Banks County Public Records 04-29-09

Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed To Secure Debt executed and delivered by EUGENE AND FRANCES DAVIS, to EUGENE MONTGOMERY dated August 19, 2006, and recorded in Deed Book 292, Page 186, Office of the Clerk of Superior Court of Banks County, Georgia; securing sums in the original principal amount of $23,450.00, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney in Fact for the said EUGENE AND FRANCES DAVIS, as provided in said Deed To Secure Debt, between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in May, to-wit: May 5, 2009:
All that tract or parcel of land, lying and being in the 207th G.M., District, of Banks County, Georgia and being designated as Tract #48-A containing 2.00 acres, more or less, as shown on a plat of survey for Eugene Montgomery dated January 11, 1996, prepared by G. Brian Slate, Registered Surveyor, and being recorded in Plat Book 20, Page 119, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed description. Said tract of land is bounded on the northwest by Tract #48-B; on the northeast by Sims Bridge Road; on the south by Tract #46 and east by Tract #47-C.
Restrictions: No commercial, hog, nor poultry raising and no junk yards.
THE PROPERTY ADDRESS IS 1646 SIMS BRIDGE ROAD, COMMERCE, GA 30530.
The debt secured by said Deed To Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of EUGENE AND FRANCES DAVIS, by the undersigned, as Attorney in Fact for the said EUGENE AND FRANCES DAVIS.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any, shall be applied as provided in said Deed To Secure Debt. Proper conveyance will be made to the purchaser at the said sale by the undersigned acting as Attorney in Fact for the said EUGENE AND FRANCES DAVIS.
Pursuant to §44-14-162.2(a) & (b), O.C.G.A. 1982 as amended, a copy of this Notice has been mailed to the Debtor and Guarantor. The individual on behalf of the creditor who has full authority to negotiate, amend, and modify all terms of the debt with the debtor is:
Eugene Montgomery
1051 Chandler Cemetery Road
Maysville, GA 30558
To the best knowledge, information, and belief of EUGENE MONTGOMERY, the premises are unoccupied.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated: “This document is an attempt to collect a debt and any information obtained will be used for that purpose”. [15 U.S.C. Section 1692e(11).]
This 2nd day of April, 2009.
EUGENE MONTGOMERY, As Attorney in Fact for EUGENE AND FRANCES DAVIS
JEFFREY M. PERRY
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(AP8,15,22,29P4)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for OCWEN LOAN SERVICING, LLC, dated June 12, 2006, recorded July 31, 2006, in Deed Book 286, Pages 66-78, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED FORTY-ONE THOUSAND AND 00/100 DOLLARS ($141,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Countrywide Home Loans Servicing, LP, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in May, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 208th District, G.M. Banks County, Georgia, containing 5.63 acres, more or less, as per plat of survey recorded in Plat Book 17, Page 197, Banks County Records, which plat is hereby referred to and made a part of this description.
Being the same property conveyed to Henry M. Wilhelm, III, and Linda G. Wilhelm, as joint tenants with survivorship and not as tenants in common, by deed from Henry M. Wilhelm, III recorded 06/09/2004 in Deed Book 238, Page 681, in the office of the Clerk of the Superior Court of Banks County, Georgia.
TAX ID# B53 121
Said property is commonly known as 20563 Highway 441 S, Commerce, GA 30529.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Henry M. Wilhelm, III and Linda G. Wilhelm, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
COUNTRYWIDE HOME LOANS SERVICING, LP as Attorney in Fact for HENRY M. WILHELM,III AND LINDA G. WILHELM
Lender Contact: COUNTRYWIDE, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Adorno & Yoss LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
ADORNO FILE NO. 215400.6950
WWW.ADORNO.COM/ATLDOCS/SALES.HTML
(AP8,15,22,29B/13997-60)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from FRED SCHLEGEL to UNITED COMMUNITY BANK, dated October 3, 2006, recorded October 10, 2006, in Deed Book 290, Page 114, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 6, 2008, recorded in Deed Book 321, Page 794, Banks County, Georgia records, said Security Deed being given to secure a Note from FRED SCHLEGEL dated February 6, 2008, in the original principal amount of SIX HUNDRED EIGHTY NINE THOUSAND FIVE HUNDRED THIRTY SEVEN AND 54/100 ($689,537.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in May, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 209 of the 10th Land District, 1580th GMD of Banks County, Georgia and containing 0.52 acre, more or less, as shown on Plat of Survey prepared by Hubert Lovell, RLS, dated May 22, 1990 and said plat being recorded among Banks County, Georgia Records in Plat Book 16, Page 122, reference to said plat is being made for a more full and complete description.
BEGINNING at a right of way concrete monument on the Southwesterly right of way of U.S. Highway 441, which concrete monument is situated South 34 degrees 02 minutes East 159.50 feet from a point where the Four Mile Purchase Line intersects said Southwesterly right of way of U.S. Highway 441; thence along said right of way of U.S. Highway 441, the following courses and distances: South 37 degrees 26 minutes East 43.70 feet, South 38 degrees 14 minutes East 33.26 feet, South 41 degrees 17 minutes East 32.88 feet, South 43 degrees 52 minutes East 33.57 feet, South 48 degrees 00 minutes East 46.76 feet and South 53 degrees 12 minutes East 30.12 feet to a corner on said Southwesterly right of way of U.S. Highway 441; thence South 32 degrees 55 minutes West 32.41 feet; thence South 50 degrees 44 minutes West 21.02 feet to a point in center of a “Proposed Road”; thence along center of said “Proposed Road” the following courses and distances: South 62 degrees 58 minutes West 43.70 feet, and South 74 degrees 16 minutes West 111.99 feet to a concrete monument corner, which corner is located North 69 degrees 30 minutes East 2042 feet from the comer common to Land Lots 203, 204, 209 and 210 of said 10th Land District of Banks County, Georgia; thence North 06 degrees 46 minutes East 251.57 feet to a right of way concrete monument on the Southwesterly side of U.S. Highway 441, the Point of Beginning.
ALSO: All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, containing 3.32 acres, all as more fully shown on Plat of Survey prepared by Hubert Lovell, RLS, dated February 17, 1984 and said plat being recorded among Banks County, Georgia Records in Plat Book 10, Page 43, reference to said plat is being made for a more full and complete description.
All buildings, structures and improvements of every nature whatsoever now or hereafter situates on the premises, located as 6761 Hwy 441, Baldwin, Georgia, and all fixtures, machinery, furniture, equipment and appliances located upon and used in connection with the operation of the improvements, whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing, all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is FRED SCHLEGEL or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FRED SCHLEGEL
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01022
(AP8,15,22,29B/16022-90T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SHERYL L. JOHNSON and JERRY LEE JOHNSON to LENDERS ASSOCIATES CORPORATION, dated August 28, 1996, recorded in Deed Book 109, Page 176, Banks County, Georgia Records, as last transferred to Chase Home Finance, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-THREE THOUSAND FOUR HUNDRED FIFTY AND 0/100 DOLLARS ($53,450.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in May, 2009, the following described property:
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia being described as Lot 13 of River Run Estates, Unit 1, as per plat recorded in plat book 13, page 99, Banks County, Georgia which plat is incorporated herein by reference.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Sheryl L. Johnson and Jerry Lee Johnson or a tenant or tenants and said property is more commonly known as Lot 13 Loggins Lane, Commerce, GA 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance, LLC as Attorney in Fact for Sheryl L. Johnson and Jerry Lee Johnson
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/mt1 5/5/09
Our file no. 11739208-FT3
(AP8,15,22,29B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from LUTHER O. HARNESS and GLENDA FAYE SMITH to UNITED COMMUNITY BANK, dated April 20, 2007, recorded April 30, 2007, in Deed Book 304, Page 112, Banks County, Georgia records, said Security Deed being given to secure a Note from LUTHER HARNESS and GLENDA FAYE SMITH of even date in the original principal amount of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in May, 2009, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 10.00 acres, more or less, as shown on a plat of survey prepared for Harry F. Montgomery by Max Lewallen, Registered Surveyor, dated August 27, 1996, recorded in Plat Book 21, Page 70, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: a 2007 28 x 72 Buccaneer Home, Serial #BC07A20138375A&B.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is LUTHER O. HARNESS and GLENDA FAYE SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for LUTHER O. HARNESS and GLENDA FAYE SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00858
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP8,15,22,28B/16022-50T1P)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by GARRY SCOTT MOORE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR BNC MORTGAGE, INC., A DELWARE CORPORATION , dated 05/23/2007, and Recorded on 06/15/2007, as Book No. 307 and Page Nos. 281-299, BANKS County, Georgia Records, as last assigned to WELLS FARGO BANK, N.A., AS TRUSTEE FOR BNC MORTGAGE LOAN TRUST 2007-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-4, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $278,400.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in May, 2009, the following described property: LOT 10
All that tract or parcel of land, together with improvements thereon, situate, lying and being in GMD 465, of Banks County, Georgia, containing 12.6 acres, more or less, and being identified as Lot 10 of Mountain Creek Subdivision, as shown on that plat of survey recorded in Plat Book 13, Page 116, of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more complete description of the property.
Property known as 292 Mountain Creek Drive, Maysville, GA 30558, per the current method of numbering houses in Banks County, Georgia.
TRACT II (PART OF LOT II)
All that tract or parcel of land together with all improvements thereon, situate lying and being in Banks County, Georgia, consisting of 1.20 acres more or less as evidenced in recorded plat in Banks County, Georgia, plat being recorded in Book 26, Page 104, and dated 12/04/2001.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION, 10790 RANCHO BERNARDO ROAD, Foreclosure, SAN DIEGO, CA 92127, 877-838-1882. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 292 MOUNTAIN CREEK DR., MAYSVILLE, GEORGIA 30558, is/are: GARRY SCOTT MOORE or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
WELLS FARGO BANK, N.A., AS TRUSTEE FOR BNC MORTGAGE LOAN TRUST 2007-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-4 as Attorney in Fact for GARRY SCOTT MOORE.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20090161900144 BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(AP8,15,22,29P4)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MICHAEL S. HUDSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 10, 2005, recorded in Deed Book 271, Page 175, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-A by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIFTEEN THOUSAND AND 0/100 DOLLARS ($115,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in May, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Michael S. Hudson or a tenant or tenants and said property is more commonly known as 375 Georgia Highway 326, Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-A as Attorney in Fact for Michael S. Hudson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mg2 5/5/09
Our file no. 5652909-FT12
EXHIBIT A
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 4.84 acres, more or less, as shown on Plat and survey of Max Lewallen, surveyor, dated January 12, 1990, and recorded in the office of the clerk of Superior Court of Banks County, Georgia, in Plat Book 15 Page 99. For a more detailed description to said tract, reference is hereby made to said plat as recorded.
Property Address: 375 GA Highway 326, Commerce, GA 30530
Tax Parcel ID: B68 012
(AP8,15,22,29B/12062-70T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MICHAEL DOUGLAS O’NEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 24, 2003, recorded in Deed Book 229, Page 641, Banks County, Georgia Records, as last transferred to GMAC Mortgage, LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($83,200.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in May, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 1100 Virginia Drive, Fort Washington, PA 19034, 800-850-4622x2365442. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Michael D. O’Neal or a tenant or tenants and said property is more commonly known as 710 Yonah Homer Rd., Homer, Georgia 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
GMAC Mortgage, LLC as Attorney in Fact for Michael Douglas O’Neal
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 5/5/09
Our file no. 51449207-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 265th G.M.D., in the City of Homer, Banks County, Georgia, containing 1.00 acres, as more fully shown on a plat of survey dated February 25, 1997, prepared by Max Lewallen, Registered Surveyor, Georgia License #2067, for Michael Douglas O’Neal, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21 at Page 190. Said plat is hereby incorporated herein by reference for a more detailed description of the subject property.
(AP8,15,22,29B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DEREK D. MILLWOOD and SHERRY E. MILLWOOD to Mortgage Electronic Registration Systems, Inc., dated February 27, 2007, recorded in Deed Book 301, Page 122, Banks County, Georgia Records, as last transferred to Branch Banking & Trust Company by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FIFTY-TWO THOUSAND AND 0/100 DOLLARS ($252,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in May, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 880-827-3722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Derek Dwight Millwood and Sherry Elaine Westmoreland Millwood or a tenant or tenants and said property is more commonly known as 339 Payne Rd., Homer, Georgia 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Branch Banking & Trust Company as Attorney in Fact for Derek D. Millwood and Sherry E. Millwood
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 5/5/09
Our file no. 5651809-FT7
EXHIBIT A
All that tract or parcel of land together with all improvements thereon lying and being in the Washington Georgia Militia District No 284 of Banks County, Georgia, containing 15 0 acres, more or less, as shown on plat of survey by Max Jackson Lewallen, GRLS 2067, dated December 21, 2006 recorded in Plat Book 30, Page 182, in the office of the Clerk of Superior court of Banks County, Georgia, which said plat is incorporated herein by reference and made a part of this description.
Subject to all easements, restrictions, reservation and rights-of-way of record, if any
(AP8,15,22,29B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MARIA CALLENDER to SUNTRUST MORTGAGE, INC., dated December 18, 2006, recorded in Deed Book 298, Page 606, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIX HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($688,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in May, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: SunTrust Construction Loans, 1001 Semmes Avenue, Richmond, VA 23224, 804-291-0073. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Maria Callender or a tenant or tenants and said property is more commonly known as Lot 25 Hammers Glen, Homer, Georgia 30507.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Maria Callender
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cj 5/5/09
Our file no. 52298808-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, being designated as Lot 25, containing 1.00 acres, more or less, as shown on a plat of survey recorded in Plat Book E, Page 12, Banks County, Georgia Records, said Plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of way for public roads and utilities now in use.
(AP8,15,22,29B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CHARLES E. BROWN, JR. and DEBRA W. BROWN to WELLS FARGO BANK, NA, dated August 31, 2006, recorded in Deed Book 288, Page 278, Banks County, Georgia Records, as last transferred to HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2006-15 by assignment recorded in Deed Book 330, Page 732, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIVE HUNDRED THIRTY-ONE THOUSAND AND 0/100 DOLLARS ($531,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in May, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Charles E. Brown, Jr. and Debra W. Brown or a tenant or tenants and said property is more commonly known as 316 Riverwood Lake Road, Lula, Georgia 30554.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2006-15 as Attorney in Fact for Charles E. Brown, Jr. and Debra W. Brown
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cls1 5/5/09
Our file no. 51832908-FT5
EXHIBIT A
All that lot, tract, or parcel of land, together with improvements thereon, lying and being in GMD 912 of Banks County, Georgia, containing 10.003 acres on Moccasin Gap Road as shown on that plat for Chuck and Debra Brown, dated July 4, 2006, by Bruce A. Codina, Georgia Registered Land Surveyor, and which property is more particularly described according to said plat as follows:
To locate the point of beginning, locate a iron pin set on the northern right-of-way of Moccasin Gap Road (80 foot right-of-way) with said iron pin being located 1222.11 feet from the centerline of Riverwood Lake Road as measured along the northern right-of-way of Moccasin Gap Road in a southeasterly direction from said intersection; from said point of beginning, thence departing the right-of-way along other property of Brown north 40 degrees 21 minutes 51 seconds east 638.38 feet to a point; thence along property now or formerly of Drouault north 63 degrees 57 minutes 44 seconds east 626.34 feet to a point in the centerline of Riverwood Lake Road (40 foot road easement in which the centerline of the road is the property line) thence along the centerline of Riverwood Lake Road south 32 degrees 07 minutes 47 seconds east 372.08 feet to a point; thence departing the right-of-way along property now or formerly of Booch south 65 degrees 06 minutes 08 seconds west 595.23 feet to an iron pin; thence south 32 degrees 05 minutes 28 seconds east 57.89 feet to a point; thence south 51 degrees 13 minutes 38 seconds west 538.57 feet along property now or formerly of Giles to an iron pin found on the northern right-of-way of Moccasin Gap Road; thence along the right-of-way north 52 degrees 08 minutes 17 seconds west 298.48 feet to a point; thence north 51 degrees 36 minutes 12 seconds west 12.0 feet to an iron pin and the true point of beginning.
This is a portion of the property conveyed to Charles E. Brown, Jr., and Debra W. Brown by that warranty deed dated June 4, 2004, recorded in Deed Book 238, Pages 718-719, of the Banks County, Georgia deed records. Said property is conveyed subject to all easements, covenants and restrictions of record.
(AP8,15,22,29B/12062-90T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from JAMES D. CHAPMAN to COMMUNITY BANK & TRUST, dated July 11, 2002, which Deed is recorded among Banks County, Georgia Records in Deed Book 195, Page 704, said Security Deed being given to secure a Note dated September 22, 2008 in the original principal amount of ONE HUNDRED TWELVE THOUSAND SIX HUNDRED FORTY SEVEN AND 23/100 ($112,647.23) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in May, 2009, (May 5, 2009) the following described property, to wit:
All that tract or parcel of land, together with all improvements thereon, lying and being Lot 20, Pine Ridge Subdivision, in the City of Lula, Banks County, Georgia, as shown and delineated on plat prepared for Miles Anthony Fitts by Jick A. Page, Georgia Registered Land Surveyor, dated September 11, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 189. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Said property is known as 6705 Tallent Drive, Lula, Georgia, 30554-2607, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of JAMES D. CHAPMAN, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for JAMES D. CHAPMAN
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP8,15,22,29B/1326-60)