Banks County Public Records 09-16-09

Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST, dated March 4th, 1988, and recorded March 10th, 1988, in Deed Book 47, Page 735 Banks County, Georgia Deed records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Bobby Joe Caudell the following described property:
ALL THAT TRACT or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, and being more particularly described according to plat of Survey made by J.G. King, Registered Surveyor, under date of November, 1972, copy of said Plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 4, Page 252, as fo1lows: BEGINNING at an iron pin corner at the point of intersection of the Southeasterly Side of Baldwin Falls Road with the Southwesterly side of Chatham Street; thence South 43 degrees 31 minutes East 492.9 feet along the Southwesterly side of Chatham Street to an iron pin corner on the original line between Land Lot Nos. 185 and 204; thence South 59 degrees 23 minutes West 337.7 feet along said Land Lot Line to an iron pin corner; thence North 45 degrees 07 minutes West 4O8.53 feet to an iron pin corner on the Southeasterly side of Baldwin Falls Road; thence along said Road the following courses and distances North 49 degrees 49 minutes East 115.9 feet, North 51 degrees 19 minutes East 169.6 feet, and North 21 degrees 43 minutes East 60.8 feet to the point of beginning, containing 3.38 acres, more or 1ess.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell.
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.
Community Bank and Trust as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)

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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from CLARENCE BRUCE LEWALLEN and LINDA LEWALLEN CAUDELL to COMMUNITY BANK AND TRUST, dated February 26th, 2007, and recorded March 14th, 2007, in Deed Book 301, Pages 586-587 Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Clarence Bruce Lewallen and Linda Lewallen Caudell the following described property:
TRACT I: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, and more fully described as follows:
BEGINNING at an iron pin corner on the South side of Williams Street with lands of Albert Newsome, formerly owned by James Smith; thence along Williams Street South 45° East 614.5 feet to corner with lands of Eugene Stewart, formerly W. L. Shore; thence South 47° 6’ West 861 feet to corner with lands of Ed Chapman, formerly owned by Charlie House; thence North 17° 35’ West 126 feet; thence North 3° 59’ East 236 feet; thence North 35° 22’ West 146 feet; thence North 34° 43’ West 168 feet; thence North 33° 47’ East; thence North 46° 7’ East 152 feet; thence North 52° 48’ East 225.1 feet to corner on Williams Street, the POINT OF BEGINNING. The tract herein conveyed contains 9.62 acres, more or less, and is known and distinguished as being Tract No. 1 according to the survey and plat of J. G. King, dated February 10, 1948, reference to which is hereby made for all purposes, including the location of certain unopened alleys.
TRACT II: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, known and distinguished as Lots Nos. 11, 12, 13 and 14, and 35, 36, 37 and 38 of Block 37 of the Town of Baldwin according to survey and plat of John A. Reynolds, which is recorded in the Office of the Clerk of the Superior Court of Habersham County, Georgia, and more fully described as follows:
BEGINNING at a stake corner with Lot No. 10 of said block now owned by the Henry Payne Estate on the North side of Williams Street; thence along Williams Street South 45° 39’ East Two Hundred (200) feet to corner; thence North 44° 30’ East Three Hundred (300) feet to corner on Chatham Street; thence along Chatham Street North 45° West Two Hundred (200) feet to corner with lands of the Henry Payne Estate; thence South 44° 30’ West Three Hundred (300) feet to corner on Williams Street, the POINT OF BEGINNING.
LESS AND EXCEPT: All that tract or parcel of land lying and being in The Town of Baldwin, Georgia, and being a part of Block #33, containing 3.16 acres and being more fully described in a Warranty Deed dated May 1972, from Adger Lewallen to Habersham County Board of Education, said deed being of record among the deed records of Habersham County, Georgia, in Deed Book 124, Page 677.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Clarence Bruce Lewallen and Linda Lewallen Caudell.
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.
Community Bank and Trust as Attorney-in-fact for Clarence Bruce Lewallen and Linda Lewallen Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement from BOLEMAN PROPERTIES, LLC (“Grantor”) to HABERSHAM BANK (“Grantee”), dated May 5, 2005, filed and recorded May 18, 2005, in Deed Book 258, Page 711, Banks County, Georgia Records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “First Deed”), and that certain Deed to Secure Debt and Security Agreement dated August 10, 2005, filed and recorded August 12, 2005, in Deed Book 263, Page 802, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “Second Deed”), and that certain Deed to Secure Debt and Security Agreement dated March 16, 2007, filed and recorded March 27, 2007, in Deed Book 302, Page 376, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records, as further modified by that Forbearance and Modification Agreement dated March 30, 2009 (as modified, the “Third Deed”) (the First Deed, Second Deed, and Third Deed hereinafter collectively referred to as the “Security Deeds”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated April 25, 2008, from Grantor payable to Grantee in the original principal amount of Three Million Six Hundred Seventy Eight Thousand Three Hundred Sixty Eight and No/100 Dollars ($3,678,368.00), with interest thereon as set forth therein (as modified and renewed, the “Note”), 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 October, 2009, the following described property:
TRACT 1
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being known as the home place of the late I.K. Carter, known in the plat of said town of Belton (now known as Lula), as Block No. 31, and fronting West on Hampton Street 200 feet and running back Eastward 200 feet in uniform width and known as Dwelling House Lot.
TRACT 2
All that tract or parcel of land lying and being in G.M.D. 912, Banks County, City of Lula, Georgia, containing 25.634 acres, more or less, as depicted in a certain plat of survey for Vasco and Tracy Barrett by Roy A. Terrell, Registered Land Surveyor, sated February 6, 1974, recorded in Plat Book 7, Page 196, Banks County Deed Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, and being shown on a plat for Bobbie Barrett Moore and Michael Barrett prepared by Jimmy D. Bullock, Georgia Registered Land Surveyor No. 1765, said plat being dated October 15, 2002, and being recorded in Plat Book 27, Page 39, Banks County, Georgia Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, G.M.D. 912, Banks County, Georgia, being 0.538 acres, more or less, as depicted in a plat of survey for William S. and Raven Fitzpatrick, dated May 4, 2005, by GeoImage, LLC, Douglas R. Sherrill RLS No. 2995, which plat is incorporated herein by reference, and being more particularly described as follows:
Begin at a point located on the Easterly right of way of Railroad Avenue at its intersection with the Northerly right of way of Sixth Street (30 foot right of way), and from said point South 68 Degrees 36 Minutes 06 Seconds East a distance of 30.02 feet to a point located on the Northerly right of way of Sixth Street; thence North 21 Degrees 10 Minutes 26 Seconds East a distance of 11.35 feet to a point; thence South 68 Degrees 49 Minutes 34 Seconds East a distance of 27.36 feet to a point; thence on a curve to the right having a Chord bearing of South 45 Degrees 50 Minutes 44 Seconds East, Radius 105.00 feet, Arc 84.23 feet, Chord 81.99 feet; thence South 22 Degrees 51 Minutes 55 Seconds East a distance of 107.11 feet to a point; thence South 21 Degrees 00 Minutes 00 Seconds West a distance of 32.97 feet to a 2” open top pipe found; thence North 70 Degrees 15 Minutes 57 Seconds West a distance of 207.06 feet to a point located on the Easterly right of way of Railroad Avenue; thence North 21 degrees 00 Minutes 00 Seconds East a distance of 135.94 feet to the point of beginning.
TOGETHER WITH:
TRACT 3
All that tract or parcel of land lying and being in G.M.D. 912, City of Lula, Banks County, Georgia, being 36.20 acres, more or less, as per plat of survey for Mrs. Margarette Chambers, dated August 11, 2002, and recorded in Plat Book D, Page 113, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 1-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being situate in GMD 912, City of Lula, Banks County, Georgia, being identified as “City Well Tract” in that certain final subdivision plat for Waterford Glen Subdivision, recorded in Plat Book 39, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein by reference for a more particular description of the property herein conveyed. Also included in this conveyance is that certain 20-foot easement from Waterford Court to said tract as depicted in said plat of survey.
TOGETHER WITH:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to comply with the provisions of the Security Deeds. The debt remaining outstanding, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deeds and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deeds, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property consists of Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120 and common areas, Waterford Glen Subdivision, Banks County, Georgia, and the party in possession of the property is Boleman Properties, LLC, or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Boleman Properties, LLC
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30P4)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JANET L. SIMS and RUFUS T. SIMS to NEW CENTURY MORTGAGE CORPORATION dated February 18, 2005, in the amount of $93,200.00, and recorded in Deed Book 37-V, Page 714, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 by assignment, the undersigned, Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in GMD 257, Jackson County, Georgia, being Lot 19, Phase II, Hidden Meadows Subdivision, which plat is recorded in Jackson County Plat Records at Plat Book 55, Page 246, Jackson County, Georgia Records, which recorded plat is incorporated herein for a more complete description of said property.
which has the property address of 304 Meadow Lark Way, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
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.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Janet L. Sims and Rufus T. Sims and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 Attorney in Fact for Janet L. Sims and Rufus T. Sims
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21168 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1325-50)

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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 PAMELA ANN FOSTER and HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER and HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
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 PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/16022-60T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by NENG YANG and TONG VANG to WASHINGTON MUTUAL BANK, FA dated January 14, 2008, in the amount of $226,000.00, and recorded in Deed Book 319, Page 594, Banks County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment, the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210 District G.M. Banks County, Georgia as shown as a 7.496 acres tract on the plat of Federal Home Loan Mortgage Corporation prepared by William E. Whidden G.R.L.S. No. 2632 dated 11/7/2005 being more particularly described as follows:
Beginning at the intersection of Scales Creek Road and Wright Street and running thence North 15 degrees 42 minutes 40 seconds West for a distance of 245.89 feet to a point, said point being the true Point of Beginning, thence North 63 degrees 54 minutes 48 seconds West for a distance of 457.41 feet to a point, thence South 81 degrees 17 minutes 44 seconds West for a distance of 889.16 feet to a point, thence North 27 degrees 21 minutes 33 seconds East for a distance of 496.10 feet to a point, thence 20 degrees 30 minutes 00 seconds East for a distance of 124.90 feet, thence North 89 degrees 35 minutes 00 seconds East for a distance of 556.61 feet to a point, thence South 21 degrees 02 minutes 04 seconds East along the Southwesterly Right of Way of Scales Creek Road for a distance of 108.79 feet to a point, thence continuing along said Right of Way following a curve having an arc distance of 320.55 feet said arc being subtended by a chord of 4598.87 feet and having a bearing of South 21 degrees 41 minutes 29 seconds East for a distance of 320.49 feet to a point, said point being the true Point of Beginning.
Being the same property conveyed to Neng Yang and Tong Vang by deed from Federal Home Loan Mortgage Corporation recorded 09/07/2006 in Deed Book 288 Page 445, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
which has the property address of 863 Scales Creek Rd, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
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.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neng Yang and Tong Vang and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association Attorney in Fact for Neng Yang and Tong Vang
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21323 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1325-70)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, Banks County, Georgia Records, as last transferred to Saxon Mortgage Services, Inc. by assignment, the undersigned, Saxon Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
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.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Saxon Mortgage Services, Inc. Attorney in Fact for Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1325-60)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by DOUGLAS TOPOR and DORA TOPOR to AMERICAN HOME MORTGAGE ACCEPTANCE, INC., dated August 5, 2005, in the amount of $124,800.00, and recorded in Deed Book 265, Page 139, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 by assignment, the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, designated as Lot 14, Block B, Phase 2 of Buckeye Trails Subdivision as shown by plat and survey entitled Preliminary Plan for Phase 2 of Buckeye Trails Subdivision, prepared by Cornerstone Land Surveyors, Certified by James R. Smith, GRLS No. 2407, dated January 19, 2000, as recorded in Plat Book 26, Page 116, Banks County, Georgia Records: which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
which has the property address of 162 Buckeye Trails Dr, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
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.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Douglas Topor and Dora Topor and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 Attorney in Fact for Douglas Topor and Dora Topor
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21011 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1325-60)

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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 CHRISTINE G. SCHMID to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for NEW CENTURY MORTGAGE CORPORATION, dated October 25, 2006, recorded November 3, 2006, in Deed Book 292, Pages 194-214, 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 THREE THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($103,200.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Deutsche Bank National Trust Company As Trustee For Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass-Through Certificates, Series 2007-HE2, 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 October, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 465th GMD, Banks County, Georgia, being known and designated as Lot 12, Oak Grove Estates Subdivision, and being more particularly described according to a plat of survey recorded in Plat Book A, Page 32, Banks County Records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 205, Page 1, said records.
The above described property is subject to restrictive covenants recorded in Deed Book 75, Page 703, Banks County Records, and reserved mineral rights recorded in Deed Book 29, Page 30, said records.
Said property is commonly known as 134 Grove Drive, Maysville, GA 30558.
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 Christine G. Schmid, Christine G. Schmid, 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.
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2
as Attorney in Fact for CHRISTINE G. SCHMID
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-32136-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(SE9,16,23,30B/18915-70)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt from GARNER FAMILY HOMES, INC. (“Grantor”) to HABERSHAM BANK (“Grantee”), dated June 28, 2007, filed and recorded July 6, 2007, in Deed Book 308, Page 644, Banks County, Georgia Records, as modified by that certain Modification Agreement dated August 27, 2008, filed and recorded September 4, 2008, in Deed Book 330, Page 512, aforesaid records (the “Security Deed”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated August 27, 2008, from Grantor payable to Grantee in the original principal amount of ONE MILLION EIGHT HUNDRED FORTY THOUSAND SIX HUNDRED THIRTY TWO AND 87/100 DOLLARS ($1,840,632.87), with interest thereon as set forth therein (as modified and renewed, the “Note”), 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 208th District G.M., of Banks County, Georgia, being that 2.219 acres, more or less, as more particularly shown on a plat of survey prepared for William D. Chandler & Helen C. Chandler by Max Lewallen, Registered Surveyor, dated May 7, 1986, recorded in Plat Book 12, Page 194, Banks County, Georgia Records, which plat is incorporated herein and made a part here of by reference.
LESS & EXCEPT: That 0.14 acres conveyed to the Georgia Department of Transportation by Deed recorded at Deed Book 46, Page 685, Banks County, Georgia Records.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Notes. 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 as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property is located at 40095-40103 U.S. Highway 441, Commerce, Banks County, Georgia, and the party in possession of the property is Garner Family Homes, Inc., or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Garner Family Homes, Inc.
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30P4)

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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 MARTHA SIMMONS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for AEGIS LENDING CORPORATION, dated February 23, 2007, recorded in Deed Book 301, Page 822, 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 TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($125,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan Servicing, LLC, 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 October 2009 the following described property:
Martha Simmons
The land referred to in this commitment is situated in the State of GA, County of Banks and is described as follows:
All that tract or parcel of land lying and being in the 465th District, G.M. Banks County, Georgia, and being designated as Lot 10 on a plat of survey prepared for Ed Oak Farms by W.E. Lester, Registered Surveyor, dated March 25, 1987, recorded in Plat Book A, Page 31, 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.
Parcel No. B32B-002
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 attorney’s 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 knowledge and belief of the undersigned, the party in possession of the property is Martha Simmons or a tenant or tenants, and said property is more commonly known as 120 Hardwood Court, Maysville, Georgia 30558.
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.
Bayview Loan Servicing, LLC as Attorney in Fact for Martha Simmons
Contact: Dionna Squires
THE CALLINS LAW FIRM, LLC
101 Marietta Street, Suite 1030
Atlanta, GA 30303
(404) 681-5826
File No. F09.03.100
Ad Run Dates: 09/09/09, 09/16/09, 09/23/09, and 09/30/09
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30P4)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JENNIFER L. GASE and TOBY L. GASE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 15, 2004, in the amount of $73,588.00, and recorded in Deed Book 229, Page 754, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment, the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the GMD 284 of Banks County, Georgia, being designated as Tract One, containing 1.02 acres, as shown on that certain survey for Sylvia Merrill, dated May 5, 1994, prepared by Russell N. Barlett, RLS, as per plat recorded in Plat Book 18, Page 230, Banks County, Georgia records, said plat is incorporated herein by reference for a more complete description.
which has the property address of 360 Boling Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
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.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Jennifer L. Gase and Toby L. Gase and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Jennifer L. Gase and Toby L. Gase
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-20475 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1325-50)

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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 JEFFERY ALAN DAVIS to UNITED COMMUNITY BANK, dated August 25, 2003, recorded September 2, 2003, in Deed Book 221, Page 680, Banks County, Georgia records, as last modified by Modification of Security Deed dated November 30, 2008, recorded in Deed Book 334, Page 362, Banks County, Georgia records, said Security Deed being given to secure a Note from JEFFERY ALAN DAVIS dated November 30, 2008, in the original principal amount of FIFTY FOUR THOUSAND EIGHT HUNDRED TWENTY SIX AND 08/100 ($54,826.08) 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being Tract 1 consisting of 0.57 acres, more or less, and Tract 2 consisting of 0.53 acres, more or less, as more particularly shown on a final plat of survey prepared for Timberlane Subdivision by Allen L. Venable, Jr. Registered Surveyor, dated July 4, 1988, revised March 2, 1989, recorded in Plat Book 14, Page 102, 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.
Including a 1989 Southwind, Mobile Home, Model SH524, Vehicle Identification Number DSHAL13265AB.
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 JEFFERY ALAN DAVIS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JEFFERY ALAN DAVIS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01474
(SE9,16,23,30B/16022-50T1P)