Banks County Public Records 11-25-09

Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Franklin
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JEFFERY ALAN DAVIS to COMMUNITY BANK AND TRUST, dated September 29th, 2008, and recorded October 22nd, 2008, in Deed Book 332, Pages 197-199 Banks County, Georgia Deed Records and recorded October 27th, 2008, in Deed Book 953, Pages 38-40 Franklin County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in Franklin County, during the legal hours of sale, on the first Tuesday in December, 2009, by Community Bank and Trust as Attorney-in-Fact for Jeffery Alan Davis the following described property:
All that tract or parcel of land lying and being in the 284th District, G.M., Banks County, Georgia, and the 812th District, G.M., Franklin County, Georgia, and being that 22.76 acres, more or less, as more particularly shown on a plat of survey prepared for Cecil Loudermilk by Max Lewallen, Registered Surveyor, dated July 17, 1987, recorded in Plat Book 21, Page 199, in the Office of the Clerk of the Superior Court of Franklin County, Georgia and Plat Book 22, Page 69, 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. Said property is bounded on the North and West by lands now or formerly of Lewallen; on the East by County Dirt Road No. 262 (30 foot right of way); and on the South and Southwest by lands now or formerly of Collins.
LESS AND EXCEPT: That 4.67 acres identified as Tract 5 in a Warranty Deed recorded at Deed Book 454, Page 194, Franklin County, Georgia Records and at Deed Book 154, Page 286, Banks County, Georgia Records.
LESS AND EXCEPT: That 3.46 acres identified as Lot 2 in a Warranty Deed recorded at Deed Book 478, Page 261, Franklin County, Georgia Records and at Deed Book 164, Page 473, Banks County, Georgia Records.
LESS AND EXCEPT: That 3.051 acres identified as Lot B in a Warranty Deed recorded at Deed Book 549, Page 179, Franklin County, Georgia Records and at Deed Book 188, Page 122, Banks County, Georgia Records.
LESS AND EXCEPT: That 5.88 acres identified as Tract No. 1 and Tract No. 3-A in a Warranty Deed recorded at Deed Book 816, Page 385, Franklin County, Georgia Records.
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 Jeffery Alan Davis.
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 Jeffery Alan Davis.
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
(NV4,11,18,25P4)

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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 TIMOTHY A. RAINWATER to UNITED COMMUNITY BANK, dated February 26, 2007, recorded March 1, 2007, in Deed Book 300, Page 401, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 20, 2009, recorded in Deed Book 336, Page 647, Banks County, Georgia Records, said Security Deed being given to secure a Note from TIMOTHY ARTHUR RAINWATER dated February 20, 2009, in the original principal amount of NINETY THOUSAND FIVE HUNDRED FIFTY SEVEN AND 00/100 ($90,557.00) 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 December, 2009, the following described property:
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, being designated as Lot 18, containing 1.00 acre, more or less, as shown on a plat of survey for Hammer’s Glen “The Reserve”, by Lovell, Duvall, Miller & Associates, Inc., Kenyon L. Miller GRLS #2595, dated December 1, 2003, recorded in Plat Book E, Page 12, in the office of the Clerk of the Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to exiting easements and rights of way for public roads and utilities now in use.
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 TIMOTHY A. RAINWATER or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for TIMOTHY A. RAINWATER
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01453
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV4,11,18,25b/16022-50T1P)

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Notice of Sale
Advertisement of Sale
Under Power of Sale 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 with Power of Sale (hereinafter known as the (Security Deed() from JEREMY NEAL ABERNATHY and KIMBERLY S. ABERNATHY to NORTHEAST GEORGIA BANK, dated February 29, 2008, and recorded on March 13, 2008, in Deed Book 322, Pages 289-293, as last amended by Modification of Deed to Secure Debt dated January 26, 2009, and recorded January 28, 2009, in Deed Book 335, Pages 475-476, Banks County, Georgia Records. This Security Deed secures a Note dated January 26, 2009 in the original principal amount of $47,617.50, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in December, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 912th GMD, City of Lula, Banks County, Georgia, being designated as Lot 13 of Iron Horse Farms Subdivision, as per plat recorded in Plat Book F, Page 85, Banks County, Georgia records, which plat is incorporated herein by reference and made a part hereof.
This conveyance is made subject to all zoning ordinances, easements, covenants and restrictions of record affecting said bargained premises.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Jeremy Neal Abernathy and Kimberly S. Abernathy and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jeremy Neal Abernathy and Kimberly S. Abernathy.
NORTHEAST GEORGIA BANK
By: ____ As Attorney-in-fact for: Jeremy Neal Abernathy and Kimberly S. Abernathy
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(NV4,11,18,25P4)

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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 LINDA PARSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 16, 2006, in the amount of $72,000.00, and recorded in Deed Book 293, Page 386, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon fka The Bank of New York, as Trustee For The Certificateholders CWABS, Inc., Asset-Backed Certificates, Series 2006-25 by assignment, the undersigned, The Bank of New York Mellon fka The Bank of New York, as Trustee For The Certificateholders CWABS, Inc., Asset-Backed Certificates, Series 2006-25 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 December, 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, together with all improvements thereon, situate, lying and being in the 465th District, G.M., in the City of Maysville, Banks County, Georgia, containing 0.22 acre, as shown on plat f survey entitled Survey for Linda Parson by Max Lewallen, Registered Surveyor, dated September 20, 1982, recorded in Plat Book 9, Page 64, in the Office of the Clerk of the Superior Court of Bank County, Georgia, and being more particularly described as follows:
Beginning at an iron pin on the Southeasterly side of Homer Street (GA. Highway 98) at the Northerly corner of property of Emmett and North 46 degrees 23 minutes East 105.5 feet from a right of way marker on the Southeasterly side of Homer Street and running thence alone the Southeasterly side of Homer Street North 46 degrees 23 minutes East 52.8 feet to an iron pin; running thence along property of Brock South 43 degrees 7 minutes East 192.3 feet to an iron pin; running thence South 54 degrees 35 minutes West 51.5 feet to an iron pin; running thence along property of Emmett North 43 degrees 39 minutes West 185.0 feet to the beginning iron pin;
Said property being the Easterly One-Half of Lot No. 4 of the Miss Adia Sheridan Subdivision as shown on plat recorded in Plat Book 1, Page 23, in said Clerks Office.
which has the property address of 54 Homer Street, 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 Linda Parson 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 fka The Bank of New York, as Trustee For The Certificateholders CWABS, Inc., Asset-Backed Certificates, Series 2006-25 Attorney in Fact for Linda Parson
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-25064 /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.
(NV4,11,18,25B/1325-70)

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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 GEORGE DEAN FRYAR and PHYLLIS JENKINS to UNITED COMMUNITY BANK, dated November 15, 2007, recorded November 21, 2007, in Deed Book 316, Page 194, Banks County, Georgia Records, said Security Deed being given to secure a Note from GEORGE DEAN FRYAR and PHYLLIS JENKINS of even date in the original principal amount of EIGHTY THOUSAND SEVEN HUNDRED FIFTY AND 00/100 ($80,750.00) 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 December, 2009, the following described property:
All that tract or parcel or land lying and being in the 1464th G.M.D. of Banks County, Georgia, being shown as Tract 3, containing 10.85 acres, more or less, as shown on a plat of survey prepared for Jack Irvin by Bartlett & Cash Land Surveyors, Inc., R.L.S., dated April 16, 2007 and being recorded among Banks County, Georgia Records in Plat Book 31, Page 76, said plat being incorporated herein by reference for a more full and complete description.
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 GEORGE DEAN FRYAR and PHYLLIS JENKINS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for GEORGE DEAN FRYAR and PHYLLIS JENKINS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01519
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV4,11,18,25B/16022-50T1P)

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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by VIRGINIA M. MONTGOMERY to CITIFINANCIAL SERVICES, INC., dated April 24, 2008, and filed for record June 30, 2008, in Deed Book 327, Page 821, Banks County, Georgia Records, and securing a Note in the original principal amount of $94,644.26, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Banks County, Georgia, between the legal hours of sale on the first Tuesday in December 2009, by CitiFinancial Services, Inc. as Attorney-in-Fact for Virginia M. Montgomery the following property to-wit:
ALL THAT TRACT or parcel of land situate, lying and being in the 208th District, GM, Banks County, Georgia, designated as Lot 7 of Lake View Acres, encompassing 2.545 acres, more or less, as shown on a plat of survey entitled “Survey for Phillip E. Montgomery and Virginia M. Montgomery”, prepared by Paul & Evans, certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated January 28, 1997, and being of record in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 21, Page 186, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description.
The above described property is also known as 419 Grove Level Road, Commerce, GA 30529.
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 purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Virginia Montgomery .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows:
CitiFinancial Services, Inc.
Attn: Loss Mitigation Dept.
3950 Regent Boulevard
MS-S2A-286
Irving, TX 75063
Telephone number: 1-800-711-9834
The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require CitiFinancial Services, Inc. to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
CitiFinancial Services, Inc.
as Attorney-in-Fact for
Virginia M. Montgomery
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. , ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV4,11,18,25B/119-60)

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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 BILLY CHARLES NIX and KATIE NIX to OPTION ONE MORTGAGE CORPORATION, dated November 26, 2001, recorded in Deed Book 182, Page 843, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2001-D, Asset-Backed Certificates, Series 2001-D. 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 SIXTY-FOUR THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($64,400.00), 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 December, 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 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, 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: American Home Mortgage Servicing Inc., 6501 Irvine Center Drive, Irvine, CA 92618, 877-304-3100. 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 Billy Charles Nix and Katie Nix or a tenant or tenants and said property is more commonly known as 2125 Westbrook Road, 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.
Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2001-D, Asset-Backed Certificates, Series 2001-D. as Attorney in Fact for Billy Charles Nix and Katie Nix
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mhd 12/1/09
Our file no. 53192209-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1206th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Tract 1, as more particularly shown on a plat of survey prepared for Billy C. Nix by Max Lewallen, Registered Surveyor, dated August 17, 2000, recorded in Plat Book 25, Page 45, 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.
(NV4,11,18,25B/12062-70T1P)

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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 SARITA K. DAVIDSON f/k/a SARITA G. KING to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 16, 2003, in the amount of $0.00, and recorded in Deed Book 212, Page 736, Banks County, Georgia Records, as last transferred to Guaranty Bank by assignment, the undersigned, Guaranty Bank 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 December, 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 Land Lot 185 of the 10th Land District of Banks County, Georgia, containing .60 Acres, more or less, and being more fully shown on a Plat of Survey for Sarita G. King made by Holcomb Surveying, Inc., R.L.S., dated October 29, 1998, and being of record in the office of the Superior Court of Banks County Records in Plat Book 23, Page 127, said plat and being incorporated herein by reference for a more full and complete description.
which has the property address of 930 Park Ave., Baldwin, 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 Sarita K. Davidson f/k/a Sarita G. King 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.
Guaranty Bank Attorney in Fact for Sarita K. Davidson f/k/a Sarita G. King
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-15369 /FNMA
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.
(MV4,11,18,25B/1325-50)

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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 December, 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.
(NV4,11,18,25B/1325-60)

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Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed To Secure Debt executed and delivered by LINDA COLE and ANTHONY COLE to JAMES S. PATRICK, dated February 11, 2008, and recorded in Deed Book 321, Page 331, Banks County, Georgia Records, and recorded securing a note of even date, and any other present or future indebtedness, 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 LINDA COLE and ANTHONY COLE 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 December, to-wit; December 1, 2009:
All that tract or parcel of land lying and being in the 1206 District, G.M., Banks County, Georgia, containing 2.38 acres, more or less, shown as Lot 12, Cedar Ridge Subdivision, as shown on a plat and survey for Cedar Ridge Properties, by Max Lewallen, Surveyor, dated 12-17-87, which plat is recorded in Plat Book 13, Page 111, Banks County, Georgia Records. Said plat and the recording thereof are incorporated herein for a more detailed description of the property conveyed.
Reference: Deed Book 45, Page 447, 440, Office of Clerk of Superior Court of Banks County, Georgia.
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 LINDA COLE and ANTHONY COLE by the undersigned, as Attorney-in-Fact for the said LINDA COLE and ANTHONY COLE.
Said property shall be sold subject to any and all outstanding easements and right-of-way, restrictions of record, if any, and to all unpaid taxes and assessments.
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), 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 sale by the undersigned acting as Attorney-in-Fact for the said LINDA COLE and ANTHONY COLE.
This 26th day of October, 2009.
JAMES S. PATRICK As Attorney-in-Fact for LINDA COLE and ANTHONY COLE
Allen L. Lacey, Jr.
Attorney at Law
P. O. Box 356
Commerce, Georgia 30529
(706)335-7886
(NV4,11,18,25B/1324-50T1)

gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from MARGARET P. CARTER to COMMUNITY BANK & TRUST, dated June 23, 2008, which Deed is recorded among Banks County, Georgia Records in Deed Book 327, Page 915, said Security Deed being given to secure a Note dated July 7, 2009 in the original principal amount of ONE HUNDRED FIFTY SEVEN THOUSAND THREE HUNDRED EIGHTY AND 20/100 ($157,380.20) 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 December, 2009, (December 1, 2009) the following described property, to wit:
All that tract or parcel of land together with improvements thereon lying and being in the 1580 GMD, Banks County, Georgia, being Lot 7, Hickory Knoll Subdivision, as per plat recorded in Plat Book B, Page 13, 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 Protective Covenants as recorded in Deed Book 107, Page 595-597, Banks County, Georgia deed records.
Subject to all easements, restrictions, reservations and rights-of-way of record, if any.
Said property is known as 145 Timber Ridge Ln., Alto, Georgia, 30510-5538, 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 MARGARET P. CARTER, 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 MARGARET P. CARTER
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.
(NV4,11,18,25B/1326-60P)

gpn11
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 KEVIN LEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 13, 2007, recorded in Deed Book 303, Page 820, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. 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 NINETY-THREE THOUSAND AND 0/100 DOLLARS ($93,000.00), 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 December, 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 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, 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 Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. 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 Kevin Lee or a tenant or tenants and said property is more commonly known as 721 Duncan Road, 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.
SunTrust Mortgage, Inc. as Attorney in Fact for Kevin Lee
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cj 12/1/09
Our file no. 53206609-FT2
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia designated as Lot 46B, containing 3.265 acres, more or less, as shown by plat and survey for Mark Montgomery, prepared by Slate & Assoc., Inc., certified by G. Brian Slate, GRLS No. 2529, dated February 7, 1996, as recorded in Plat Book 20, Page 131, Banks County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
(NV4,11,18,25B/12062-60T1P)

gpn11
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 ROBERT FRYE and VICKI FRYE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 7, 2004, recorded in Deed Book 234, Page 826, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 346, Page 114, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SEVEN THOUSAND ONE HUNDRED SEVENTY-NINE AND 0/100 DOLLARS ($127,179.00), 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 December, 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 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, 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 Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. 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 Robert Frye and Vicki Frye or a tenant or tenants and said property is more commonly known as 778 Hwy. 59, 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.
SunTrust Mortgage, Inc. as Attorney in Fact for Robert Frye and Vicki Frye
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cj 12/1/09
Our file no. 52190609-FT2
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia designated as Lot 2 of Governor’s Walk Subdivision, containing 1.50 acres, more or less, as shown by Plat and survey for James Short entitled “Final Plat for Governor’s Walk Subdivision”, prepared by Max Lewallen, dated December 19, 1998 as recorded in Plat Book C, Page 1, Banks County, Georgia Records; which Plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
(NV4,11,18,25B/12062-60T1P)