Banks County Public Records 04-21-10

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 ELMAR BOTHA and JANICE BOTHA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 14, 2007, in the amount of $260,000.00, and recorded in Deed Book 299, Page 531, Banks County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC 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 May, 2010, 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 City of Maysville, 465th District, G.M., Banks County, Georgia, and being that 6.60 acres, more or less, designated as Tract 1 of Hillcrest Estates, Phase Two, as shown on a plat of survey prepared for James Short by Max Lewallen, Registered Surveyor, dated July 24, 1996, recorded at Plat Book B, Page 16, in the Office of the Clerk of Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
which has the property address of 494 East Freeman 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 Elmar Botha and Janice Botha 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.
Ocwen Loan Servicing, LLC Attorney in Fact for Elmar Botha and Janice Botha
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-06786 /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.
(AP7,14,21,28B/1325-50)

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Notice of Sale
Notice of Sale Under Power
Because of the default in the payment of a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $501,250.00, dated June 18, 2008; a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA in the original principal amount of $60,000.00, dated June 18, 2008; and a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $1,506,895.49, dated June 18, 2008, all secured by a Deed to Secure Debt from BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, dated September 7, 2007, recorded in Deed Book 333, pages 287-293, Banks County, Georgia Deed Records, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in May, 2010, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
TRACT I:
All that tract or parcel of land lying and being in the 265th District of Banks County, Georgia, G.M. containing 137.81 acres, more or less, according to plat of survey prepared by Tyson and Associates, dated July 16, 1987, and being more fully described as follows: BEGINNING at a point in the centerline of the Hudson River on the most westerly portion of the tract herein described and conveyed, common to lands of Dunlop; thence along the centerline of the Hudson River the following courses and distances: North 27°03’ West 61.4 feet, North 61°01’ East 221 feet; North 18°54’ East 65.0 feet, North 28°29’ West 209.2 feet, North 17°48’ West 247.5 feet to a corner at the intersection of the Hudson River with Camp Creek; thence in a northeasterly direction along the centerline of Camp Creek 620 feet, more or less to a point; thence leaving the creek and running North 66°00’ East 258.5 feet to an iron pin corner at a Spanish oak; thence South 87°06’ East 2368.8 feet to an iron pin corner at Black Gum stump; thence South 68°22’ East 1164.1 feet to concrete monument corner; thence South 49°18’ West 1216.9 feet to rock corner; thence 58°02’ West 986.3 feet to an iron pin corner and Spanish oak stump; thence South 76°20’ West 562.7 feet to concrete monument corner; thence South 77°10’ West 426.5 feet to an iron pin corner at hickory stump; thence South 62°20’ West 99.0 feet to an iron pin corner; thence North 02°41’ West 259.3 feet to an iron pin corner at a 15-inch hickory; thence South 81°00’ West 891.0 feet to an iron pin corner; thence North 13°12’ West 809.5 feet to a corner; thence North 65°09’ West 287.0 feet to the centerline of the Hudson River, the point of beginning.
Excepted and excluded from this conveyance is an easement for right of way executed by William L. Cooley and Mary Ann Cooley to Georgia Power Company, dated May 13, 1993, and recorded June 1, 1993 in Deed Book 80, page 40, Banks County records.
TRACT II:
All that tract or parcel of land lying and being in the 1580th District G.M., Banks County, Georgia, containing 47.1 acres, more or less, and described as follows:
BEGINNING at white oak corner with land of Mrs. L. B. White and John F. Chambers; thence North 67° East 730 feet to white oak corner; thence North 54°10’ West 504 feet to white oak corner; thence North 55°30’ East 367 feet to stone corner; thence North 56° East 735 feet along a wire fence to stone corner; thence South 71°15’ East 193 feet to corner; thence South 59° East 260 feet to corner; thence South 47° East 272 feet to corner; thence South 56°15’ East 208 feet to corner; thence South 63°30’ East 578 feet to stone corner; thence South 72°45’ West 265 feet to corner; thence South 69° West 209 feet and Inez Moss; thence South 97°15’ East 597 feet to iron pin corner on the Line Church to Cornelia public road, the POINT OF BEGINNING and being the land conveyed to Omer J. Anderson as shown in Deed Book N-N at Page 372-B, said Deed Records.
TRACT III:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, being shown and designated as Tract 4, containing 49.44 acres, as per plat thereof recorded in Plat Book F, Page 44, Banks County, Georgia records, which plat is incorporated herein and made a part hereof by reference for a more detailed description.
This sale will be held 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 indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is AgGeorgia Farm Credit, ACA, P. O. Box 1820, Perry, Georgia 31069. 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 of the undersigned’s knowledge and belief the property is in the possession of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman, and said property will be sold as the property of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman . The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
This law firm is acting as a debt collector attempting to collect a debt and all information obtained shall be used for that purpose.
AgGEORGIA FARM CREDIT, ACA
As attorney in fact for BOLEMAN PROPERTIES, LLC,
TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(AP7,14,21,28B/886-120)

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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 LYNN POOLE and RANDY L. POOLE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 16, 2005, in the amount of $218,450.00, and recorded in Deed Book 262, Page 742, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, 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 May, 2010, 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:
The following described parcel of land and improvements and appurtenances there to in County of Banks, State of Georgia to wit: All that tract or parcel of land lying and being in Banks County, Georgia, Poplar Springs Grove River Districts, GM Containing 40 Acres, more or less, and being located about 3 1/2 Miles Northeast Mrs. Mo Dunbar to SS Davis by Deed Dated April 23, 1938, and recorded in Clerks Office Banks County Georgia in DB 2 PG 256, and bounded now or formerly as follows: on the North by Parson formerly Crumely, East by Old Gillsville Homer Road, West by Wells and on the South by lands of Whitlock Formerly Garey Griffin and being the same land conveyed by TB Davis to Lamatine Parson by Deed Dated June 11, 1956, and recorded in DB HH PG III, and conveyed by Russell Jackson to said TB Davis Note:
This is the same property as that described in that certain Warranty Deed from Lamatine Parson to Jewell Poole and Mrs. Janie Poole dated November 25, 1957 and being recorded in the public records of Banks County, Georgia, in DB HH PG 602
which has the property address of 275 Hickory Flats Drive, Gillsville, 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 Lynn Poole and Randy L. Poole 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.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Lynn Poole and Randy L. Poole
Anthony DeMarlo, Attorney/canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-25312 /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.
(AP7,14,21,28B/1325-60)

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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 KELLY DAVIS-FEARS a.k.a KELLY L. DAVIS-FEARS and GREGORY FEARS a.k.a GREGORY K. FEARS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 18, 2008, recorded in Deed Book 324, Page 857, Banks County, Georgia Records, as last transferred to Central Mortgage Company by assignment recorded in Deed Book 345, Page 723, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY-FIVE THOUSAND AND 0/100 DOLLARS ($335,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in May, 2010, 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: Central Mortgage Company, 801 John Barrow Road, Suite 1, Little Rock, AR 72205, 501-716-4624. 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 Kelly Davis-Fears a.k.a Kelly L. Davis-Fears or a tenant or tenants and said property is more commonly known as 40 Homer St., 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.
Central Mortgage Company as Attorney in Fact for Kelly Davis-Fears a.k.a Kelly L. Davis-Fears and Gregory Fears a.k.a Gregory K. Fears
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cno 5/4/10
Our file no. 52017309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th G.M.D. of Maysville, Banks County, Georgia, containing 0.53 acres, being more fully shown on a Plat of Survey dated November 1, 1991, prepared by Max Lewallen, Registered Surveyor, for Henry H. Limback and Roxanne L. Yount, recorded in Banks County, Georgia Records in Plat Book 16, Page 188. Said Plat is incorporated herein by reference for a more detailed description of said property. And also: All that tract or parcel of land containing 0.03 acre, more or less, in the 465th GMD of Banks County, Georgia, and bounded now or formerly as follows: North by Tract 1, East by lands of Kenneth McClure; South by lands of Steve and Mary Hart; and West by Homer Street said tract of land being more particularly described according to plat of survey prepared by Max Lewallen, registered Surveyor, on November 1, 1991, for Henry H. Limback and Roxanne Limback, which plat is recorded in Plat Book 27, Page 124 of the Public Records of County, and being shown as Tract No. 2 and is by reference incorporated herein as part of this description. MR/cno 5/4/10 Our file no. 52017309 - FT14
(AP7,14,21,28B/12062-80T1P)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated August 16, 2007, executed by JASON L. BRAWNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. recorded in Deed Book 311, Page 793, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $168,500.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in May, 2010, to-wit: May 4, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 5.000 acres, more or less, designated as Tract No. 2, as more particularly shown on a plat of survey prepared for Kathy Harrison by W.T. Dunahoo and Associates, Registered Surveyor, dated September 10, 2004, recorded in Plat Book E, Page 109, 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.
The aforedescribed real property is also known as 582 East County Line Road, Danielsville, Georgia 30633 according to the present system of numbering houses in Banks County, Georgia.
This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of Jason L. Brawner a/k/a David Lazo and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JASON L. BRAWNER
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1328-60T4P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and its modifications from CRYSTAL M. BRAMLETT and TAMMY BRAMLETT to FIRST PIEDMONT FINANCIAL SERVICES, INC., dated January 27, 2009, and securing and original indebtedness in the amount of $16,100.00, and recorded at Deed Book 335, Pages 614-618, in the Office of the Clerk of Superior Court of Banks County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, during the legal hours of sale on the first Tuesday in May, 2010, the following described property, to wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in the 284th GMD, Banks County, Georgia, containing 3.28 acres, more or less, as shown on a Plat of Survey prepared for Ronald R. Silva by Kenneth Cash, GRLS, dated December 28, 1998, recorded in Plat Book 23, Page 181, Banks County Records, said plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney’s fees. This property will be sold as the property of Bramlett, subject to any taxes, easements and assessments appearing of record.
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.
To the best of the undersigned’s knowledge, the property is in the possession of Crystal M. Bramlett and Tammy Bramlett.
First Piedmont Financial Services, Inc., as attorneys in fact for Crystal M. Bramlett and Tammy Bramlett.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.scotttolbert.com
(AP7,14,21,28B/344-40)

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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 VERONICA D. KELLEY and JAMES PATRICK KELLEY, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 24, 2006, recorded in Deed Book 293, Page 781, Banks County, Georgia Records, as last transferred to U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 by assignment recorded in Deed Book 350, Page 33, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SIX THOUSAND EIGHT HUNDRED FIFTY AND 0/100 DOLLARS ($76,850.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in May, 2010, 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: Home Loan Services, Inc., 150 Allegheny Center-ICD PA9-150-02-50, Pittsburgh, PA 15212, 800-622-5035. 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 Veronica D. Kelley and James Patrick Kelley, Sr. or a tenant or tenants and said property is more commonly known as 541 Garland White Rd., Alto, Georgia 30510. 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.
U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 as Attorney in Fact for Veronica D. Kelley and James Patrick Kelley, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/dw0 5/4/10
Our file no. 554510-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia, containing 0.287 acres, more or less, as shown on plat of survey prepared for William W. Purdy, Jr. by Roy A. Terrell, RLS, dated April 5, 1996 and recorded in Plat Book 22, Page 200, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/dw0 5/4/10 Our file no. 554510 - FT1
(AP7,14,21,28B/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 LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006, in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 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 May, 2010, 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 parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown’s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown’s Bridge Road to an iron pin found on the Southern Right of Way of Brown’s Bridge Road; run thence along the Southern Right of Way of Brown’s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530.
which has the property address of 422 Brown Bridge Road, 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 Lorenzo T. Carruth 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 Trustee for Long Beach Mortgage Trust 2006-4 Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /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.
(AP7,14,21,28B/1325-80