Public Notices

Banks County Public Records 01-27-10

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in Public Notices

Friday, January 29. 2010

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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 JIMMY LAVERNE BEASLEY and JUDY BEASLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 23, 2008, recorded in Deed Book 322, Page 1, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 347, Page 290, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-SEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($187,400.00), 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 February, 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: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 Jimmy Laverne Beasley and Judy Beasley or a tenant or tenants and said property is more commonly known as 143 Buckeye Point, 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.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Jimmy Laverne Beasley and Judy Beasley
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/abw 2/2/10
Our file no. 52883609-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M. Banks County, Georgia, and being that 2.420 acres, more or less, designated as Lot 16, Block A, Phase 2 of Buckeye Trails Subdivision, as more particularly shown on a plat of survey entitled, “Final Plat for Phase 2 of Buckeye Trails Subdivision,” prepared by James R. Smith, Registered Surveyor, dated October 29, 2001, recorded at Plat Book 26, page 116, 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.
(JA6,13,20,27B/12062-70T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GEORGE V. REEVES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 31, 2007, recorded in Deed Book 307, Page 27, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP 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 SEVENTY-EIGHT THOUSAND EIGHT HUNDRED SIXTY-TWO AND 0/100 DOLLARS ($78,862.00), 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 February, 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: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 George V. Reeves or a tenant or tenants and said property is more commonly known as 3377 Ga. Hwy. 63, Carnesville, Georgia 30521.
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.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for George V. Reeves
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wxc 2/2/10
Our file no. 53639709-FT11
EXHIBIT “A”
All that tract or parcel of land, together with improvements thereon, lying and being in the Wilmots 1206th District G.M., Banks County, Georgia containing approximately 1.06 acres, more or less, located on the westerly side of the right-of-way of GA Hwy. 63 adjoining the lands now or formerly owned by Max Lewallan, and being more particularly described as follows: Beginning at an iron pin corner on the Westerly right of way of GA Hwy 63 at the northeastern corner of the subject property, said corner adjoining lands now or formerly owned by Lewallan, thence running north 57 degrees 10 minutes 00 seconds west, 218.49 feet to an iron corner; thence running south 26 degrees 52 minutes 10 seconds west, 209.71 feet to an iron pin; thence south 57 degrees 9 minutes 5 seconds east to the westerly right of way of GA Hwy 63; thence running along the right of way of GA Hwy. 63 an arc distance of 209.96 feet and a chord being north 26 degrees 31 minutes 35 seconds west to said of beginning and being more clearly shown and delineated on a plat of survey for “Alfred Poole” prepared by Max Lewallan, Georgia Registered Land Surveyor, dated June 28, 2001, the description as contained therein being incorporated herein as reference.
(JA6,13,20,27B/12062-80T1P)

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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 TIMOTHY EERENBERG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for SUNTRUST MORTGAGE, INC., dated April 6, 2005, recorded in Deed Book 256, Page 609, 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 ONE HUNDRED TWENTY-SIX THOUSAND NINE HUNDRED EIGHT AND 0/100 DOLLARS ($126,908.00), 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 February, 2010, the following described property:
All that tract or parcel of land lying and being Tract I in the Township of Lula (formerly Belton), Poplar Springs MIlitia District, Banks County, Georgia, and comprising 0.58 acres as shown on a plat of survey for Brenda Stephens by Patton-Patton, Inc., Registered Land Surveyors, dated August 12, 1998, recorded on Plat Slide 23, Page 79, Banks County, Georgia Plat records. Reference to said plat and the record thereof is hereby made for a more complete description of said property. 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). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy Eerenberg or a tenant or tenants and said property is more commonly known as 270 Railroad Avenue, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. SunTrust Mortgage, Inc as Attorney in Fact for Timothy Eerenberg Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/jpk 2/2/10 Our file no. 1895009-FT3
(JA6,13,20,27B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DAVID AMERSON and BRENDA AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), 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 February, 2010, the following described property: All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia.
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). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is David Amerson and Brenda Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd., Homer, Georgia 30547-2217. 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 ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David Amerson and Brenda Amerson Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/dw0 2/2/10 Our file no. 1892809-FT1
(JA6,13,20,27B/12062-70T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by BILLY KEITH NIX and DIANNE NIX to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 13, 2007, recorded in Deed Book 307, Page 713, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-ONE THOUSAND NINE HUNDRED FIFTY AND 0/100 DOLLARS ($131,950.00), 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 February, 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: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 Keith Nix and Dianne Nix or a tenant or tenants and said property is more commonly known as 2097 Westbrook Rd, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney in Fact for Billy Keith Nix and Dianne Nix McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/abw 2/2/10 Our file no. 53679109-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1206 District, G.M., Banks County, Georgia, consisting of Tract 1, containing 1.00 acre, more or less, and Tract 2 containing 5.00 acres, more or less, as shown by a plat of survey entitled “Survey for Billy Keith Nix” prepared by Max Lewallen, Registered Land Surveyor, dated August 22, 1995, recorded in Plat Book 21, Page 35, in the Office of the Clerk of the Superior Court of Banks County, Georgia. The above referred to plat is expressly by reference made a part of this deed. Subject to existing easements and rights of ways. MR/abw 2/2/10 Our file no. 53679109 - FT11
(JA6,13,20,27B/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 JEFFREY SCOTT GERRIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 7, 2007, in the amount of $294,000.00, and recorded in Deed Book 317, Page 331, 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 February, 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, together with the improvements thereon, lying and being in the 284th GMD, Banks County, Georgia, designated as Tract 1, containing 5.18 acres, more or less, as shown on plat of survey prepared for Jack Irvin and Melvin Coley by Bartlett & Cash Land Surveyors, Inc., dated August 14, 2003, mapped September 4, 2003, revised March 15, 2005, recorded in the office of the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 29, Page 82, to which said plat and the record thereof reference is hereby made for a more complete description.
This being the same property conveyed by Warranty Deed from Barney Gerrin and Mary Joan Gerrin to Jeffrey Scott Gerrin, dated January 24, 2007, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 299, Page 309.
which has the property address of 477 Daily Road, Alto, 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 Jeffrey Scott Gerrin 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 Jeffrey Scott Gerrin
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-28088 /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.
(JA6,13,20,27B/1325-60)

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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 a Security Deed given by CHANDLER E. SAMPLES to REG WILBANKS, dated July 24, 2008, recorded in Deed Book 329, Pages 197-199, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIVE THOUSAND DOLLARS ($5,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the door of the Courthouse of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2010, the following described real property:
ALL THAT TRACT or parcel of land containing 2.00 acres, more or less, in the 1210 GMD of Banks County, Georgia, and bounded now or formerly as follows: North by lands of Chan Samples, East by lands of Chan Samples, South by lands formerly of Jack Chambers, and West by lands formerly of Eugene Samples.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyors, on July 22, 2008, for Chandler E. Samples, which plat is recorded in Plat Book 32, Page 36, of the public records of Banks County, and is incorporated herein as part of this description.
The debt 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 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.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Chandler E. Samples or a tenant or tenants.
Reg Wilbanks as Attorney in Fact for Chandler E. Samples
Gary N. Freeman
Attorney at Law
P.O. Box 10
4 Homer Street
Maysville, Georgia 30558
(706) 652-2928
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA6,13,20,27n/c)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks
& Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. THOMAS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 7, 2006, in the amount of $147,613.00, and recorded in Deed Book 292, Page 541, Banks County, Georgia Records, and recorded on December 27, 2006, in Deed Book 46-X, Page 269 , Jackson County, Georgia Records, as last transferred to BAC Home Loans Servicing, L.P. FKA Countrywide Home Loans Servicing, L.P. by assignment; the undersigned, BAC Home Loans Servicing, L.P. FKA Countrywide Home Loans Servicing, L.P. 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 February, 2010, during the legal hours of sale, at the Courthouse door in Banks & Jackson 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 465th District, G.M., Banks County, Georgia, and the 255th District, G.M., Jackson County, Georgia, and being that 2.889 acres, more or less, as more particularly shown on a plat of survey prepared for Abel Hernandez by Slate & Assoc., Inc., Registered Surveyor, dated October 24, 2006, recorded in Plat Book 30, Page 156, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book ____ Page ____, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement designated as Holland Dam Road and being more particularly shown on plat of survey referenced herein above.
Also: Gravel drive easement designated on plat of survey referenced herein above.
which has the property address of 334 Holland Dam Dr., 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 Timothy M. Thomas 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.
BAC Home Loans Servicing, L.P. FKA Countrywide Home Loans Servicing, L.P. Attorney in Fact for Timothy M. Thomas
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21669 /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.
(JA6,13,20,27B/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 AARON A. ABREU to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 25, 2003, in the amount of $93,000.00, and recorded in Deed Book 210, Page 539, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment, the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP 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 February, 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 207th District, G.M. Banks County, Georgia, being that 5.51 acres, more or less, designated as Tract 2 on a Plat of Survey of Glenfield Farms Subdivision, prepared by David Norris Simpson, Registered Surveyor, as per Plat recorded in Plat Book 14, Page 131, in the Office of the Clerk of the Superior Court of Banks County, Georgia, which recorded Plat is hereby incorporated herein by reference and made a part of this description.
which has the property address of 220 Borders 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 Aaron A. Abreu and Sandra E. Abreu 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.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Aaron A. Abreu
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16701 /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.
(JA6,13,20,27B/1323-50)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from CYNTHIA SMITH to COMMUNITY BANK & TRUST, dated June 13, 2002, which Deed is recorded among Banks County, Georgia Records in Deed Book 194, Page 216, said Security Deed being given to secure a Note dated October 30, 2008, in the original principal amount of NINETY TWO THOUSAND SEVEN HUNDRED ELEVEN AND 62/100 ($92,711.62) 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 February, 2010, (February 2, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District, Town of Alto, Banks County, Georgia, containing 0.24 acre, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated August 22, 2001 and said plat being recorded among Banks County, Georgia Records in Plat Book 26, Page 181, reference to said plat being made for a more full and complete description.
TOGETHER WITH the mobile home situated thereon.
Said property is known as 525 Wheeler Street, Alto, Georgia, 30510, 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 CYNTHIA SMITH, 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 CYNTHIA SMITH
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.
(JA6,13,20,27B/1326-60P)
[Full Story »]

Banks County Public Records 01-20-10

Posted by

Betty Small

in Public Notices

Friday, January 22. 2010

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 ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORTATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), 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 February, 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: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. 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 Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net MR/cno 2/2/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/cno 2/2/10 Our file no. 53141309 - FT14
(JA6,13,20,27B/12062-70T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JIMMY LAVERNE BEASLEY and JUDY BEASLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 23, 2008, recorded in Deed Book 322, Page 1, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 347, Page 290, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-SEVEN THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($187,400.00), 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 February, 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: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 Jimmy Laverne Beasley and Judy Beasley or a tenant or tenants and said property is more commonly known as 143 Buckeye Point, 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.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Jimmy Laverne Beasley and Judy Beasley
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/abw 2/2/10
Our file no. 52883609-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M. Banks County, Georgia, and being that 2.420 acres, more or less, designated as Lot 16, Block A, Phase 2 of Buckeye Trails Subdivision, as more particularly shown on a plat of survey entitled, “Final Plat for Phase 2 of Buckeye Trails Subdivision,” prepared by James R. Smith, Registered Surveyor, dated October 29, 2001, recorded at Plat Book 26, page 116, 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.
(JA6,13,20,27B/12062-70T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by STEVIE JEFFERY BOISCLAIR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for DELTA FUNDING CORP., dated September 28, 2005, recorded in Deed Book 267, Page 433, Banks County, Georgia, as last transferred to HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED NOTEHOLDERS OF RENAISSANCE HOME EQUITY LOAN TRUST 2005-4, RENAISSANCE HOME EQUITY LOAN ASSET-BACKED NOTES, SERIES 2005-4 by assignment to be recorded __, Banks County, Georgia Records conveying the after-described property to secure a Note in the original principal amount of EIGHTY THOUSAND AND NO/100 DOLLARS ($80,000.00); 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 February 2010 the following described property:
All that tract or parcel of land together with all improvements thereon, lying and being in the 1210th GMD of Banks County, Georgia, and being designated as Tract 1, Containing 1.19 acres, more or less, and Tract 2, containing 0.81 acres, more or less, as more particularly shown on a plat of survey prepared by Max Lewallen, RLS, dated September 13, 1999, and recorded among Banks County, Georgia Records, in Plat Book 24, Page 124, said plat being incorporated herein by reference for a more full and complete description.
There being situate upon said property a dwelling known as 494 Caudell Road, according to the present system of numbering residences in Banks County, Georgia.
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: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. 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 Stevie Jeffery Boisclair or a tenant or tenants and said property is more commonly known as 494 Caudell Road, Homer, GA 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED NOTEHOLDERS OF RENAISSANCE HOME EQUITY Loan Trust 2005-4, Renaissance Home Equity Loan Asset-Backed Notes, Series 2005-4 as Attorney in Fact for Stevie Jeffery Boisclair
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
/MK 12/23/2009
Our File# 015151-002504
(JA6,13,20,27P4)

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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 GEORGE V. REEVES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 31, 2007, recorded in Deed Book 307, Page 27, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP 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 SEVENTY-EIGHT THOUSAND EIGHT HUNDRED SIXTY-TWO AND 0/100 DOLLARS ($78,862.00), 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 February, 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: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 George V. Reeves or a tenant or tenants and said property is more commonly known as 3377 Ga. Hwy. 63, Carnesville, Georgia 30521.
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.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for George V. Reeves
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wxc 2/2/10
Our file no. 53639709-FT11
EXHIBIT “A”
All that tract or parcel of land, together with improvements thereon, lying and being in the Wilmots 1206th District G.M., Banks County, Georgia containing approximately 1.06 acres, more or less, located on the westerly side of the right-of-way of GA Hwy. 63 adjoining the lands now or formerly owned by Max Lewallan, and being more particularly described as follows: Beginning at an iron pin corner on the Westerly right of way of GA Hwy 63 at the northeastern corner of the subject property, said corner adjoining lands now or formerly owned by Lewallan, thence running north 57 degrees 10 minutes 00 seconds west, 218.49 feet to an iron corner; thence running south 26 degrees 52 minutes 10 seconds west, 209.71 feet to an iron pin; thence south 57 degrees 9 minutes 5 seconds east to the westerly right of way of GA Hwy 63; thence running along the right of way of GA Hwy. 63 an arc distance of 209.96 feet and a chord being north 26 degrees 31 minutes 35 seconds west to said of beginning and being more clearly shown and delineated on a plat of survey for “Alfred Poole” prepared by Max Lewallan, Georgia Registered Land Surveyor, dated June 28, 2001, the description as contained therein being incorporated herein as reference.
(JA6,13,20,27B/12062-80T1P)

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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 TIMOTHY EERENBERG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for SUNTRUST MORTGAGE, INC., dated April 6, 2005, recorded in Deed Book 256, Page 609, 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 ONE HUNDRED TWENTY-SIX THOUSAND NINE HUNDRED EIGHT AND 0/100 DOLLARS ($126,908.00), 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 February, 2010, the following described property:
All that tract or parcel of land lying and being Tract I in the Township of Lula (formerly Belton), Poplar Springs MIlitia District, Banks County, Georgia, and comprising 0.58 acres as shown on a plat of survey for Brenda Stephens by Patton-Patton, Inc., Registered Land Surveyors, dated August 12, 1998, recorded on Plat Slide 23, Page 79, Banks County, Georgia Plat records. Reference to said plat and the record thereof is hereby made for a more complete description of said property. 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). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy Eerenberg or a tenant or tenants and said property is more commonly known as 270 Railroad Avenue, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. SunTrust Mortgage, Inc as Attorney in Fact for Timothy Eerenberg Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/jpk 2/2/10 Our file no. 1895009-FT3
(JA6,13,20,27B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DAVID AMERSON and BRENDA AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), 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 February, 2010, the following described property: All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia.
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). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is David Amerson and Homer Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd., Homer, Georgia 30547-2217. 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 ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David Amerson and Brenda Amerson Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/dw0 2/2/10 Our file no. 1892809-FT1
(JA6,13,20,27B/12062-70T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by BILLY KEITH NIX and DIANNE NIX to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 13, 2007, recorded in Deed Book 307, Page 713, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-ONE THOUSAND NINE HUNDRED FIFTY AND 0/100 DOLLARS ($131,950.00), 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 February, 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: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 Keith Nix and Dianne Nix or a tenant or tenants and said property is more commonly known as 2097 Westbrook Rd, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney in Fact for Billy Keith Nix and Dianne Nix McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/abw 2/2/10 Our file no. 53679109-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1206 District, G.M., Banks County, Georgia, consisting of Tract 1, containing 1.00 acre, more or less, and Tract 2 containing 5.00 acres, more or less, as shown by a plat of survey entitled “Survey for Billy Keith Nix” prepared by Max Lewallen, Registered Land Surveyor, dated August 22, 1995, recorded in Plat Book 21, Page 35, in the Office of the Clerk of the Superior Court of Banks County, Georgia. The above referred to plat is expressly by reference made a part of this deed. Subject to existing easements and rights of ways. MR/abw 2/2/10 Our file no. 53679109 - FT11
(JA6,13,20,27B/12062-70T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RANDALL B. STEWART and JANICE B. STEWART to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 28, 2006, recorded in Deed Book 280, Page 683, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY-THREE THOUSAND FIVE HUNDRED EIGHT AND 0/100 DOLLARS ($173,508.00), 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 February, 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: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Randall B. Stewart and Janice B. Stewart or a tenant or tenants and said property is more commonly known as 308 Gardiner Road, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, N.A. as Attorney in Fact for Randall B. Stewart and Janice B. Stewart McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ms0 2/2/10 Our file no. 53403809-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in 265th GMD of Banks County, Georgia, and being specifically Lot 4A containing 2.59 acres, more or less, as shown and depicted on that certain Plat of Survey dated July 7, 2001, prepared for Steve Parks and Greg Gardiner by Max Lewailen, Registered Land Surveyor, which plat of survey is recorded in Plat Book 30, Page 20 in the Office of the Banks County, Georgia Clerk of Superior Court; said plat of survey is hereby incorporated herein by reference for a more complete and accurate description of the property conveyed. Together with an immovable and permanent fixture attached thereto, a 2006 Palm Harbor 32 X 68 Manufactured Modular Home, Model 68E8, Serial Number(s) PH1413741AB. Map and Parcel No. B29-037 MR/ms0 2/2/10
Our file no. 53403809 - FT5
(JA6,13,20,27B/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 JEFFREY SCOTT GERRIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 7, 2007, in the amount of $294,000.00, and recorded in Deed Book 317, Page 331, 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 February, 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, together with the improvements thereon, lying and being in the 284th GMD, Banks County, Georgia, designated as Tract 1, containing 5.18 acres, more or less, as shown on plat of survey prepared for Jack Irvin and Melvin Coley by Bartlett & Cash Land Surveyors, Inc., dated August 14, 2003, mapped September 4, 2003, revised March 15, 2005, recorded in the office of the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 29, Page 82, to which said plat and the record thereof reference is hereby made for a more complete description.
This being the same property conveyed by Warranty Deed from Barney Gerrin and Mary Joan Gerrin to Jeffrey Scott Gerrin, dated January 24, 2007, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 299, Page 309.
which has the property address of 477 Daily Road, Alto, 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 Jeffrey Scott Gerrin 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 Jeffrey Scott Gerrin
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-28088 /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.
(JA6,13,20,27B/1325-60)

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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 a Security Deed given by CHANDLER E. SAMPLES to REG WILBANKS, dated July 24, 2008, recorded in Deed Book 329, Pages 197-199, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIVE THOUSAND DOLLARS ($5,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the door of the Courthouse of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2010, the following described real property:
ALL THAT TRACT or parcel of land containing 2.00 acres, more or less, in the 1210 GMD of Banks County, Georgia, and bounded now or formerly as follows: North by lands of Chan Samples, East by lands of Chan Samples, South by lands formerly of Jack Chambers, and West by lands formerly of Eugene Samples.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyors, on July 22, 2008, for Chandler E. Samples, which plat is recorded in Plat Book 32, Page 36, of the public records of Banks County, and is incorporated herein as part of this description.
The debt 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 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.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Chandler E. Samples or a tenant or tenants.
Reg Wilbanks as Attorney in Fact for Chandler E. Samples
Gary N. Freeman
Attorney at Law
P.O. Box 10
4 Homer Street
Maysville, Georgia 30558
(706) 652-2928
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JA6,13,20,27n/c)
[Full Story »]

Banks County Public Records 01-13-10

Posted by

Betty Small

in Public Notices

Friday, January 15. 2010

Posted by

Betty Small

in Public Notices

Wednesday, November 18. 2009

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 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 Security Deed (hereinafter known as the (Security Deed) from GREG SHORE and JACKIE SHORE to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated October 20, 2005 and recorded on October 28, 2005, in Deed Book 269, Pages 109-113, Banks County, Georgia records. This Security Deed secures a Note dated April 21, 2008 in the original principal amount of $106,658.68, 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 207th District, G.M., Banks County, Georgia, and being that 1.22 acres, more or less, as shown on a plat of survey prepared for Greg Shore by G. Brian Slate, Registered Surveyor, dated June 4, 1996, recorded at Plat Book 21, Page 34, 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 Northwest, Northeast and Southeast by lands of Lord; and on the Southwest by lands of Shore.
ALSO INCLUDED: A 20 foot easement for ingress and egress beginning on the eastern right-of-way of the Old Commerce-Danielsville Road and traveling in a Northeasterly direction to the Southwestern boundary of the above-described property as more clearly shown on plat of survey referenced herein above.
Being known as 1011 Blacks Creek Church Road, Commerce, Banks County, Georgia, according to the present system of numbering houses in Banks County, Georgia.
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 Greg Shore and Jackie Shore 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 Greg Shore and Jackie Shore
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Greg Shore and Jackie Shore
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
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 of Sale in Deed
to Secure Debt
State of Georgia
Counties of Banks
and Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed) from GREG SHORE to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 6, 2007, and recorded on September 7, 2007, in Deed Book 312, Pages 107-109, Banks County, Georgia records and recorded on September 19, 2007, in Deed Book 50-D, Pages 309-311, Jackson County, Georgia records. This Security Deed secures a Note dated September 6, 2007 in the original principal amount of $215,000.00, plus interest, said Note is further secured as further secured by UCC Financing Statements as recorded in Deed Book 312, Pages 707-708, Banks County, Georgia records and in Deed Book 50D, Pages 789-790, Jackson County, Georgia records and filed under UCC Control No. 07820070929 records of Jackson County, Georgia; 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 207th District, G.M., Banks County, Georgia, and the 255th District, G.M., Jackson County, Georgia, and being that 9.08 acres, more or less, designated as Tract 4, on a plat of survey prepared for the Estate of Gilbert Lord by Clelland A. Tyson, Registered Surveyor, dated February 25, 1981, recorded in Plat Book 8, Page 179, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book 17, Page 210, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and the 255 District, G.M., Jackson County, Georgia, and being that 3.81 acres, more or less, designated as Tract No. 4A; and that 4.24 acres, more or less, designated as Tract No. 4B, on a plat of survey prepared for Gene Shore by Slate & Assoc., Inc., Registered Surveyor, dated February 20, 2004, recorded in Plat Book 28, Page 101, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book 65, Page 169, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a party hereof by reference for a more detailed description.
Along with all building materials, equipment, furniture and fixtures as purchased for use on the property located at 979 Blacks Creek Church Road, Commerce, Banks and Jackson Counties, Georgia 30529, and known as Lord’s Exhaust & Garage; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and account proceeds).
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 Greg Shore 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 Greg Shore.
THIS PROPERTY IS LOCATED IN BANKS COUNTY AND JACKSON COUNTY, THE SALE OF THE PROPERTY PURSUANT TO THIS ADVERTISEMENT SHALL TAKE PLACE BEFORE THE COURTHOUSE DOORS IN BANKS COUNTY, GEORGIA ON THE FIRST TUESDAY IN DECEMBER, 2009.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By:____ As Attorney-in-fact for: Greg Shore
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)

gpn11
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)

gpn11
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)

gpn11
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)
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