Banks County Public Records 08-12-09

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from RANDALL LEE MATHENY to OCEANS FUNDING COMPANY, INC., dated May 6, 2002, recorded June 14, 2002, in Deed Book 194, Page 70, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Two Hundred Seventy-Five Thousand Four Hundred and 00/100 dollars ($275,400.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Beal Service Corporation, 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 September, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, and in GMD 912, and being thereof shown as “Tract I, 13.00 acres” on a plat of survey by Slate Bauknight, GRLS No. 2534, dated April 29, 2002, which plat is recorded in Plat Book D, Page 60, in the Office of the Clerk of the Superior Court of said county. Said plat is incorporated herein and made a part hereof.
Said property is commonly known as 128 Forrester Road, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Randall Lee Matheny, Jennifer R. Matheny Hughes, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BEAL SERVICE CORPORATION as Attorney in Fact for RANDALL LEE MATHENY
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-31235-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(AU5,12,19,26B/18915-60)

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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 WILLIAM M. EDWARDS, JR. to WELLS FARGO HOME MORTGAGE, INC., dated March 13, 2003, recorded in Deed Book 210, Page 515, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA sbm Wells Fargo Home 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 SEVENTY-ONE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($71,100.00), 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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is William M. Edwards, Jr. and Elizabeth S. Edwards or a tenant or tenants and said property is more commonly known as 340 Loggins Road, 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.
Wells Fargo Bank, NA sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards, Jr.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 9/1/09
Our file no. 51858709-FT7
EXHIBIT A
that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10A containing 3.00 acres, more or less, as shown on a Plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989, and recorded in Plat Book 14, Page 129, Banks County Records; said Plat being incorporated herein by reference for a more complete description of the property.
Subject to a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said Plat of survey. Together with a 2003 Horton HS01, 28X60 manufactured home, Serial Number H178845GL&R which is attached to and made a part of the real property.
(AU5,12,19,26B/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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), 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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. 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 Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 28, Baldwin, Georgia 30511.
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.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239, Pages 128-132.
(AU5,12,19,26B/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 KELLY DAVIS-FEARS a.k.a KELLY L. DAVIS-FEARS and GREGORY FEARS a.k.a GREGORY K. FEARS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 18, 2008, recorded in Deed Book 324, Page 857, Banks County, Georgia Records, as last transferred to Federal Home Loan Mortgage Corporation 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 THREE HUNDRED THIRTY-FIVE THOUSAND AND 0/100 DOLLARS ($335,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Central Mortgage Company, 801 John Barrow Road, Suite 1, Little Rock, AR 72205, 501-716-4624. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Kelly Davis-Fears a.k.a Kelly L. Davis-Fears and Gregory Fears a.k.a Gregory K. Fears or a tenant or tenants and said property is more commonly known as 40 Homer St, Maysville, Georgia 30558.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Federal Home Loan Mortgage Corporation as Attorney in Fact for Kelly Davis-Fears a.k.a Kelly L. Davis-Fears and Gregory Fears a.k.a Gregory K. Fears
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 9/1/09
Our file no. 52017309-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 465th G.M.D. of Maysville, Banks County, Georgia, containing 0.53 acres, being more fully shown on a Plat of Survey dated November 1, 1991, prepared by Max Lewallen, Registered Surveyor, for Henry H. Limback and Roxanne L. Yount, recorded in Banks County, Georgia Records in Plat Book 16, Page 188. Said Plat is incorporated herein by reference for a more detailed description of said property.
And also: All that tract or parcel of land containing 0.03 acre, more or less, in the 465th GMD of Banks County, Georgia, and bounded now or formerly as follows: North by Tract 1, East by lands of Kenneth McClure; South by lands of Steve and Mary Hart; and West by Homer Street said tract of land being more particularly described according to plat of survey prepared by Max Lewallen, registered Surveyor, on November 1, 1991, for Henry H. Limback and Roxanne Limback, which plat is recorded in Plat Book 27, Page 124 of the Public Records of County, and being shown as Tract No. 2 and is by reference incorporated herein as part of this description.
(AU5,12,19,26B/12062-80T1P)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by NICKOLAS ANDREW HUNTER by EMILY M. HUNTER as Guardian to PRIMARY CAPITAL ADVISORS, dated November 15, 2001, and recorded in Deed Book 182, Page 352, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association, by Assignment securing a Note in the original principal amount of $172,000.00, the holder thereof pursuant to said Deed and 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, September 1, 2009, during the legal hours of sale, before the Courthouse door in said 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 situate, lying and being in the 207th G.M.D. of Banks County, Georgia, containing 3.00 acres, as shown on a plat entitled “Survey for Judy Hunter”, dated November 11, 1999, by Max Lewallen, Registered Land Surveyor No. 2067, said plat being incorporated herein by reference and being more particularly described as follows: Begin at a point situated on the Eastern right of way of Chambers Road (60 foot R/W), said point being North 56° 59’ West 1112.2 feet from the intersection of the centerline of Chambers Road and Lord Road (County Dirt Road No. 91); run thence along said Eastern right of way of Chambers Road North 39° 11’ 10” West 79.43 feet to a point; continue on thence along said right of way North 37° 10’ 30” West 65.22 feet to a point; continue thence along said right of way North 31° 23’ 50” West 46.93 feet to a point; continue thence along said right of way North 24° 17’ 55” West 44.01 feet to an iron pin; thence leaving said right of way, run North 74° 25’ 35” East 600.82 feet to an iron pin run thence South 25° 17’ 20” East 225.30 feet to an iron pin at the Northern property line of property owned now or formerly by William and Betty Toney; run thence along said property line South 74° 25’ 35” West 563.54 feet to a point of beginning.
Said property is known as 631 Chambers Road, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
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.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Nickolas Andrew Hunter by Emily M. Hunter as Guardian, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Nickolas Andrew Hunter by Emily M. Hunter (Guardian), and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
JPMorgan Chase Bank, National Association Successor in interest from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank as Attorney-in-Fact for Nickolas Andrew Hunter by Emily M. Hunter as Guardian
File no. 09-016684
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100_Atlanta, GA 30341-3941
(770)220-2535/CW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU5,12,19,26B/1323-80T1P)

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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 (hereinafter known as the (Security Deed() from GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998, and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
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 and failure to pay taxes. 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.
Said property will be sold as the property of Glenn R. David 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 Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
__ As Attorney-in-fact for: Glenn R. David
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
(AU5,12,19,26P4)

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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 (hereinafter known as the “Security Deed”) from STEVEN W. EVANS to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated February 8, 2007 and recorded on February 15, 2007, in Deed Book 299, Pages 432-434, records of Banks County, Georgia. This Security Deed secures a Note dated June 9, 2008 in the original principal amount of $53,465.51, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of lad, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia, designated as Tract No. 2, containing 1.142 acres, more or less, as shown by plat and survey for Bobby Caudell, prepared by Ingram, Lord & Associates, certified by Barry D. Lord, GRLS, dated January 6, 1999, as recorded in Plat Book C, Page 2, 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.
Being known as 517 Mt. Bethel Road, Commerce, 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.
Said property will be sold as the property of Alvin Gary 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 Steven W. Evans
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Steven W. Evans
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
(AU5,12,19,26P4)

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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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), 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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. 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 Carolyn P. McNeish or a tenant or tenants and said property is more commonly known as Lot 27, Baldwin, Georgia 30511.
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.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. McNeish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239 Pages 128-132.
(AU5,12,19,26B/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 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 Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 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.
Mortgage Electronic Registration Systems, 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.
(AU5,12,19,26B/1325-60)

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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
On October 10, 2000, JAMES E. BROOKS and CARLA A. BROOKS executed a Deed to Secure Debt to FIRST BANK AND TRUST, n/k/a FIRST CITIZENS BANK AND TRUST COMPANY, INC. securing a note of even date for TWO HUNDRED SIXTY ONE THOUSAND AND NO/100 DOLLARS ($261,000.00), said security deed being recorded in Deed Book 163, Pages 341-343, Banks County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to First Bank and Trust, n//k/a First Citizens Bank and Trust Company Inc., there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Banks County Courthouse door in Banks County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in September, the same being September 1, 2009, the following described property:
All that tract or parcel of land lying and being partially in the City of Homer, 265th and 208th District, G.M., Banks County, Georgia and being that 35.00 acres, more or less, designated as Tract No. 1, as more particularly shown on a plat of survey prepared for James E. Brooks & Carla A. Brooks by G. Brian Slate, Registered Surveyor, dated May 10, 2000, recorded in Plat Book 25, Page 58, 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.
Subject to all zoning ordinances, easements and rights of ways for public roads and utilities and any restrictions of record affecting said described property.
REFERENCE: Resolution for Tommy Watkins Construction Company, Inc. recorded at Deed Book 74, Page 420, Banks County, Georgia Records.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of James E. Brooks and Carla A. Brooks and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by James E. Brooks and Carla A. Brooks.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtors is Sharon Hutto with First Citizens Bank and Trust Company, Inc., Ms. Hutto’s mailing address is P. O. Box 29, Columbia, South Carolina 29202 and her phone number is (866) 953-3626.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to First Bank and Trust n/k/a First Citizens Bank and Trust Company, Inc.
Dated this 31st day of July, 2009.
First Citizens Bank and Trust Company, Inc., Attorney-in-fact for James E. Brooks and Carla A. Brooks
Jenny E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for First Citizens Bank and Trust Company, Inc.
(AU5,12,19,26P4)

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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 JOSEPH DANIEL IRVIN and TONI C. IRVIN to STEPHENS FEDERAL BANK dated March 22, 2005, in the amount of $173,000.00, and recorded in Deed Book 255, Page 832, Banks County, Georgia Records, as last transferred to Stephens Federal Bank by assignment, the undersigned, Stephens Federal 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 September, 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 1206th G.M.D. of Banks County, Georgia and containing 5.00 acres, more or less, as shown on Plat of Survey prepared for Joseph Daniel Ivrin by Max Lewallen, R.L.S., dated March 31, 2004 and revised March 21, 2005 and recorded among Banks County, Georgia Records in Plat Book 29, Page 88, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 1603 Highway 63, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Joseph Daniel Irvin and Toni C. Irvin 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.
Stephens Federal Bank Attorney in Fact for Joseph Daniel Irvin and Toni C. Irvin
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-17603 /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.
(AU5,12,19,26B/1325-50)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) 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 September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
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 JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(AU5,12,19,26B/16022-50T1P)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
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 JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(AU5,12,19,26B/16022-50T1P)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of One Hundred Three Thousand Eight Hundred Sixty Three and 28/100 ($103,863.28) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU5,12,19,26B/16022-60T1P)

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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 (hereinafter known as the (Security Deed() from Timothy Mark Brooks to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 11, 2008 and recorded on September 17, 2008, in Deed Book 331, Pages 111-113, as well as UCC Financing Statement in favor of the Bank as recorded in Deed Book 331, Pages 114-115 and filed as Seq. No. 006-08-246, records of Banks County, Georgia. This Security Deed secures a Note dated September 11, 2008 in the original principal amount of $155,301.50, 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 September, 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 1.00 acres, more or less, designated as Lot 5, on a plat of survey entitled “Old Waverly Plantation, Phase One”, prepared by Patton-Boyer, Inc., Registered Surveyor, dated April 20, 2007, recorded in Plat Book G, Page 6, 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.
Together with all building materials, equipment, and fixtures as purchased for use on the property located at Lot 5, Old Waverly Plantation, Banks Co., GA; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by 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 Timothy Mark Brooks 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 Timothy Mark Brooks.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Timothy Mark Brooks
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
(AU5,12,19,26P4)

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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 (hereinafter known as the (Security Deed() from BOBBY J. CAUDELL to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 20, 2006 and recorded on August 17, 2006, in Deed Book 287, Pages 189-191, records of Banks County, Georgia. This Security Deed secures two Notes each dated May 1, 2008, the first in the original principal amount of $1,999,128.00, and the second in the original principal amount of $100,500.00, 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 September, 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 208th District, G.M., Banks County, Georgia, and being that 126.823 acres, more or less, as more particularly shown on a plat of survey prepared for Bobby J. Caudell by Carroll Surveying, LLC, Registered Surveyor, dated December 29, 2005, recorded in Plat Book F, Page 92, 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.
LESS AND EXCEPT THE FOLLOWING:
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 3.669 acres, more or less, as more particularly shown on a plat of survey prepared for Clyde Breedlove and Loretta Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 79, 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.
AND
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.665 acres, more or less, as more particularly shown on a plat of survey prepared for Jon Breedlove and Rene Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 80, 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.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.05 acres, more or less, designated as Lot 29, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.37 acres, more or less, designated as Lot 2, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.27 acres, more or less, designated as Lot 31, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 56, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.01 acres, more or less, designated as Lot 4, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.53 acres, more or less, designated as Lot 27; and that 1.21 acres, more or les, designated as Lot 30; on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 565 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
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 Bobby J. Caudell 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 Bobby J. Caudell.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By:_________ As Attorney-in-fact for: Bobby J. Caudell
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
(AU5,12,19,26P4)

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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 (hereinafter known as the (Security Deed() from KST CUSTOM HOMES, LLC to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated October 20, 2006 and recorded on October 24, 2006, in Deed Book 291, Pages 248-250, records of Banks County, Georgia. This Security Deed secures a Note dated January 16, 2009 in the original principal amount of $487,013.28, 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 September, 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 1210th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 27 on a plat of survey prepared for Hammer’s Glen “The Reserve” Subdivision by Lovell, Duvall, Miller & Associates, Inc., Registered Surveyor, 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 and incorporated herein and made a part hereof by reference for a more detailed description.
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.
Said property will be sold as the property of KST Custom Homes, LLC 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 KST Custom Homes, LLC.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for:
KST Custom Homes, LLC
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
(AU5,12,19,26P4)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and Security Agreement from RICHEY HOMES, LLC to QUANTUM NATIONAL BANK, dated August 1, 2008, and filed August 19, 2008, in Deed Book 330, beginning at Page 8, in the Records of the Clerk of Superior Court, Banks County, Georgia; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the First Tuesday in September, 2009, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD 912 of Banks County, Georgia, being Lot 93, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
The aforesaid Deed secures any other or future indebtedness of the Grantor therein specified, including any renewal thereof.
The indebtedness secured by said Deed has been declared due and payable by reason of default under the provisions of said Deed and the terms of the note or notes secured thereby, and sale will be made for the purpose of applying the proceeds thereof toward expenses of sale, including attorneys’ fees, payment of the indebtedness and interest thereon, and any balance remaining shall be applied as provided by law.
The property will be sold as the property of Richey Homes, LLC, who to the best of the undersigned’s knowledge and belief, is the party in possession of the property.
Notice has been given of intention to enforce provisions for collection of attorneys’ fees and expenses of foreclosure in accordance with legal requirements and the terms of the above note and Deed.
The property will be sold subject to any and all unpaid taxes, assessments, general subdivision restrictions, and other restrictions and easements of record, if any.
QUANTUM NATIONAL BANK Attorney in Fact for Richey Homes, LLC
Brian Edwards
WEBB, TANNER, POWELL, MERTZ & WILSON, LLP
Attorney at Law
P. O. Box 1390
Lawrenceville, GA 30046-1390
(770) 963-3423
(AU5,12,19,26B/329-40P1)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Construction Deed to Secure Debt and Security Agreement from T. BOLEMAN COMPANY, LLC to QUANTUM NATIONAL BANK, dated May 21, 2008, and filed May 27, 2008, in Deed Book 326, beginning at Page 223, in the Records of the Clerk of Superior Court, Banks County, Georgia; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours