Banks County Public Records 03-31-10

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement from BOLEMAN PROPERTIES, LLC (“Grantor”) to HABERSHAM BANK (“Grantee”), dated May 5, 2005, filed and recorded May 18, 2005, in Deed Book 258, Page 711, Banks County, Georgia Records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “First Deed), and that certain Deed to Secure Debt and Security Agreement dated August 10, 2005, filed and recorded August 12, 2005, in Deed Book 263, Page 802, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “Second Deed”), and that certain Deed to Secure Debt and Security Agreement dated March 16, 2007, filed and recorded March 27, 2007, in Deed Book 302, Page 376, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records, as further modified by that Forbearance and Modification Agreement dated March 30, 2009 (as modified, the “Third Deed”) (the First Deed, Second Deed, and Third Deed hereinafter collectively referred to as the “Security Deeds”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated April 25, 2008, from Grantor payable to Grantee in the original principal amount of Three Million Six Hundred Seventy Eight Thousand Three Hundred Sixty Eight and No/100 Dollars ($3,678,368.00), with interest thereon as set forth therein (as modified and renewed, the “Note”), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
TRACT 1
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being known as the home place of the late I.K. Carter, known in the plat of said town of Belton (now known as Lula), as Block No. 31, and fronting West on Hampton Street 200 feet and running back Eastward 200 feet in uniform width and known as Dwelling House Lot.
TRACT 2
All that tract or parcel of land lying and being in G.M.D. 912, Banks County, City of Lula, Georgia, containing 25.634 acres, more or less, as depicted in a certain plat of survey for Vasco and Tracy Barrett by Roy A. Terrell, Registered Land Surveyor, sated February 6, 1974, recorded in Plat Book 7, Page 196, Banks County Deed Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, and being shown on a plat for Bobbie Barrett Moore and Michael Barrett prepared by Jimmy D. Bullock, Georgia Registered Land Surveyor No. 1765, said plat being dated October 15, 2002, and being recorded in Plat Book 27, Page 39, Banks County, Georgia Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, G.M.D. 912, Banks County, Georgia, being 0.538 acres, more or less, as depicted in a plat of survey for William S. and Raven Fitzpatrick, dated May 4, 2005, by GeoImage, LLC, Douglas R. Sherrill RLS No. 2995, which plat is incorporated herein by reference, and being more particularly described as follows:
Begin at a point located on the Easterly right of way of Railroad Avenue at its intersection with the Northerly right of way of Sixth Street (30 foot right of way), and from said point South 68 Degrees 36 Minutes 06 Seconds East a distance of 30.02 feet to a point located on the Northerly right of way of Sixth Street; thence North 21 Degrees 10 Minutes 26 Seconds East a distance of 11.35 feet to a point; thence South 68 Degrees 49 Minutes 34 Seconds East a distance of 27.36 feet to a point; thence on a curve to the right having a Chord bearing of South 45 Degrees 50 Minutes 44 Seconds East, Radius 105.00 feet, Arc 84.23 feet, Chord 81.99 feet; thence South 22 Degrees 51 Minutes 55 Seconds East a distance of 107.11 feet to a point; thence South 21 Degrees 00 Minutes 00 Seconds West a distance of 32.97 feet to a 2” open top pipe found; thence North 70 Degrees 15 Minutes 57 Seconds West a distance of 207.06 feet to a point located on the Easterly right of way of Railroad Avenue; thence North 21 degrees 00 Minutes 00 Seconds East a distance of 135.94 feet to the point of beginning.
TOGETHER WITH:
TRACT 3
All that tract or parcel of land lying and being in G.M.D. 912, City of Lula, Banks County, Georgia, being 36.20 acres, more or less, as per plat of survey for Mrs. Margarette Chambers, dated August 11, 2002, and recorded in Plat Book D, Page 113, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 1-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being situate in GMD 912, City of Lula, Banks County, Georgia, being identified as “City Well Tract” in that certain final subdivision plat for Waterford Glen Subdivision, recorded in Plat Book 39, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein by reference for a more particular description of the property herein conveyed. Also included in this conveyance is that certain 20-foot easement from Waterford Court to said tract as depicted in said plat of survey.
TOGETHER WITH:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to comply with the provisions of the Security Deeds. The debt remaining outstanding, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deeds and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deeds, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property consists of Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120 and common areas, Waterford Glen Subdivision, Banks County, Georgia, and the party in possession of the property is Boleman Properties, LLC, or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Boleman Properties, LLC
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31P4)

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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 FLETCHER TODD SMITH to UNITED COMMUNITY BANK, dated June 29, 2007, recorded July 16, 2007, in Deed Book 309, Page 167, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 28, 2008, recorded in Deed Book 322, Page 77, Banks County, Georgia Records, said Security Deed being given to secure a Note from FLETCHER TODD SMITH dated March 27, 2009, in the original principal amount of TWO HUNDRED EIGHTY FIVE THOUSAND TWO HUNDRED FIFTY AND 00/100 ($285,250.00) 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 April, 2010, the following described property:
All that tract or parcel of land, together with improvements thereon situate, lying and being in GMD 265, Banks County, Georgia, and being all of Tract I, comprising 85.02 acres according to a plat prepared for Ronnie Parson by G. Brian Slate, Registered Surveyor, dated June 19, 1997, recorded in Plat Book B, Page 66, of the Banks County Records, which plat is incorporated herein by reference for a more complete description of subject:
LESS AND EXCEPT the following two parcels of land: 1) all that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 4.82 acres and being all of Tract 3-C according to a plat of survey recorded in Plat Book 10, Page 10, Banks County, Georgia Deed Records, and 2) All that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 0.97 acres and being more particularly described as follows: Begin at a point located at the Northeast corner of the above described 4.82 acres; thence South 77 minutes 33 seconds East 497.7 feet to an iron pin; thence South 84 minutes 04 seconds West 530.2 feet to an iron pin; thence North 16 minutes 57 seconds West 169.90 feet to the point of beginning.
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 FLETCHER TODD SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FLETCHER TODD SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01946
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-70T1P)

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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 KIMBERLY EVANS and DANNY R. EVANS, JR. to UNITED COMMUNITY BANK, dated July 6, 2004, recorded July 7, 2004, in Deed Book 240, Page 516, Banks County, Georgia records, as last modified by Modification of Security Deed dated March 24, 2009, recorded in Deed Book 338, Page 290, Banks County, Georgia Records, said Security Deed being given to secure a Note from KIMBERLY EVANS and DANNY R. EVANS, JR. March 24, 2009 in the original principal amount of SIXTY THOUSAND NINE HUNDRED FOURTEEN AND 33/100 ($60,914.33) 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 April, 2010, the following described property:
All that tract or parcel of land lying and being in the 208th and 465th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Lot 15 on a plat of survey prepared for James Short Subdivision by Allen L. Venable, Jr., Registered Surveyor, dated August 7, 1987 and recorded at Plat Book 13, Page 30, 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 subject to existing easements and rights of way for public roads and utilities now in use.
Included herewith is a 1999 Horton Dynasty Mobile Home VIN No. H800731GLR.
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 KIMBERLY EVANS and DANNY R. EVANS, JR. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for KIMBERLY EVANS and DANNY R. EVANS, JR.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01891
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-60T1P)

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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 ROBIN HAYNES to UNITED COMMUNITY BANK, dated April 2, 2004, recorded April 7, 2004, in Deed Book 234, Page 246, Banks County, Georgia Records, as modified by Modification of Security Deed dated September 10, 2009, recorded in Deed Book 345, Page 356, Banks County, Georgia records, said Security Deed being given to secure a Note from ROBIN HAYNES dated September 10, 2009 in the original principal amount of THREE HUNDRED FORTY THREE THOUSAND THIRTY FIVE AND 00/100 ($343,0353.00) 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 April, 2010, the following described property:
All that tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia, and being known and designated as Tract 4 of High Wycombe Subdivision, Phase One, containing 3.85 acres, more or less, as shown on plat of survey prepared for Lex Burt by Kenyon L. Miller, RLS, dated November 22, 1999, recorded in Plat book 24, Page 149, Banks County, Georgia records, said plat being incorporated herein by reference for a more particular 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 ROBIN HAYNES or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ROBIN HAYNES
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01936
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/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 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 SHANE SORROW to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated July 19, 2006 and recorded on July 19, 2006, in Deed Book 285, Pages 624-626, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2008 in the original principal amount of $38,250.00, 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 April, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 208 G.M.D., Banks County, Georgia, designated as Tract 1 containing 1.000 acre, more or less, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated March 22, 2006, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, at Page 78. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights-of-way for public roads and utilities now in use.
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 attorney’s fees having been given.)
Said property will be sold as the property of Shane Sorrow 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 Shane Sorrow.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Shane Sorrow
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
(MA10,17,24,31P4)

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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 BRUCE E. LEE and PATRICIA LEE to WELLS FARGO HOME MORTGAGE, dated April 23, 2004, recorded in Deed Book 236, Page 16, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND FOUR HUNDRED FORTY-EIGHT AND 0/100 DOLLARS ($84,448.00), 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 April, 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 Bruce E. Lee and Patricia Lee or a tenant or tenants and said property is more commonly known as 1237 Fort Lamar 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.
Midfirst Bank as Attorney in Fact for Bruce E. Lee and Patricia Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 4/6/10
Our file no. 5739410-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being on the western right-of-way of County Road No. 67 in the 207th G.M. District of Banks County, Georgia, containing 5.07 acres according to a plat of survey prepared for “Agnes M. McDuffie & Sandra L. Tauares” by Clelland A. Tyson, Georgia Registered Land Surveyor, dated June 19, 1990, and recorded at Plat Book 15, Page 158, Banks County, Georgia records. Reference is made to said plat of survey for a more complete description of the property. MR/klm 4/6/10 Our file no. 5739410 - FT5
(MA10,17,24,31B/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 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 April, 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/cs3 4/6/10
Our file no. 1895009-FT3
(MA10,17,24,31B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by BILLY NIX and KATIE M. NIX to BENEFICIAL MORTGAGE CO. OF GEORGIA dated January 29, 1999, in the amount of $56,004.45, and recorded in Deed Book 140, Page 94, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia 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 April, 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 1206 (Wilmont) District, G.M. Banks County, Georgia, and partially lying and being in the 1686th G.M. District of Franklin County, Georgia, containing 22.04 acres, more or less, as shown on a plat prepared for Billy C. Nix by Max Lewallen, Surveyor, dated April 20, 1978, which plat is recorded in Plat Book 13, Page 47, Banks County, Georgia, Records. Reference is hereby made to said plat as recorded for a more detailed description of the property herein conveyed. Subject to roadway as shown on the above described plat. Said property is bounded on the North by Lands of Faulkner, on the West by Lands of Patterson, and on the South by Lands of McDaniel and on the East by road. LESS AND EXCEPT: All that tract or parcel of land lying and being in GMD 1206, Banks County, Georgia, as shown and delineated as 2.15 acres, more or less, on plat of survey for James T. Seagraves and Denise N. Seagraves by Max Lewallen dated December 21, 1989 and being more particularly described as follows: Beginning at a point on the center line of County Dirt Road #207, said point being 1489 Feet South, as measured along said center line, from the intersection of said centerline and the Southern R/W of Cedar Ridge Road; thence running South 07 Degrees 02 Minutes West along said centerline, a distance of 20.00 Feet, to a point; thence running North 88 Degrees 28 Minutes West, a distance of 210.0 Feet to an iron pin; thence running South 33 Degrees 56 Minutes West, a distance of 192.6 Feet, to an iron pin; thence running South 76 Degrees 45 Minutes West a distance of 195.6 Feet, to an iron pin; thence running North 02 Degrees 32 Minutes West a distance of 100.0 Feet; to an iron pin; thence running North 15 Degrees 47 Minutes East, a distance of 261.9 Feet, to an iron pin; thence running North 71 Degrees 03 Minutes East, a distance f 261.9 Feet, to an iron pin; thence running South 04 Degrees 25 Minutes West, a distance of 210.3 Feet, to an iron pin; thence running South 86 Degrees 28 Minute East, a distance of 210.0 Feet, to a point on the center line of County Dirt Road #207, the Place or Point of Beginning. LESS AND EXCEPT: All that tract or parcel of land lying an being in Franklin County, Georgia, which was conveyed to David W. Van Winkle by Billy Charles Nix recorded in Book 284, at Page 592 and containing .21 acres, more or less, as shown in Plat Book 18, Page 142, reference is hereby made to said plat for a more detailed description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, containing 1.0 acres, more or less, as shown on Plat of Survey for Billy C. Nix by Max Lewallen RLS, dated July 28 1995 and being recorded among Banks County, Georgia Records in Plat Book 20, Page 30, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in 1206 and 1686 GMD of Banks and Franklin Counties, Georgia, and containing 3.00 acres, more or less, as shown on Plat of Survey prepared by Max Lewallen, RLS, dated June 20, 1985 and recorded among Banks County, Georgia Records in Plat Book 20, Page 4, reference to said plat is being made for a more full and complete description. LESS AND EXCEP: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, and being designated as Tract One, containing 1.00 acre, more or less, and Tract 2, containing 5.00 acres, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated August 22, 1995, and recorded among Banks County, Georgia, Records in Plat Book 21, Page 35, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206 G.M.D. of Banks County, Georgia, containing 3.0 acres, more or less, and shown on plat of survey prepared by Max Lewallen, R.S., dated June 11, 1996 and recorded among Banks County, Georgia Records in Plat Book 21, Page 81, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 2125 Westbrook 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 Billy Nix and Katie M. Nix 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.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Billy Nix and Katie M. Nix
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-02993 /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.
(MA10,17,24,31B/1325-120)

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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JOHNNY D. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $135,200.00 dated 12/17/2004, and recorded in Deed Book 250, Page 155, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of April, 2010, by CitiMortgage, Inc., as Attorney-in-Fact for Johnny D. Smith the following described property:
All that tract or parcel of land together with improvements thereon lying and being in 265th and 912th GMD, Banks County, Georgia, being known as Lot 2 of Jackson Farms Subdivision, containing 5.00 acres, more or less, as shown on a plat of survey prepared for William C. Jackson and Carole G. Jackson by Barry D. Lord, RLS, dated December 29, 2000, recorded in Plat Book CC, page 123 of the Banks County, Georgia Deeds Records, said plat and the recorded thereof is incorporated herein and made a part hereof for a more and complete description.
Property known as: 2167 Yonah Homer Road, Lula, GA 30554
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.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Johnny D. Smith.
CitiMortgage, Inc., as Attorney-in-fact for Johnny D. Smith.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 09-7573
(MA10,17,25,31B/224-50)

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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 THOMAS KEITH MAINES to REGIONS BANK DBA REGIONS MORTGAGE, dated November 30, 2006, and recorded in Deed Book 294, Page 124, Banks County Records, securing a Note in the original principal amount of $129,100.00, 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, April 6, 2010, 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 lot, tract or parcel of land, together with improvements thereon, lying and being in the Golden Hill District (GMD 448) of Banks County, Georgia, containing 2.07 acres and being all of Lot 4, as more particularly shown on a plat of survey prepared for David Hunt by David L. Ringo, Sr., Georgia Registered Land Surveyor No. 2250. Ringo & Sadler, dated April 23, 2002, revised May 20, 2003, a copy of said plat being of record in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 27, Page 154, which plat is hereto incorporated by reference for a more complete description of said property.
Said property is known as 374 Shubert Lane, Lula, GA 30554, 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 Thomas Keith Maines, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Thomas Keith Maines, 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.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Thomas Keith Maines
File no. 09-019974
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA10,17,24,31B/1323-60T1P)

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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in the Revolving Credit Security Deed from DAVID PATTON and STEFANIE PATTON to MUTUAL SAVINGS CREDIT UNION, dated August 4, 2005, and recorded in Deed Book 264, Pages 256-260, in the offices of the Clerk of the Superior Court of Banks County, Georgia (the “Security Deed”), and pursuant to that certain Consent Order entered December 1, 2009 in Chapter 7 Case No. 09-24087-reb, United States Bankruptcy Court, Northern District of Georgia, Gainesville Division, the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in April, 2010, the following described real property, to wit:
All that tract or parcel of land lying and being in the 465 G.M.D., Banks County, Georgia, designated as Lot 65B of Oak Ridge Subdivision, as shown on plat of survey of Farley-Collins Associates, dated July 10, 1997, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 22, Page 62. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use.
The debt secured by the Security Deed is evidenced by an Open End Home Equity Credit Agreement and Truth in Lending Disclosure from David Patton and Stefanie Patton to Mutual Savings Credit Union, as modified by Home Equity Advance Voucher dated March 31, 2008 from David Patton and Stefanie Patton to Mutual Savings Credit Union in the original principal amount of $35,000.00 (as modified, the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of David Patton and Stefanie Patton, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: Security Deed dated August 4, 2005, recorded in Deed Book 264, page 243, Banks County, Georgia records, as last assigned to The Bank of New York Mellon; all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record.
To the best of the undersigned’s knowledge and belief, the real property is presently owned by David Patton and Stefanie Patton.
To the best of the undersigned’s knowledge and belief, the party in possession of the real property is David Patton and Stefanie Patton, and tenants holding under them.
Mutual Savings Credit Union, as Attorney-in-Fact for David Patton and Stefanie Patton.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(MA10,17,24,31P4)

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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 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 recorded in Deed Book 347, Page 291, 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 April, 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: 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/jas 4/6/10
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.
MR/jas 4/6/10 Our file no. 53206609 - FT2
(MA10,17,24,31B/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 JACKIE LEE BEATY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 2, 2008, recorded in Deed Book 324, Page 508, 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 FIFTY-FIVE THOUSAND SIX HUNDRED TWENTY-SEVEN AND 0/100 DOLLARS ($55,627.00), 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 April, 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 Jackie Lee Beaty or a tenant or tenants and said property is more commonly known as 223 New Image Drive, 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.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Jackie Lee Beaty
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lw9 4/6/10
Our file no. 53410-FT11
EXHIBIT “A”
All that tract or parcel of land, together with improvements thereon, lying and being in GMD 912, Banks County, Georgia being Lot 10, New Image Subdivision according to Plat recorded in Plat Book 22, Page 48, Banks County, Georgia Deed Records. Said plat and the description contained therein is incorporated herein for a more full and complete description. Also conveyed herewith is a 1998 Horton Echo manufactured Home, Serial Number H139953GL&R, which is permanently attached to and made a part of the real property. Subject to all covenants, conditions, restrictions, easements, reservations, and rights of way of record. MR/lw9 4/6/10 Our file no. 53410 - FT11
(MA10,17,24,31B/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 J. SIMMONS and CARLY M. O’DONNELL, JTWROS to SUNTRUST MORTGAGE, INC., dated March 17, 2008, recorded in Deed Book 322, Page 625, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-NINE THOUSAND AND 0/100 DOLLARS ($99,000.00), 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 April, 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: 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 Billy J. Simmons and Carly M. O’Donnell, JTWROS or a tenant or tenants and said property is more commonly known as 279 Barefoot Circle, 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 Billy J. Simmons and Carly M. O’Donnell, JTWROS
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/rwm 4/6/10
Our file no. 5669610-FT2
EXHIBIT “A”
All that tract or parcel of land situate, together with improvements thereon, lying and being in the 912 District, G.M.D., Banks County, Georgia, containing 2.00 acres, more or less, as shown on a plat of survey entitled “Survey for Skywalkers, Inc.,” recorded in Plat Book 28, Page 179 of the Banks County, Georgia Play Records, and which said plat and the recording thereof are incorporated by reference for a more complete and detailed description, being improved property known as 279 Barefoot Circle according to the present system of numbering properties in Banks County, Georgia. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said premises. MR/rwm 4/6/10 Our file no. 5669610 - FT2
(MA10,17,24,31B/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 LYNN AKA LYNN R. SHIRLEY SHIRLEY and PAUL AKA PAUL R. SHIRLEY SHIRLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 31, 2005, recorded in Deed Book 270, Page 176, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. 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 TWO HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($240,000.00), 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 April, 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 Lynn AKA Lynn R. Shirley Shirley and Paul AKA Paul R. Shirley Shirley or a tenant or tenants and said property is more commonly known as 189 Crooked Pine Trail, 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.
BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. as Attorney in Fact for Lynn AKA Lynn R. Shirley Shirley and Paul AKA Paul R. Shirley Shirley
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ap9 4/6/10
Our file no. 5564410-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in Land Lot 205 of the 10th Land District in Banks County Georgia and being designated as Lot 18 of Smoke Rise Subdivision consisting of 2.998 acres, more or less, and being more fully shown by plat of survey dated May 29 2002 prepared for Covenant Love Family Church by Samuel L Duvall Registered Land Surveyor No 2295 said plat being recorded in Plat Book 26, Page 194, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and being incorporated herein for a full and complete legal description. MR/ap9 4/6/10 Our file no. 5564410 - FT14
(MA10,17,24,31B/12062-70T1P)