Banks County Public Records 05-26-10

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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of Sale contained in that certain Security Deed from GREGORY L. WIGGINS and DIANA L. WIGGINS to GREEN TREE FINANCIAL CORP. nka GREEN TREE SERVICING, LLC, dated April 17, 1995, and recorded in Deed Book 96, Page 187, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Security Deed having been given to secure a Note dated, April 17, 1995, in the original principal amount of SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO AND 22/100 DOLLARS ($77,422.22) with interest thereon as provided therein, 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 of June 2010, regarding the following described property:
All that tract or parcel of land situated in the 207th G.M. District, Banks County, Georgia, and being shown and delineated as Lot 6 on a plat dated March 20, 1992, by Max Lewallen, GA RLS, and recorded in Plat Book A, Page 33 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat is referred to herein for a more complete and accurate description.
Also conveyed herewith is a 1995 Southern Energy Home, Model 728S, Serial Number DSE2AL8022AB, which is permanently attached to and made a part of the real property.
Said property is commonly known as 54 Hebron Church Rd., Commerce, GA 30529.
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 attorney’s 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 effect the title of said property; 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 Gregory L. Wiggins and Diana L. Wiggins or tenant(s).
Green Tree Servicing, LLC as Attorney-in-Fact for Gregory L. Wiggins and Diana L. Wiggins
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)

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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 ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment recorded in Deed Book 350, Page 35, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, Surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/tlj 6/1/10 Our file no. 53141309 - FT14
(MY5,12,19,26B/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 JOHN TAYLOR RYLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 13, 2008, recorded in Deed Book 321, Page 259, Banks County, Georgia Records, as last transferred to Branch Banking and Trust Company 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-NINE THOUSAND ONE HUNDRED SEVENTY AND 0/100 DOLLARS ($79,170.00), 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 June, 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: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. 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 John Taylor Rylee or a tenant or tenants and said property is more commonly known as 175 Jake Shubert Dr, Maysville, Georgia 30558-5033. 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.
Branch Banking and Trust Company as Attorney in Fact for John Taylor Rylee McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ho 6/1/10
Our file no. 51383310-FT8
EXHIBIT “A”
All that tract of land lying and being in the 465th District, G.M., Banks County, Georgia, and being Lot 14 according to that certain plat by James M. Paul, Registered Surveyor, dated April 27, 1978, entitled “Survey for Peter Tikotin”, said plat being recorded in Plat Book 7, Page 71, in the Office oFLEf the Clerk of the Superior Court of Banks County, Georgia, and containing 4.51 acres more or less, as shown on aforesaid plat which is incorporated herein and made a part hereof by references thereto. MR/ho 6/1/10 Our file no. 51383310 - FT8
(MY5,12,19,26B/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 JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), 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 June, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording 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 James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, 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 James Eddie Baker, Sr. Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rwm 6/1/10
Our file no. 1346907-FT19
(MY5,12,19,26B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2010, to-wit: June 1, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1328-50T4P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from SHANNON JOYCE and JAMES MAY to COMMUNITY BANK & TRUST, dated May 18, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 305, Page 610, said Security Deed being given to secure a Note dated May 18, 2007 in the original principal amount of EIGHTY NINE THOUSAND ONE HUNDRED FIFTY THREE AND 50/100 ($89,153.50) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, (June 1, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Baldwin, Georgia, and Land Lot 186 of the 10th Land District of Banks County, Georgia, as shown on a plat of survey prepared for Robert Joseph Kushman, Jr. And Tina Ann Kushman by Max Lewallen, Georgia Registered Land Surveyor, dated March 7, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 109, to which said plat and the record thereof reference is hereby made for a more complete description.
NOTE: The above described property is the same property described in and conveyed by a Warranty Deed from Kathy Jan Thompson to Robert Joseph Kushman, Jr. And Tina Ann Kushman, dated March 9, 1990, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 1; and the same property described in and conveyed by a Warranty Deed from Joel L. Duncan and Miriam B. Duncan to Kathy Jan Thompson, dated July 26, 1982, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 26, Page 581.
NOTE: The above described land was formerly in Habersham County, Georgia, and prior deeds in the chain of title were recorded in Habersham County, Georgia. Due to a purported change in the County Line, the above described land may now be in either Habersham or Banks County due to uncertainty as to the validity of the change in the County Line.
Said property is known as 125 Church Street, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and CBT, a Division of SCBT, N.A. Has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of SHANNON JOYCE and JAMES MAY, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for SHANNON JOYCE and JAMES MAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1326-80

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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 L.J ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to The Huntington National Bank by assignment recorded in Deed Book 350, Page 115, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), 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 June, 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: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. 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 L.J Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 6/1/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 6/1/10 Our file no. 5466208 - FT17
(MY5,12,19,26B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP 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 SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), 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 June, 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 Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, 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, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 51268010-FT14
EXHIBIT “A”
All that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 78, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia Records.
Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 6/1/10 Our file no. 51268010 - FT14
(MY5,12,19,26B/12062-100T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt given by JOE MOONEY (a/k/a Joe C. Mooney) and JUDY T. MOONEY (a/k/a Judy Mooney) (collectively, the “Grantor”) to SUNTRUST BANK, successor-by-merger to MOUNTAIN STATE BANK (the “Lender”) dated January 3, 2007, and recorded January 15, 2007, in Deed Book 297, Pages 526-528, Banks County, Georgia official records (together with any and all amendments and modifications, hereinafter referred to as the “Security Deed”), conveying the property described below to secure repayment of that certain Promissory Note dated April 30, 2008 made payable by Joe Mooney to the order of Lender in the maximum principal amount of $400,000.00, together with interest thereon as set forth therein (together with any and all prior notes, amendments or modifications, collectively hereinafter collectively referred to as the “Secured Indebtedness”), 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 June 2010 (being June 1, 2010) the following described parcel of real property together with all improvements, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in the Security Deed:
All that tract or parcel of land lying and being in the 912th District, Banks County, Georgia, being designated as Tract 2, containing 25.00 acres, all as more fully shown on plat of survey prepared by Wood Brothers Land Surveyors, Inc., Registered Land Surveyor, recorded in Plat Book F, Page 120, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
Said tract being bounded on the north by other lands of Rogers; on the east by right of way of Rogers Road; on the south by other lands of Rogers and on the west by lands of Stowers.
The above-described property is improved property located at 550 Antioch Road, Lula, Banks County, Georgia 30554, according to the present system of numbering property in Banks County, Georgia.
The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. The Secured Indebtedness remaining in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (written 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through it.
SUNTRUST BANK, Attorney-in-Fact and Agent for Joe Mooney and Judy T. Mooney
Erin K. Richardson
Burr & Forman LLP
Suite 1100, 171 Seventeenth Street, N.W.
Atlanta, Georgia 30363
Email: erichard@burr.com
(404) 815-3000
(404) 214-7936
B&F File No. 20086-22
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)

gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt given by JOE MOONEY (a/k/a Joe C. Mooney) and JUDY T. MOONEY (a/k/a Judy Mooney) (collectively, the “Grantor”) to SUNTRUST BANK, successor-by-merger to MOUNTAIN STATE BANK (the “Lender”) dated June 25, 2003 and recorded July 21, 2003 in Deed Book 219, Pages 79-86, Banks County, Georgia official records (together with any and all amendments and modifications, hereinafter referred to as the “Security Deed”), conveying the property described below to secure repayment of that certain Promissory Note dated April 30, 2008 made payable by Grantor to the order of Lender in the maximum principal amount of $101,484.50, together with interest thereon as set forth therein (together with any and all prior notes, amendments or modifications, collectively hereinafter collectively referred to as the “Secured Indebtedness”), 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 June 2010 (being June 1, 2010) the following described parcel of real property together with all improvements, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in the Security Deed:
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia and designated as Tract No. 4, containing 33.547 acres, more or less, as shown and delineated by a plat of survey entitled, “Property of Grady Saxon”, dated March 14, 1981, prepared by Jimmy D. Bullock & Associates, certified by Jimmy D. Bullock, Georgia Registered Surveyor No. 1765, said plat being of record in the Office of the Superior Court of Banks County, Georgia, in Plat Book 8, Page 160. Said plat is incorporated herein by reference for a more complete description.
LESS AND EXCEPT from the above described property that portion of the property conveyed by certain Warranty Deed from Joe Mooney and Judy Mooney to Milton R. Turner and Wreatha L. Turner, dated July 31, 2008, filed for record August 6, 2008 at 10:23 a.m. recorded in Deed Book 329, Page 404, Records of Banks County, Georgia.
The above-described property is improved property located at 559 Antioch Road, Lula, Banks County, Georgia 30554, according to the present system of numbering property in Banks County, Georgia.
The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. The Secured Indebtedness remaining in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (written 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through them.
SUNTRUST BANK, Attorney-in-Fact and Agent for Joe Mooney and Judy Mooney
Erin K. Richardson
Burr & Forman LLP
Suite 1100, 171 Seventeenth Street, N.W.
Atlanta, Georgia 30363
Email: erichard@burr.com
(404) 815-3000
(404) 214-7936
B&F File No. 20086-22
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)

gpn11
Notice of Sale
State of Georgia
County of Banks
Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by WANDA C. MOODY AND BOBBY MOODY to REGIONS BANK DBA REGIONS MORTGAGE dated September 24, 2007, and recorded in Deed Book 313, Page 224, Banks County Records, securing a Note in the original principal amount of $69,600.00, 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, June 1, 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 tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia and being designated as Tract No. 1, containing 1.444 acres, more or less, as shown on a plat of survey prepared by Roy A. Terrell, R.L.S, dated February 20, 1995 and being recorded among Banks County, Georgia Records in Plat Book A, Page 127, said plat being incorporated herein by reference for a more full and complete descripion. SUBJECT to the rights of ingress and egress over and across as a twelve (12) foot easement as shown on the plat of survey hereinabove described, which easement is in favor of Tract No. 2 as shown on said plat owned by George Jones, and which easement shall inure to the benefit of his heirs, executors, administrators and assigns.
Said property is known as 1987 Apple Pie Ridge Road, Alto, GA 30510, 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 Wanda C. Moody and Bobby Moody, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Wanda C. Moody aka Wanda Moody, 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 Wanda C. Moody and Bobby Moody; their successor in title being Wanda C. Moody aka Wanda Moody
File no. 10-002303
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]
(MY5,2,19,26B/1323-60T1P)