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WEDNESDAY, MARCH 19, 2008 THE BANKS COUNTY NEWS PAGE 9A public notices & legal records www.malnstreetnews.com Notice of Sale Notice of Sale Under Power State of Georgia County of Banks Because of a default in the payment of the indebtedness securedbyaSecurity Deed exe cuted by BENJAMIN A. VALLE and ANA GLADIS VALLE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 28, 2005, and recorded in Deed Book 267, Page 521, Banks County Records, said Security Deed having been last sold, assigned, transferred and con veyed to U.S. Bank National Association, as Trustee for Asset Backed Pass Through Certificates Series 2006-HE1, by Assignment securing a Note in the original principal amount of $207,920.00, the holder thereof pursuant to said Deed and Note there by secured has declared the entire amount of said indebt edness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, April 1, 2008, 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 207th District, G.M., Banks County, Georgia, and being that 2.123 acres, more or less, designated as lot 3 on a final plat of survey for Elizabeth's Way Subdivision prepared by J.R. Holland, Registered Surveyor, dated January 27, 2004, recorded in Plat Book E, Page 44, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by ref erence for a more detailed description. Said property is known as 316 Hwy 59, Commerce, GA 30530, together with all fixtures and personal prop erty attached to and consti tuting 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, wheth er or not now due and pay able), the right of redemp tion of any taxing author ity, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, 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 con firmation 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 Benjamin A. Valle and Ana Gladis Valle, the property, to the best infor mation, knowledge and belief of the undersigned, being presently in the possession of Benjamin A. Valle and Ana Gladis Valle, and the proceeds of said sale will be applied to the payment of said indebt edness and all the expenses of said sale, including attor ney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. U.S. Bank National Association, as Trustee for Asset Backed Pass Through Certificates Series 2006-HE1 as Attorney-in-Fact for Benjamin A. Valle and Ana Gladis Valle File no. 08-000858 L. J. SWERTFEGER, JR. SHAPIRO & SWERTFEGER, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 (770) 220-2730/HP www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS] (MA5,12,19,26B/1323 6000) 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 con tained in a Security Deed given by TOMMY JONES to OPTION ONE MORTGAGE CORPORATION, dated June 10, 2005, recorded in Deed Book 260, Page 459, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2005-3 Asset-Backed Certificates, Series 2005-3 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 NINETEEN THOUSAND SEVEN HUNDRED AND 0/100 DOLLARS ($119,700.00), 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, 2008, 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 pos sible 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 attor neys fees (notice of intent to collect attorneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, 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 Tommy Jones or a tenant or tenants and said property is more commonly known as 523 Mountain Creek Dr, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final con firmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2005-3 Asset-Backed Certificates, Series 2005-3 as Attorney-in Fact for Tommy Jones McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/th1 4/1/08 Our file no. 5361608-FT1 EXHIBIT A All that tract or parcel of Land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 2.05 acres, more or less, designated as Lot 31, as more particularly shown on a final plat of survey of Mountain Creek Subdivision, pre pared by Morrison J. Simms, Registered Surveyor, dated December 12, 1987, recorded in Plat Book A, Page 13, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incor porated herein and made a part hereof by reference for a more detailed description. (MA5,12,19,26B/12062 6000) Notice of Sale Notice of Sale Under Power Georgia, Banks County Under and by virtue of the Power of Sale contained in a Security Deed from JEFFREY D. RICHARDS to BELGRAVIA FINANCIAL SERVICES, dated MAY 22, 1997, and recorded on MAY 28, 1997, in DEED BOOK 117, PAGE 215, of the BANKS County, Georgia Records; as assigned to CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, AS TRUSTEE, pursuant to an Assignment of Security Deed, dated MAY 22, 1997, and recorded on OCTOBER 28, 1998, in DEED BOOK 135, PAGE 671, aforesaid records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-TWO THOUSAND NINE HUNDRED THIRTY- EIGHT DOLLARS and 59/100 ($62,938.59) with interest thereon as set forth therein, there will be sold at pub lic 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, 2008, the following described property: All that tract or parcel of land lying and being in the 1464th G.M.D. in Banks County, Georgia, containing 3.435 acres, as more fully shown and described on a plat of survey dated January 29, 1997, prepared by Farley- Collins Associates, Registered Surveyors, for Crystal D. Dorsey and Jeffrey D. Richards, recorded in Banks County, Georgia Records of the Clerk of Superior Court in Plat Book 21, Page 207. Said Plat is hereby incorpo rated herein by reference for a more detailed description of the subject property. The foregoing property being the same as described in deed recorded in Deed Book 116, Page 223, Banks County Records. Also conveyed herewith is a 1996 Horton Mobile, Serial Number H130200GL&R, which is permanently attached to and made a part of the real property. The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said Note and Security Deed. The debt remaining in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attor ney's fees (notice of intent to collect attorney's fees having been given) and all other payments provided for under the terms of the Security Deed and Note. 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, cov enants, 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 con firmation and audit of the status of the loan with the holder of the security deed. To the best of the under signed's knowledge and belief, said property is also known as 475 Queen Road, Gillsville, Georgia 30543, and the party in possession of the property is Jeffrey D. Richards or a tenant or ten ants of said property. ORIGEN FINANCIAL, LLC SERVICER FOR CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, AS TRUSTEE as Attorney-in-Fact for JEFFREY D. RICHARDS Kenney, Solomon & Medina, P.C. 3675 Crestwood Parkway, Suite 300 Duluth, Georgia 30096 (770) 564-1600 THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (MA5,12,19,26P4) 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 con tained 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 Franklin Bank SSB 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 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 April, 2008, 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 pos sible 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 attor neys fees (notice of intent to collect attorneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, 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 L J Armour or a tenant or tenants and said property is more common ly 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 con firmation 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/sm5 4/1/08 Our file no. 5466208-FT4 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 incor porated herein for a more complete description Tax parcel ID: 69/28 (MA5,12,19,26B 12062 6000) 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 MICHAEL H. IVEY to WELLS FARGO HOME MORTGAGE, INC., dated April 19, 2004, recorded in Deed Book 235, Page 305, Banks County, Georgia Records, conveying the after-described proper ty to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($84,500.00), 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, 2008, 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 pos sible 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 attor neys fees (notice of intent to collect attorneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, 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 Michael H. Ivey or a tenant or tenants and said property is more commonly known as 160 Kay Drive, Carnesville, Georgia 30521. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final con firmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, N.A. sbm Wells Fargo Home Mortgage, Inc. as Attorney-in-Fact for Michael H. Ivey McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jtm 4/1/08 Our file no. 5393108-FT7 EXHIBIT A That tract or parcel of Land lying and being in the 1206th GMD of Banks County, Georgia, being described as Lot 2, containing 2.00 acres, more or less, as shown on a plat of survey for Fred Kay & Jean P. Kay and Dwayne Ivey & Diana K. Ivey dated July 16, 1980, revised July 28, 1980, divided November 26, 2003, and recorded in Plat Book 28, Page 93, Banks County Records; said plat being incorporated herein by reference for a more com plete description of the prop erty. This being a portion of the property conveyed by Warranty Deed from Alfred continued on following page