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PAGE 4B THE BANKS COUNTY NEWS WEDNESDAY, JUNE 25, 2008 public notices & legal records www.malnstreetnews.com Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of a Power of Sale contained in that cer tain Security Deed from TAMMY HALBROOK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for GREENPOINT MORTGAGE FUNDING, dated February 28, 2005, recorded March 7, 2005, in Deed Book 254, Pages 332-355, Banks County, Georgia Records, said Security Deed hav ing been given to secure a Note of even date in the original prin cipal amount of One Hundred Twenty Four Thousand and 00/100 Dollars ($124,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Mortgage Electronic Registration Systems, Inc., 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 July, 2008, all property described in said Security Deed including but not limited to the following described property: All that tract or parcel of land, lying and being in the 465th District, G.M. Banks County, Georgia, in the City of Maysville, shown as Lot No. 22, Section One, Ridgeway Hills Subdivision, containing 1.00 acre, more or less, as per plat of survey prepared for Darrell Hinsley by G. Brian Slate, GRLS No. 2629, dated February 18, 1997, and recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 21, Page 202. Said plat as recorded is hereby referenced for a more detailed description of said property. This conveyance is made sub ject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. Said property is commonly known as 54 W. Ridgeway Road, Maysville, Georgia 30558. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebted ness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments pro vided for under the terms of the Security Deed and Note. Said property will be sold sub ject to the following items which may affect the title to said prop erty: all zoning ordinances; mat ters 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 utili ties which constitute liens upon said property; all restrictive cov enants, 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 Tammy Halbrook or tenant(s). The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. The above law firm is acting as a debt collector. Any information obtained will be used for that purpose. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for TAMMY HALBROOK Lender Contact: GREENPOINT MORTGAGE FUNDING, INC., Loss Mitigation Dept. 706-641-4206 Lender Address: 2300 BROOKSTONE CENTRE PKWY., COLUMBUS, GA 31904 Attorney Contact: Adorno & Yoss, L.L.C., 1349 West Peachtree Suite 1500, Atlanta, GA, 30309 TELEPHONE NUMBER: (888) 890-5390 ADORNO FILE NO. 215906.0220 HTTP://WWW. ADORNO. COM/ATLDOCS/SALES. HTML THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (JN4,11,18,25B/13997-60T4P0) Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of Power of Sale contained in Security Deed from STANLEY WESTMORELAND and VICKIE WESTMORELAND to COMMUNITY BANK & TRUST, dated May 2, 2003, which Deed is recorded among Banks County, Georgia Records in Deed Book 213, Page 553, said Security Deed being given to secure a Note dated December 22, 2006 in the original princi pal amount of ONE HUNDRED NINETY SIX THOUSAND SEVEN HUNDRED TWENTY SIX AND 42/100 ($196,726.42) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at pub lic 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 July, 2008, (July 1, 2008) the following described property, to wit: All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 2.51 acres, more or less, as more particularly shown on a plat of survey prepared for Stanley Westmoreland by Max Lewallen, Registered Surveyor, dated January 30, 1995, record ed in Plat Book 19, Page 138, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by refer ence for a more detailed descrip tion. Said property is known as 2744 Highway 51 South, Lula, Georgia, 30554, together with all fixtures and personal prop erty 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 pay ment of the principal and inter est, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attor ney’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 remain ing in default, this sale will be made for the purpose of pay ing 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 tax ing authority, any matters which might be disclosed by an accu rate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinanc es, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Specifically, said prop erty shall be sold subject to the lien of Deed to Secure Debt from Stanley Westmoreland and Vickie Westmoreland to Express Mortgage Services, dated April 16, 1999 and recorded among Banks County, Georgia Records in Deed Book 143, page 38. 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 STANLEY WESTMORELAND and VICKIE WESTMORELAND, who, to the best of the under signed’s knowledge and belief, are the parties in possession of said property. COMMUNITY BANK & TRUST, as Attorney- in-Fact for STANLEY WESTMORELAND and VICKIE WESTMORELAND 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. (JN4,11,18,25B/1326-60T0P0) Notice of Sale Notice of Sale Under Power Georgia, Banks County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by SANTOS ALFARO to EQUIFIRST CORPORATION, dated September 24, 2002, and recorded in Deed Book 199, Page 523, Banks County, Georgia records, as last assigned to Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Equifirst Mortgage Loan Trust 2003-1, Asset-Backed Certificates, Series 2003-1 by assignment to be recorded in Banks County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $122,000.00, with interest at the rate specified therein, there will be sold by the undersigned 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 July, 2008, to wit: July 1, 2008, the following described property: All that tract or parcel of land lying and being in the 465th District G.M.D. of Banks County, Georgia, in the City of Maysville, containing 0.78 acre, more or less, and being bound ed now or formerly as follows: North by Georgia Highway 98 and Lot 2; East by Lot 2; South by Lot 8 and Oak Drive; and West by Oak Drive and Georgia Highway 98. Said tract of land is shown and designated as Lot 1, Section A, of Oak Grove Estates, on a Plat of Survey prepared by Max Lewallen, Surveyor, for Marion Jarrett, dated April 15, 1993, and recorded in the pub lic records of Banks County, Georgia, in Plat Book 18, Page 3, which is by reference incorpo rated herein for a more complete description. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebt edness as and when due and in the manner provided in the Note and Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attor ney’s fees having been given). To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 109 Oak Drive, Maysville, GA 30558 is (are): Santos Alfaro or tenant or tenants. Said property will be sold sub ject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspec tion of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinanc es, easements, restrictions, cov enants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Equifirst Mortgage Loan Trust 2003-1, Asset-Backed Certificates, Series 2003-1 as attorney-in-fact for Santos Alfaro Richard B. Maner, P.C. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FC07-876 (JN4,11,18,25P4) Notice of Sale Notice of Sale Under Power State of Georgia County of Banks Under and by virtue of the Power of Sale in Deed contained in the Deed to Secure Debt in favor of JERRY D. GRIFFIN from WILLIAM A. GRIFFIN, III dated September 29, 2003, recorded in Deed Book 228, Page 326 et seq., Banks County, Georgia Deed Records, said Deed to Secure Debt having been given to secure a Promissory Note in favor of Jerry D. Griffin from Griffin Brothers, Inc. and William A. Griffin, Jr. in the original principal amount of $600,000.00 dated September 29, 2003, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on the first Tuesday in July, 2008, to wit, July 1, 2008, to the highest and best bidder for cash the property described as follows, to wit: All that tract or parcel of land lying and being in the 912th District, GM, Banks County, Georgia, being designated as the following tracts on a plat of survey prepared by Max Lewallen, RLS, dated October 31, 1989, and recorded among Banks County, Georgia Records in Plat Book 15, Page 65: Tract 2A containing 15.66 acres, Tract 2B containing 59.02 acres, Tract 3A containing 25.47 acres, Tract 3B containing 130.94 acres, and Tract 4 containing 160.70 acres. LESS AND EXCEPT: 67 acres that was previously con veyed to Deborah W. Poole and Michael J. Poole, dated June 28, 1990, and recorded among the Banks County, Georgia Records in Deed Book 60, Page 13, and which is shown on plat of sur vey dated June 12, 1990, pre pared by Max Lewallen, RLS, and recorded among the Banks County, Georgia Records in Plat Book 15, Page 155. LESS AND EXCEPT FROM THE ABOVE DESCRIBED PROPERTY is that portion con taining 2 acres of land, more or less, that the home of William A. Griffin, III is built on and being more particularly described as follows: All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia containing 2.17 acres, more or less, on a plat of sur vey prepared by Max Lewallen, rLs, dated June 22, 1994, and recorded among Banks County, Georgia Records in Plat Book 28, page 56. Said plat is incor porated herein by reference for a more detailed description. The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of nonpayment of principal and interest pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney’s fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. The indebted ness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebted ness secured by the Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to Secure Debt including attor ney’s fees, and the remainder if any shall be applied as provided by law. To the best of the undersigned’s knowledge and belief the proper ty is in the possession of William A. Griffin, III and said property will be sold as the property of William A. Griffin, III subject to outstanding ad valorem taxes, easements, restrictions and other matters of record superior to the above-referenced security deed, if any. The undersigned will execute a deed to the purchaser at said sale as provided in the Deed to Secure Debt. JERRY D. GRIFFIN, as Attorney-in-Fact for William A. Griffin, III WHELCHEL, DUNLAP, JARRARD & WALKER, LLP Post Office Box 1 Gainesville, GA 30503 (JN4,11,18,25B/1016-70T1P) 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 RANDY LEE HUGHES to FIRST FRANKLIN, a Division of Nat City Bank of IN, dated May 31, 2005, recorded in Deed Book 259, Page 726, Banks County, Georgia Records, as last trans ferred to National City Bank by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after- described property to secure a Note in the original principal amount of ONE HUNDRED TWELVE THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($112,400.00), 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 July, 2008, the following described prop erty: 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 indebt edness 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 pur pose of paying the same and all expenses of this sale, as provid ed in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accu rate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinanc es, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full author ity to negotiate, amend, and modify all terms of the mortgage with debtor is: National City Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, (412) 442-3894. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mort gage instrument. To the best knowledge and belief of the undersigned, the party in possession of the prop erty is Randy Lee Hughes or a tenant or tenants and said prop erty is more commonly known as 139 Oak Drive, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. National City Bank as Attorney-in-Fact for Randy Lee Hughes McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lo1 7/1/08 Our file no. 51127508-FT1 EXHIBIT A “All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 465th District, G.M., Banks County, Georgia, in the City of Maysville, and being designated as Lot Number 18 on a plat of survey prepared for Oak Groves Estates by Timberland Management Services, Inc., W. W. Lester, registered surveyor #2128, dated March 25, 1987. Said plat is recorded in Plat Book A, Page 32, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Subject to all easements and restrictions of record, if any.” (JN4,11,18,25B/12062-70T1P) 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 L. HOFFMAN and continued on following page