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THURSDAY, SEPTEMBER 11, 2008 THE BANKS COUNTY NEWS PAGE 9A ‘A” attached hereto and ncorporated herein by •eference. The debts secured by said Deed :o Secure Debt have seen and are hereby declared due and pay able because of, among ather possible events of default, failure to make aayments on said Note. Fhe debts remaining in default, this sale will be nade for the purpose of saying the same and all axpenses of this sale, in cluding attorney’s fees. Said property will be sold subject to any out standing ad valorem :axes (including taxes /vhich are a lien, but not /et due and payable), any matters which might se disclosed by an ac curate survey and in spection of the property, any assessments, liens, ancumbrances, zoning ardinances, restrictions, aasements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances :hat will not be extin guished by the foreclo sure sale contemplated ay this Notice. To the best knowledge and belief of the under signed, the Party in pos session of the property s Dream River Invest ments, Inc. or a tenant or :enants, and said prop arty is more commonly mown as Tract 49, 5.009 acres, more or ess, BANKS COUNTY, 3EORGIA. However, alease only rely on the attached legal descrip- :ion for the location of :he property. Branch Banking & Frust Company, Attorney n Fact for Dream River nvestments, Inc. Martin G. Quirk, Esq. Quirk & Quirk, LLC 6000 Lake Forrest Drive Suite 325 Atlanta, Georgia 50328 (404) 252-1425 EXHIBIT “A” Legal Description All that tract or parcel af land lying and being in :he 207th District, G.M., 3anks County, Georgia and being that 5.009 acres, more or less, be- ng on the southwesterly side of County Road No. 32, and being desig nated as Tract 49 and more particularly shown and delineated on a alat of survey entitled ‘Survey for: Silvermill -arms,” dated Decerm- aer 18, 1995, prepared ay Cornerstone Land Surveying, James R. Smith, Registered Sur- /eyor, and recorded at 3 lat Book 22, Page 44, n the Office of the Clerk af the Superior Court of 3anks County, Georgia and incorporated herein and made a part hereof ay reference for a more detailed description. To gether with the right of ngress and egress to :he above referenced aroperty by means of the 30 foot access easement as shown on the above described plat. Said 60 : oot access strip being •eserved in a Warrant Deed to Georgia-Pacific Dorporation recorded at Deed Book 105, Page F32, Banks County Re- aords. (SE11,18,25,OC2P4) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AT- TEMPTING TO COL- LECT A DEBT. ANY INFORMATION OB- TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale con tained in a Security Deed given by CLIFF SIKES to FIRST FRANKLIN A DI VISION OF NAT. CITY BANK OF IN, dated Au gust 12, 2005, recorded in Deed Book 264, Page 94, Banks County, Geor gia Records, as last transferred to Deutsche Bank National Trust Com pany, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset- Backed Certificates, Se ries 2005-FFH4 by as signment 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 FOUR THOUSAND AND 0/100 DOLLARS ($104,000.00), with inter est 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 le gal hours of sale on the first Tuesday in October, 2008, the following de scribed property: SEE EXHIBIT A AT TACHED HERETO AND MADE A PART HERE OF The debt secured by said Security Deed has been and is hereby de clared 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 remain ing in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, as provided in Se curity 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 out standing ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an ac curate survey and in spection 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: Na tional City Home Loan Services, Inc., 150 Al legheny Center-ICD 23-521, Pittsburgh, PA 15212, (412) 442-3894. 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 under signed, the party in pos session of the property is Cliff Sikes or a tenant or tenants and said prop erty is more commonly known as 4945 Yonah Homer Rd., Alto, Geor gia 30510. The sale will be con ducted subject (1) to con firmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confir mation and audit of the status of the loan with the holder of the security deed. Deutsche Bank Na tional Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, As set-Backed Certificates, Series 2005-FFH4 as Attorney in Fact for Cliff Sikes McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosure- hotline.net MR/ms8 10/7/08 Ourfile no. 51646308- FT1 EXHIBITA All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 0.76 acres, more or less, as more particularly shown on a plat of survey prepared for Carol Allen by Jimmy B. Bullock, registered surveyor, dated Septem ber 4, 2000, recorded in Plat Book C, Page 102, 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. (SE11,18,25,OC2B/12062-70T1P) Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of Power of Sale contained in Secu rity Deed from JAMES H. FREE to COMMUNITY BANK & TRUST, dated August 25, 1992, which Deed is recorded among Banks County, Georgia Records in Deed Book 74, Page 403, said Se curity Deed being given to secure a Note dated October 25, 2004, in the original principal amount of THIRTY TWO THOU SAND EIGHT HUN DRED SIXTY NINE AND 14/100 ($32,869.14) DOLLARS, with inter est 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 le gal hours of sale on the first Tuesday in October, 2008, (October 7, 2008) the following described property, to wit: All that tract or parcel of land lying and being in Land Lot 215 of the 10th Land District of Banks County, Georgia, con taining 2.0 acres, more or less, according to Plat of Survey prepared by Hubert Lovell, Reg istered Surveyor, dated February 17, 1992, and recorded among Banks County, Georgia Re cords in Plat Book , at Page , reference being made to said plat for a more complete description of the tract herein described and conveyed, together with the 1987 Fleetwood Mo bile Home located there on. Said property is known as 581 Grant Mill Road, Alto, Georgia, 30510, together with all fixtures and personal property attached to and consti tuting a part of said prop erty if any. Whereas, the Note secured by said Secu rity Deed has become in default as to payment of the principal and inter est, and COMMUNITY BANK & TRUST has giv en notice of its intention to foreclose said Securi ty 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 indebted ness 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 at torney’s fees and all ex penses of said sale. Said property will be sold subject to any out standing ad valorem tax es (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 ac curate survey and in spection 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 con ducted subject (1) to con firmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confir mation and audit of the status of the loan with the holder of the security deed. The property will be sold as the property of JAMES H. FREE, who, to the best of the under signed’s knowledge and belief, is the party in pos session of said property. COMMUNITY BANK & TRUST, as Attorney- in-Fact for JAMES H. FREE 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 OB TAINED WILL BE USED FOR THAT PURPOSE. (SE11,18,25,OC2P4) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AT- TEMPTING TO COL- LECT A DEBT. ANY INFORMATION OB- TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Secu rity Deed given by LORI JONES to OPTION ONE MORTGAGE CORPO RATION, dated July 28, 1999, recorded in Deed Book 147, Page 60, Banks County, Georgia Records, as last trans ferred to Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mort gage Pass-Through Cer tificates, Series 1999- BC4 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks Coun ty, Georgia Records, conveying the after-de scribed property to se cure a Note in the origi nal principal amount of FIFTY-SIX THOUSAND AND 0/100 DOLLARS ($56,000.00), with inter est 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 le gal hours of sale on the first Tuesday in October, 2008, the following de scribed property: All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia containing 4.999 acres, more or less, as more particularly described as follows: Beginning at a point located at the intersec tion of the southerly right of way of Queen Road (a 60 foot right of way) and Carson Segars Road, running thence in a westerly direction along the southerly right of way of Queen Road a distance of 1220 feet to a 1/2” rebar found; run ning thence south 00 degrees 21 minutes 20 seconds east a distance of 1,008.05 feet to a 1/2” rebar found; running thence north 85 degrees 11 minutes 00 seconds west a distance of 67.90 feet to an iron pin set and the true point of be ginning; running thence north 85 degrees 11 min utes 00 seconds west a distance of 466.51 feet to a 1/2” rebar found; running thence north 55 degrees 51 minutes 10 seconds west a dis tance of 85.08 feet to a 1 1/4” pipe found; running thence north 32 degrees 30 minutes 48 seconds east a distance of 19.73 feet to a point; running thence south 62 degrees 04 minutes 41 seconds east a distance of 33.78 feet to a point; running thence north 52 degrees 15 minutes 47 seconds east a distance of 64.82 feet to a point; running thence north 19 degrees 07 minutes 54 seconds east a distance of 28.35 feet to a point; running thence north 40 degrees 59 minutes 52 seconds West a distance of 19.99 feet to a point; running thence north 87 degrees 11 minutes 03 seconds east a distance of 12.54 feet to a point; running thence south 68 degrees 36 minutes 15 seconds east a distance of 30.46 feet to a point; running thence south 24 degrees 36 minutes 32 seconds east a distance of 22.09 feet to a point; running thence south 76 degrees 45 minutes 28 seconds east a distance of 54.66 feet to a point; running thence north 53 degrees 26 minutes 22 seconds east a distance of 64.99 feet to a point; running thence south 76 degrees 54 minutes 51 seconds east a distance of 17.00 feet to a 2” pipe found running thence north 13 degrees 21 minutes 48 seconds west a distance of 474.29 feet to a 1” crimpted top pip found; running thence north 00 degrees 04 minutes 35 seconds east a distance of 375.89 feet to an iron pin set; 51 minutes 17 seconds east a distance of 142.06 feet to an iron pin set; running thence south 10 degrees 52 minutes 58 seconds west a distance of 126.89 feet to an iron pin set; run ning thence south 16 degrees 50 minutes 48 seconds east a distance of 930.05 feet to an iron pin set and the true point of beginning; all as more fully set forth on that plat of survey dated May 17, 1999 prepared for Greg ory F. Garland by James Robert Cheatham, Geor gia registered Land Sur veyor No. 1525, which property is shown as Tract 2 on that certain plat of survey record ed June 18, 1999 in Plat Book 24, Page 80, Banks County, Georgia records, which plat and the record thereof are incorporated herein by reference thereto for a more complete descrip tion thereof. Together With: That certain 1988 dou blewide Champion Mo bile home, Chappell Hill Model bearing manufac ture’s serial numbers GA FLH 05A13630CH and GA FLH05B13630CH, and model numbers GEO 498345 and GEO 498344. The debt secured by said Security Deed has been and is hereby de clared 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 remain ing in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, as provided in Se curity Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). American Home Mort gage Servicing Inc. can be contacted at 877- 304-3100 or by writing to 3 Ada, Irvine, CA 92618, to discuss possible alter natives to foreclosure. Said property will be sold subject to any out standing ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an ac curate survey and in spection 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 under signed, the party in pos session of the property is Lori Jones or a tenant or tenants and said prop erty is more commonly known as 640 Queen Road, Gillsville, Georgia 30543. The sale will be con ducted subject (1) to con firmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confir mation and audit of the status of the loan with continued on following page