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THURSDAY, NOVEMBER 6, 2008 THE BANKS COUNTY NEWS PAGE 5B Dy said Deed. Said property will be sold as the property of Jerry C. Btever, the property, to the aest information, knowledge and belief of the under signed, being presently in :he possession of Jerry C. Btever, and the proceeds of said sale will be applied to :he payment of said indebt edness and all the expenses af said sale, including attor ney's fees, all as provided in said Deed, and the balance, f any, will be distributed as arovided by law. Wells Fargo Bank, N.A. as Attorney-in-Fact for Jerry 3. Stever File no. 08-007013 L. J. SWERTFEGER, JR. SHAPIRO & SWERTFEGER, LLP* Attorneys and Counselors at Law 2872 Woodcock 3oulevard, Suite 100 Atlanta, GA 30341 (770) 220-2730/AB www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COL LECTOR. ANY INFORMA- riON OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS] (NV6,14,20,27B/1323-60T1P) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM S ACTING AS A DEBT COLLECTOR ATTEMPTING TO BOLLECT A DEBT. ANY NFORMATION OBTAINED A/ILL BE USED FOR THAT PURPOSE. Under and by virtue of the 3 ower of Sale contained in a Security Deed given by BRITTANY A. HERRIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated Movember27, 2006, record- ad in Deed Book 296, Page 568, Banks County, Georgia Records, as last trans- : erred to Flagstar Bank, r SB by assignment to be ecorded in the Office of :he Clerk of Superior Court af Banks County, Georgia Records, conveying the after-described property to secure a Note in the origi nal principal amount of DNE HUNDRED EIGHTY- MINE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($189,900.00), /vith interest thereon as set forth therein, there will ae sold at public outcry to :he highest bidder for cash aefore the Courthouse door af Banks County, Georgia, A/ithin the legal hours of sale on the first Tuesday in December, 2008, the follow- ng 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 aecause of, among other aossible events of default, ailure to pay the indebt edness as and when due and in the manner provided n the Note and Security Deed. The debt remain- ng in default, this sale will ae made for the purpose af paying the same and all expenses of this sale, as arovided in Security Deed and by law, including attor neys fees (notice of intent to collect attorneys fees hav- ng been given). Said property will be sold subject to any outstanding ad valorem taxes (including axes which are a lien, but aot yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the aroperty, any assessments, iens, encumbrances, zon- ng ordinances, restrictions, aovenants, and matters af record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms af the mortgage with the debtor is: Flagstar Bank, F.S.B., 5151 Corporate Drive, Troy, Ml 48098, 800- 945-7700. Please under stand that the secured cred itor 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 Brittany A. Herrin and Caleb Herrin or a tenant or tenants and said property is more commonly known as 750 Rock Springs Rd., Lula, Georgia 30554. 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 confirmation and audit of the status of the loan with the holder of the security deed. Flagstar Bank, FSB as Attorney in Fact for Brittany A. Herrin McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www. foreclosu rehotline, net MR/tah 12/2/08 Our file no. 52311208- FT2 EXHIBIT A All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia designated as Lot 4, containing 1.00 acre, more or less, as shown on that Plat of Survey pre pared for John W. Thomas and Barbara M. Thomas by Max Jackson Lewallen, Registered Land Surveyor #2067, under date of January 3, 2006, and being recorded in Plat Book 30, Page 118 in the Office of the Clerk of the Superior Court of Banks County, Georgia deed records. Said plat is incorporated herein for a more full and complete legal description. This is that same prop erty conveyed to William Blake Thomas from John W. Thomas and Barbara M. Thomas via Warranty Deed dated July 7, 2006 and recorded on July 19, 2006 in Deed Book 285, Page 583 of the aforewritten deed records. (NV6,13,20,27B/12062-70T1P) Notice of Sale Notice of Sale Under Power State of Georgia County of Banks Because of a default in the payment of an indebted ness secured by a security deed executed by MICHAEL B. CLINE and LINDA CLINE to W.R. WILLIAMSON and SHARON WILLIAMSON dated April 27, 2006, and recorded at Deed Book 332, Page 392, Banks County Records securing a note in the original principal amount of $340,734.31 with interest thereon from said date at the rate stated in said note on the unpaid balance until paid, there will be sold by the undersigned at public out cry to the highest bidder for cash before the Courthouse at Banks County, Georgia within the legal hours of sale on Tuesday, December 2, 2008 the property described as follows: All that tract or parcel of land lying and being in the 207 District, G.M., Banks County, Georgia, containing 38.05 acres and designated as Tract #6 according to a plat of survey prepared by Farley-Collins & Associates, Georgia Registered Land Surveyors, dated September 1,1976, and recorded at Plat Book 9, Page 113 Banks County, Georgia records. Reference is made to said plat of survey for a more complete description of the property. The debts secured by said security deed have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments of said indebtedness. The indebt edness remaining in default the sale will be made for the purpose of paying the same and all expenses of the sale, including attorney fees. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the premises, any assessments, liens and encumbrances, zon ing ordinances, restrictions and easements superior to the security deed set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is the debtors first mentioned above, or a tenant or tenants in pos session. W. R. Williamson Sharon Williamson Attorneys in fact for Michael B. and Linda B. Cline John Terry Brown Attorney at Law Post Office Box 423 Commerce. Georgia 30529 706-335-6800 THE LAW FIRM IS ACT- INGAS A DEBT COLLEC- TOR ANY INFORMATION OBTAINED WILL BE USED FOR THAT PUR- POSE. (NV6,13,20,27P4) 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 that certain Security Deed from R GERATONI PROPERTIES LLC (the “Grantor”) to and in favor of UNITED COMMUNITY BANK (the “Lender”) dated June 5,2006, filed for record June 14, 2006, in Deed Book 758, Pages 914-922, Habersham County, Georgia Records, and filed for record in November, 2008, in the records of Banks County, Georgia (the “Security Deed”); securing that cer tain renewal Promissory Note from Grantor to and in favor of Lender dated June 5, 2007 in the origi nal principal sum of ONE HUNDREDTHIRTY-SEVEN THOUSAND SEVEN HUNDRED EIGHTY- SEVEN AND 93/100 DOLLARS ($137,787.93) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Habersham County, Georgia, on thefirstTuesday in December, 2008, the following described land, improvements and appur tenances (hereinafter col lectively referred to as the “Premises”) to wit: All that lot, tract, or par cel of land, together with improvements thereon, lying and being in Land Lot 185 of the 10th Land District of Habersham County, Georgia, known, according to a plat of survey of the Town of Baldwin, Georgia, made by John A. Reynolds, as Lots 8, 9, 19, and 20 in Block Number Forty-three (43) as more fully shown on the plat of survey recorded in Plat Book JJ, Page 433 of the Habersham County, Georgia Plat Records. Reference to said plat and the record hereof is hereby made for a more complete description of said property. LESS AND EXCEPT that tract or parcel of land deeded by that certain Right of Way Deed to Georgia Department of Transportation, consist ing of 0.070 acres, more or less, dated February 21, 1996, as recorded in Deed Book 346, Page 563 of the Habersham County, Georgia Deed Records. This conveyance is made subject to all easements, covenants and restrictions of record, if any (the “Land”). Together with any and all of the following: (i) all buildings, structures and improvements now or here after located on the real property or on any part or parcel thereof and all fix tures affixed or attached, actually or constructively, thereto; (ii) all and singular the tenements, heredita ments, easements and appurtenances belonging thereunto or in any wise appertaining thereto and the reversion and rever sions, remainder or remain ders thereof; (iii) all Rents (as defined in the Security Deed) accruing therefrom, whether now or hereaf ter due; (iv) all accounts and contract rights now or hereafter arising in connec tion with any part or parcel thereof or any buildings, structures, or improvements now or hereafter located thereon, including with out limitation all accounts and contract rights in and to all leases or undertak ings to lease now or here after affecting the land or any buildings, structures, or improvements thereon; (v) all minerals, flowers, crops, trees, timber, shrubbery and other emblements now or hereafter located thereon or thereunder or on or under any part or parcel thereof; (vi) all estates, rights, title and interest therein, or in any part or parcel thereof; (vii) all equipment, machin ery, apparatus, fittings, fix tures, furniture, furnishings, mobile homes, modular homes and all personal property of every kind or description whatsoever now or hereafter located there on, or in or on the buildings, structures and improve ments thereon, and used in connection with the opera tion and maintenance there of, and all additions thereto and replacements thereof; and (viii) all building mate rials, supplies, goods and equipment delivered thereto and placed thereon for the purpose of being affixed to or installed or incorporated or otherwise used in the buildings, structures or other improvements now or here after located thereon or any part or parcel thereof. Due to the fact that the Premises are located wholly or partially in Habersham County, the Premises is simultaneously being advertised in the Northeast Georgian and will be sold before the Courthouse door in Habersham County. The indebtedness evi denced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable accord ing to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed. The Premises will be sold on an “as is, where is” basis without recourse against Lender and without rep resentation or warranty of any kind or nature whatso ever by Lender with respect thereto. The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in con nection therewith, includ ing attorneys’ fees (notice of intention to collect attor neys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or per sons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, sub ject to all restrictions, ease ments and other matters of record that are prior to the Security Deed and to which the Security Deed is sub ject and to any unpaid city, county and state ad valorem taxes or assessments relat ing to the Premises. To the best of the under signed’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in pos session of the Premises is the Grantor or tenants of the Grantor. UNITED COMMUNITY BANK As Attorney-in- Fact for R GERATONI PROPERTIES LLC James M. Ottley, Esq. Morris, Manning & Martin, L.L.P. 1600 Atlanta Financial Center 3343 Peachtree Road, N.E. Atlanta, Georgia 30326 (404) 233-7000 (NV6,13,20,27P4) Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of the power con tained in a Deed To Secure Debt executed and deliv ered by ELVIS HANLEY to ROBERT H. MCEVER, III and JACKIE WHITFIELD, dated October 24, 2003, and recorded in Deed Book 225, Page 157, Banks County, Georgia Records, and recorded securing a note of even date, and any other present or future indebtedness, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney-in-Fact for the said ELVIS HANLEY as pro vided in said Deed to Secure Debt, between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in December, to- wit; December 2, 2008: All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 2.811 acres, more or less, designated as Lot 5 and that 1.311 acres, more or less, designated as Lot 6 on a final plat for Hebron Oaks Subdivision prepared by Lank Surveying Services, Inc., James H. Hamlin, GA RLS No. 2382, dated June 23, 1989, and recorded in Plat Book 15, Page 5, 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 detailed description of the property. The debt secured by said Deed to Secure Debt, being in default, said pow ers contained therein will be exercised and the land will be sold as property of ELVIS HANLEY by the undersigned, as Attorney- in-Fact for the said ELVIS HANLEY. Said property shall be sold subject to any and all outstanding easements and right-of-way, restrictions of record, if any, and to all unpaid taxes and assess ments. The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent), and the bal ance, if any, shall be applied as provided in said Deed to Secure Debt. Proper con veyance will be made to the purchaser at the sale by the undersigned acting as Attorney-in-Fact for the said ELVIS HANLEY. This 22nd day of October, 2008. ROBERT H. MCEVER, III and JACKIE WHITFIELD As Attorney-in-Fact for ELVIS HANLEY Allen L. Lacey, Jr. Attorney at Law P. O. Box 356 Commerce, Georgia 30529 (706)335-7886 (NV6,13,20,27B/1324-40) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING TO COLLECT 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 VALERIE LORD and LOWELL LORD aka JAMES LORD to H & R BLOCK MORTGAGE CORPORATION, dated June 15, 2008, record ed in Deed Book 276, Page 447, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, National Association as Trustee for Securitized Asset Backed Receivables LLC 2006-OP1 Mortgage Pass-Through Certificates, Series 2006-OP1 by assign ment 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 princi pal amount of SEVENTY- NINE THOUSAND THREE HUNDRED AND 0/100 DOLLARS ($79,300.00), 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 December, 2008, the follow ing 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 indebt edness 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 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 hav ing 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, zon ing 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: American Home Mortgage Servicing Inc., 3 Ada, Irvine, CA 92618, 877- 304-3100. Please under stand that the secured cred itor 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 Valerie Lord and Lowell Lord or a tenant or tenants and said property is more commonly known as 261 Mcever Rd, Commerce, Georgia 30530. 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 confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, National Association as Trustee for Securitized Asset Backed Receivables LLC 2006-OP1 Mortgage Pass-Through continued on following page