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THURSDAY, NOVEMBER 1 3, 2008 THE BANKS COUNTY NEWS PAGE 5B Decause of, among other Dossible events of default, : ailure to pay the indebted ness as and when due and n the manner provided n the Note and Security Deed. The debt remaining n default, this sale will be nade for the purpose of Daying the same and all sxpenses of this sale, as Drovided in Security Deed and by law, including attor neys fees (notice of intent :o collect attorneys fees naving been given). Said property will be sold subject to any outstanding ad valorem taxes (includ- ng taxes which are a lien, nut not yet due and pay able), any matters which nnight be disclosed by an accurate survey and nspection of the property, any assessments, liens, ancumbrances, zoning ardinances, restrictions, sovenants, and matters Df record superior to the Security Deed first set out above. The entity that has iill authority to negoti ate, amend, and modify all terms of the mortgage with the debtor is: Flagstar Bank, F.S.B., 5151 Borporate Drive, Troy, Ml 18098, 800-945-7700. ^lease understand that :he secured creditor is not •equired by law to nego- :iate, amend, or modify :he terms of the mortgage nstrument. To the best knowledge and belief of the under signed, the party in pos session of the property s Brittany A. Herrin and Baleb Herrin or a tenant or :enants and said property s more commonly known as 750 Rock Springs Rd., Lula, Georgia 30554. The sale will be conduct- ad subject (1) to confirma- :ion that the sale is not orohibited under the U.S. Bankruptcy Code and (2) :o final confirmation and audit of the status of the oan with the holder of the security deed. Flagstar Bank, FSB as \ttorney in Fact for Brittany Herrin McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline. iet MR/tah 12/2/08 Our file no. 52311208- r T2 EXHIBIT A All that tract or parcel Df land lying and being n the 448th GMD, Banks Bounty, Georgia desig- iated as Lot 4, containing 1.00 acre, more or less, as shown on that Plat of Survey prepared for John A/. Thomas and Barbara M. Thomas by Max Jackson .ewallen, Registered Land Surveyor #2067, under late of January 3, 2006, and being recorded in ^lat Book 30, Page 118 n the Office of the Clerk Df the Superior Court of 3anks County, Georgia leed records. Said plat s incorporated herein for a more full and complete egal description. This is that same prop arty conveyed to William 3lake Thomas from John A/. Thomas and Barbara VI. Thomas via Warranty Deed dated July 7, 2006 and recorded on July 19, 2006 in Deed Book 285, 3 age 583 of the aforewrit- :en deed records. (NV6,13,20,27B/12062-70T1P) gpn11 Notice of Sale Notice of Sale Under Power State of Georgia County of Banks Because of a default in :he payment of an indebt- adness secured by a security deed executed Dy 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 princi pal 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 under signed at public outcry 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 fol lows: 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 indebtedness remain ing 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 under signed, the party in pos session of the property is the debtors first mentioned above, or a tenant or ten ants in possession. 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 ISACT- INGAS A DEBT COLLEC- TOR ANY INFORMATION OBTAINED WILL BE USED FOR THAT PUR- POSE. (NV6,13,20,27P4) gpn11 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 HUNDRED THIRTY- 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 attor- ney-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 the first Tuesday in December, 2008, the following described land, improve ments and appurtenanc es (hereinafter collec tively 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 sur vey 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 prop erty. LESS AND EXCEPT that tract or parcel of land deeded by that cer tain Right of Way Deed to Georgia Department of Transportation, consisting 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 restric tions of record, if any (the “Land”). Together with any and all of the following: (i) all buildings, structures and improvements now or hereafter located on the real property or on any part or parcel thereof and all fixtures affixed or attached, actually or constructively, thereto; (ii) all and singu lar the tenements, here ditaments, easements and appurtenances belong ing thereunto or in any wise appertaining thereto and the reversion and reversions, remainder or remainders thereof; (iii) all Rents (as defined in the Security Deed) accru ing therefrom, whether now or hereafter due; (iv) all accounts and contract rights now or hereafter aris ing in connection with any part or parcel thereof or any buildings, structures, or improvements now or hereafter located thereon, including without limitation all accounts and contract rights in and to all leases or undertakings to lease now or hereafter affecting the land or any buildings, structures, or improve ments thereon; (v) all min erals, flowers, crops, trees, timber, shrubbery and other emblements now or here after located thereon or thereunder or on or under any part or parcel there of; (vi) all estates, rights, title and interest therein, or in any part or parcel thereof; (vii) all equipment, machinery, apparatus, fit tings, fixtures, furniture, furnishings, mobile homes, modular homes and all personal property of every kind or description what soever now or hereafter located thereon, or in or on the buildings, structures and improvements there on, and used in connec tion with the operation and maintenance thereof, and all additions thereto and replacements thereof; and (viii) all building materials, supplies, goods and equip ment delivered thereto and placed thereon for the pur pose of being affixed to or installed or incorporated or otherwise used in the buildings, structures or other improvements now or hereafter located there on or any part or parcel thereof. Due to the fact that the Premises are locat ed wholly or partially in Habersham County, the Premises is simultane ously 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 according 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 with out representation or war ranty of any kind or nature whatsoever 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 connec tion therewith, including attorneys’ fees (notice of intention to collect attor neys’ fees having been given), then to the pay ment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or per sons legally entitled there to, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating 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 possession 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) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of the power contained in a Deed To Secure Debt executed and delivered 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 addi tion to interest accruing, there will be sold at public outcry to the highest bid der for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney-in-Factforthe said ELVIS HANLEY as provid ed in said Deed to Secure Debt, between the hours of 10:00 A.M. and 4:00 PM. 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 pre pared 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, restric tions of record, if any, and to all unpaid taxes and assessments. The proceeds from said sale will be applied to the payment of the above- styled indebtedness, the expenses of the pro cedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent), and the balance, 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. ROBERTH. 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) gpn11 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 assignment to be record ed 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 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 fol lowing described property: SEE EXHIBIT A ATTACHED HERETOAND 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 indebted ness 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 (includ ing taxes which are a lien, but not yet due and pay able), 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: American Home Mortgage Servicing Inc., 3 Ada, Irvine, CA 92618, 877-304-3100. Please understand that the secured creditor is not required by law to nego tiate, 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 conduct ed subject (1) to confirma tion 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 Certificates, Series 2006-OP1 as Attorney in Fact for Valerie Lord and Lowell Lord aka James Lord McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline. net MR/ho 12/2/08 Our file no. 52362108- FT1 EXHIBIT A All that certain prop erty situated in city of Commerce in the County of Banks, and state of GA and being described in a deed dated 01/25/1996 and recorded 01/26/1996 in Book 103 Page 231 among the land records of the county and state set forth above, and refer enced as follows: All that tract or parcel of land lying and being in Banks County, Georgia, G.M.D 207, being desig nated as tract 1, contain ing 0.69 acres, more or less, and tract 2, contain ing 0.38 acres, more or less, and being 1.07 acres in the aggregate accord ing to a survey for Jimmie continued on following page