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PAGE 8A THE BANKS COUNTY NEWS THURSDAY, NOVEMBER 20, 2008 Dared for John W. Thomas and Barbara M. Thomas ay Max Jackson Lewallen, Registered Land Surveyor ¥2067, under date of January 3, 2006, and being ■ecorded in Plat Book 30, 3 age 118 in the Office of the Slerk of the Superior Court Df Banks 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 J\l. 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 the Daymentofan indebtedness secured by a security deed axecuted by MICHAEL B. DUNE and LINDA CLINE :o W.R. WILLIAMSON and SHARON WILLIAMSON dated April 27, 2006, and ecorded at Deed Book 332, Page 392, Banks Dounty Records securing a note in the original princi- Dal amount of $340,734.31 A/ith interest thereon from said date at the rate stated n said note on the unpaid aalance until paid, there will ae sold by the undersigned at public outcry to the high- ast bidder for cash before :he Courthouse at Banks Dounty, Georgia within :he legal hours of sale on Euesday, December2,2008 :he property described as Allows: All that tract or parcel of and lying and being in the 207 District, G.M., Banks Dounty, Georgia, contain- ng 38.05 acres and desig nated as Tract #6 according :o a plat of survey pre- aared by Farley-Collins & Associates, Georgia Registered Land Surveyors, dated September 1, 1976, and recorded at Plat Book 9, Page 113 Banks County, Seorgia records. Reference s made to said plat of sur- /ey 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 Df, among other possible avents of default, failure :o make payments of said ndebtedness. The indebt- adness remaining in default :he sale will be made for :he purpose of paying the same and all expenses of :he sale, including attorney : ees. Said property will be sold subject to any outstanding ad valorem taxes (including axes which are not yet due and payable), any matters A/hich might be disclosed Dy an accurate survey and nspection of the premises, any assessments, liens and encumbrances, zon- ng ordinances, restrictions and easements superior to :he security deed set out above. To the best knowledge and belief of the under signed, the party in pos session of the property is :he debtors first mentioned above, or a tenant or ten ants in possession. W. R. Williamson Sharon Williamson Attorneys in fact for Vlichael B. and Linda B. Dline John Terry Brown Attorney at Law Post Office Box 423 Commerce. Georgia 30529 706-335-6800 THE LAW FIRM IS ACT- NG AS A DEBT COLLEC- rOR ANY INFORMATION DBTAINED 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 :he 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 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 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, 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 restric tions 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 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 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 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 build ings, 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 whol ly 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 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 con nection therewith, including 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 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 mat ters 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 assess ments 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 Attomey-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 addition to interest accru ing, there will be sold at public outcry to the high est 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 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, 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 amend ed, having been sent), and the balance, if any, shall be applied as provided in said Deed to Secure Debt. Proper conveyance will be made to the purchaser at the sale by the under signed 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) 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 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 fol lowing 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 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, 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, CA92618, 877- 304-3100. Please under stand 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 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 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 property 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 referenced 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 Ray Jacobs, Jr. and Lisa L. Jacobs, prepared by ven- able and associates, regis tered land surveyor, said plat is recorded in Plat Book 14, Page 188, Banks County Records and is incorporat ed herein by reference for a more complete description, this conveyance is subject to all easement and rights of way for road and utilities now in use along with all easements and restrictions of record. Less and except: proper ty referenced in Book 156; Page 86-88 All that tract or parcel of land lying and being in Banks County, Georgia, G.M.D. 207, being desig nated as tract two, con taining 0.38 acres accord ing to a survey for Jimmie Ray Jacobs, Jr. and Lisa L. Jacobs. Prepared by venable and associ ates, G.R.L.S. said plat is recorded in Plat Book 14, Page 188, Banks County Records and is incorporat ed herein by reference for a more complete description. This conveyance is subject to all easements and rights of way for roads and utilities now in use along with all easements and restrictions of record. Less and except that .38 acres tract con veyed to Phillup Beard and Kevin Pugh by Lowell Lord, as per that limited warran ty deed dated 04/22/2000 and recorded 04/24/2000 in Book 156 and Page 86. Parcel No. B82009 (NV6,13,20,27B/12062-90T1P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Banks County Because of default in the payment of the indebt edness secured by a Security Deed executed by MILTON A CAMPBELL aka MILTON A. CAMPBELL, JR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 7, 2008, in the amount of $150,220.00, and recorded in Deed Book 324, Page 423, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the under signed, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebted ness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 2008, dur ing the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bid der for cash, the property described in said deed to- wit: All that tract or parcel of land lying and being in the 265th GMD of Banks County, Georgia and con taining 3.1373 Acres, more or less, as shown on a plat of survey prepared by James Robert Cheatham, RLS, dated May 1, 1995, and recorded in the Office of the Clerk of the Superior Court for Banks County, Georgia Records in Plat Book 19, Page 195, refer ence to said plat is being made for a more full and complete description. which has the property address of 1041 GA Hwy. 51 S., Homer, Georgia, together with all fixtures and other personal property conveyed by said deed. The sale will be held sub ject to any unpaid taxes, assessments, rights-of-way, easements, protective cov enants or restrictions, liens, and other superior matters of record which may affect said property. 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. Notice has been given of intention to collect attor neys’ fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Milton A Campbell aka Milton A. Campbell, JR and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the pur chaser as provided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Milton A Campbell aka Milton A. Campbell, JR Anthony DeMarlo, Attorney/ajackson McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler. com File No. 08-22871 /FHA THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS AT- TEMPTING TO COLLECT A DEBT. ANY INFORMA- TION OBTAINED WILL BE USED FOR THAT PURPOSE. (NV6,13,20,27B/1325-50) gpn20 Legal Notice Superior Court of Banks County State of Georgia In the Matter of: The 2008 Tax Digest for Banks County, Georgia Civil Action File No. 08-CV-612A Petition for Order continued on following page