The Commerce news. (Commerce, Ga.) 1???-current, November 09, 2016, Image 23

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The Commerce news., November 09, 2016, Image 23

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Newspaper Page TextWEDNESDAY, NOVEMBER 9, 2016 THE BANKS COUNTY NEWS PACE 11B-B Banks County Legal Notices 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 a Deed to Secure Debt given by MARK GALLO WAY to AMERICAS WHOLESALE LEND ER , dated 12/28/1998, and Recorded on 06/05/2014 as Book No. 401 and Page No. 709, BANKS County, Georgia records, as last assigned to BANK OF AMERICA, N.A. (the Secured Creditor), by assignment, convey ing the after described property to secure a Note of even date in the original principal amount of $86,800.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Court house within the legal hours of sale on the first Tuesday in Decem ber, 2016, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN GMD 1580 LAND LOT NO. 204 OF THE TENTH LAND DIS TRICT OF BANKS COUNTY, GEOR GIA AND IN THE TOWN OF BALDWIN, KNOWN AND DESIG NATED AS LOT #4 OF THE OLD ORCHARD RIDGE PROPERTY OF HARRY PURVIS, AND MORE FULLY DESCRIBED AS FOL LOWS: COMMENCING AT A CORNER IN THE CENTER OF THE OLD ORCHARD RIDGE ROAD WITH LOT NO. 3 OF SAID PROPERTY; THENCE SOUTH 13 DEGREES 34 MINUTES EAST, 207.52 FEET ALONG THE CENTER OF SAID ROAD TO COR NER OF LOT NO. 5 OF SAID PROPERTY; THENCE SOUTH 70 DEGREES 34 MIN UTES WEST, 249.17 FEET WITH SAID LOT NO. 5 TO CORNER WITH LOT HEREIN AFTER DESCRIBED AS LOT 4 B; THENCE NORTH 19 DEGREES 26 MINUTES WEST, 205.90 FEET WITH SAID LOT NO. 4 B TO CORNER WITH LOT NO. 3 OF SAID PROPERTY; THENCE NORTH 70 DEGREES 34 MINUTES EAST, 271.18 FEET WITH LOT NO. 3 TO THE BEGINNING COR NER, ALL AS MORE FULLY SHOWN BY A PLAT OF SURVEY OF SAID OLD ORCHARD RIDGE PROPERTY PREPARED BY JOHN F. CAREY 6/58 AND RECORDED AMONG BANKS COUNTY, GEORGIA PLAT RECORDS IN BOOK 1 AT PAT 245. ALSO: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NO. 204 OF THE 10TH LAND DISTRICT OF BANKS COUNTY, GEORGIA AND IN THE TOWN OF BALD WIN ADJOINING LOT NO. 4 OF THE OLD RICHARD RIDGE PROPERTY OF HARRY PURVIS AND DESCRIBED AS LOT 4 B, THEREOF , MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT A CORNER COMMON TO LOTS 4 AND 5 OF SAID ORCHARD RIDGE PROPERTY OF HARRY PURVIS; THENCE SOUTH 70 DEGREES 34 MIN UTES WEST, 100 FEET TO CORNER; THENCE NORTH 19 DEGREES 26 MIN UTES WEST, 205.90 FEET TO CORNER; THENCE NORTH 70 DEGREES 34 MIN UTES EAST, 100 FEET TO CORNER; THENCE SOUTH 19 DEGREES 26 MIN UTES EAST, 205.90 FEET TO THE BEGIN NING CORNER, ALL MORE FULLY SHOWN BY PLAT DATED APRIL 22, 1960, AND RECORDED IN BOOK 1, PAGE 289, PLAT RECORDS OF BANKS COUNTY, GEORGIA. 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 indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose 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 attorney’s fees having been given). BANK OF AMERICA, N.A. holds the duly endorsed Note and is the current assignee of the Securi ty Deed to the property. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SER VICING, LP, acting on behalf of and, as nec essary, in consultation with BANK OF AMER ICA, N.A. (the current investor on the loan), is the entity with the full authority to negoti ate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. § 44 14 162.2, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SER VICING, LP may be contacted at: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SER VICING, LP, 7105 CORPORATE DRIVE, PLANO, TX 75024, 800 669 6650. Please note that, pursuant to O.C.G.A. § 44 14 162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowl edge and belief of the undersigned, the party/ parties in possession of the subject property known as 280 SUN RISE RIDGE, BALD WIN, GEORGIA 30511 is/are: MARK GALLO WAY or tenant/tenants. Said property will be sold subject 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 inspection of the prop erty, and (c) all mat ters of record superior to the Deed to Secure Debt first set out above, including, but not lim ited to, assessments, liens, encumbrances, zoning ordinances, easements, restric tions, covenants, etc. The sale will be con ducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bank ruptcy Code; and (2) 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 nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure docu ments may not be pro vided until final confir mation and audit of the status of the loan as provided in the preced ing paragraph. BANK OF AMERICA, N.A. as Attorney in Fact for MARK GALLOWAY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005435318 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398. (NV9,16,23,30B/19564-100T4P) Wiley Estate Notice to Debtors and Creditors All creditors of the Estate of JAMES LAMAR WILEY, SR., deceased, late of Banks County, Geor gia, are hereby noti fied to render in their demands to the under signed according to law, and all persons indebted to said estate are required to make immediate payment to us. THIS 24 day of Octo ber, 2016. Donald W. Wiley Executor/Administra tor 468 Lewis Cir. Commerce, GA 30529 (NV9,16,23,30P4) Notice Georgia, Banks County Probate Court M E L L I S S I A MCGRAW has peti tioned for the appoint ment of the County Administrator as Admin istrator of the estate of ERICA ASHLEY LEMUS, deceased, of said County for the sole purpose of making it possible to commence or continue a lawsuit against the estate of said decedent. If the petition is granted, the County Administrator shall be relieved by the Court from all liabilities, duties, and obligations otherwise imposed on the administrator of an estate, including, but not limited to, the mar shaling of assets, the publication of notice to creditors, the filing of an inventory, the fil ing of returns and the posting of a separate bond, except for these duties and obligations directly related to the acceptance of service of process and qualifi cation as administrator and other duties direct ly related to the lawsuit. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before Dec. 5, 2016. If any objec tions are filed, a hear ing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. By: Betty Thomas Honorable, Betty Thomas Judge, Probate Court, Banks County By: Vicki Dalton Clerk of the Probate Court 144 Yonah Homer Rd. Homer, GA 30547 706-677-6250 (NV9,16,23,30P4) | Notice of Public Hearing Please take notice that the following application has been received by the Banks County Planning Office: Z-16-04 - Larry Scott Griffith — An application to rezone 4.42 acres from ARR (agricultural rural residential) to C-2 for a racing equipment business. The property is located at map and parcel number B53F 032. V-16-03 - Stephen & Joan Kiser — An appli cation to reduce the required setback for four chicken houses to be located at 3729 Highway 63 Carnes- ville, Georgia 30521. The above applica tion is on file in the office of the Banks County Planning Com mission and available for public review. The office is locat ed at the courthouse annex at 150 Hudson Ridge, Homer. The Banks County Planning Commission will hold a public hear ing on the matter on Tuesday, November 22, 2016 at 6 p.m. in the board room at the Banks County Court house Annex at 150 Hudson Ridge. The Banks County Com missioners will hold a public hearing on the matter on Tuesday, November 29, 2016 at 6:30 p.m. in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge. Interested persons are invited to appear and comment. (NV2,9B/069-20) \ Sims Estate Notice to Debtors and Creditors In Re: Estate of Eve lyn R. Sims All creditors of the Estate of EVELYN R. SIMS, deceased, late of Banks County, are hereby notified to ren der in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment. THIS 21st day of October, 2016. Joy D. Bentley, Exec utor 489 Gene Crane Road Maysville, GA 30558 Dylan E. Wilbanks, Attorney 1215 S. Elm St. Commerce, Georgia 30529 (NV2,9,16,23B/19584-10) \ Notice of Petition to Change Name(s) of Minor Child(ren) In the Superior Court of Banks County State of Georgia Civil Action File No. 16CV-293-X In re the Name Change of Child(ren): Seven Michael Chan dler Amy Nicole Barnhart filed a petition in the Banks County Supe rior Court on October 19, 2016, to change the name(s) of the fol lowing minor child(ren) from SEVEN MICHAEL CHANDLER to SEVEN MICHAEL BARNHART. Any interested party, Christopher Michael Chandler, has the right to appear in this case and file objections with in the time prescribed in O.C.G.A. §§19-12- 1(f)(2) and (3). Dated: 10/19/16 By: Amy Nicole Barn hart Petitioner, Pro se 147 Buckeye Trails Dr. Commerce, GA 30530 This 19th day of October, 2016 BY: Jenny B. Massey Clerk Superior Court, Banks County, Georgia (0C26,NV2,9,16P4) Osborne Estate Notice to Debtors and Creditors All creditors of the Estate of MATTHEW SCOTT OSBORNE, deceased, late of Banks County, Geor gia, are hereby noti fied to render in their demands to the under signed according to law, and all persons indebted to said estate are required to make immediate payment to us. THIS 6th day of Octo ber, 2016. Leon Osborne Executor/Administra tor 4550 Hwy. 123 Toccoa, GA 30577 (0C26,NV2,9,16P4) Martin Estate Notice to Debtors and Creditors All creditors of the Estate of CAR RIE BELLE MARTIN, deceased, late of Banks County, Georgia, are hereby notified to ren der in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us. THIS 14th day of October, 2016. Carrie Hill Executor/Administra tor 891 Silver Schoals Rd. Lula, GA 30554 (0C26,NV2,9,16P4) Park Estate Notice to Debtors and Creditors All creditors of the Estate of JAMES RUS SELL PARK, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us. THIS 18th day of October, 2016. Myra P. Culbertson Executor/Administra tor 101 Alpine Way Greenville, SC 29609 (0C26,NV2,9,16P4) The Banks County News your source for legal, community and social news and upcoming events. Subscribe today by logging onto our website: mainstreetnews.com and choose “Subscribe”.