The Banks County news. (Homer, Banks County, Ga.) 1968-current, January 09, 2008, Image 10

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PAGE 10A THE BANKS COUNTY NEWS WEDNESDAY, JANUARY 9, 2008 Public Notices Continued ters 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 sale will be conducted subject (1) to confirmation 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. The property will be sold as the property of STEVEN STALKER, who, to the best of the undersigned's knowledge and belief, is the party in possession of said property. FIRST GEORGIA BANKING COMPANY, as Attorney-in-Fact for STEVEN STALKER 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 OBTAINED WILL BE USED FOR THAT PURPOSE. (JA9,16,23,30B/1326 6000) Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of a Power of Sale contained in that certain Security Deed from CHERYL SHORKEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for AMERICAN RESIDENTIAL MORTGAGE CORP., dated December 1, 2004, record ed December 17, 2004, in Deed Book 249, Page 868, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original prin cipal amount of ONE HUNDRED SIXTY FOUR THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS ($164,700.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Wells Fargo Bank, N.A., as Indenture Trustee for the Registered Holders of IMH Assets Corp., Collateralize D Asset- Backed Bonds, Series 2004-11, 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 February, 2008, all property described in said Security Deed including but not lim ited to the following described prop erty: All that tract or parcel of land situ ate in the 207th GMD Banks County, State of Georgia, being known and designated as Lot 24 containing 7.30 acres as shown on the plat of survey as prepared by J. Albert Minish, by Max Lewallen, Registered Surveyor, dated March 20, 1992, recorded in Plat Book A at Page 33 in the Office of the Clerk of Superior Court, Banks County, Georgia. This being a part of the subdivision of land known as Hudson River Estates. Said property is commonly known as 721 Borders Road, Commerce, Georgia 30530. The indebtedness secured by said Security Deed has been and is here by declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstand ing bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Cheryl Shorkey and The Estate of Cheryl Shorkey or tenant(s). The sale will be conducted subject (1) to confirmation 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, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF IMH ASSETS CORP., COLLATERALIZE D ASSET-BACKED BONDS, SERIES 2004-11 as Attorney-in-Fact for CHERYL SHORKEY Contact: Glen D. Rubin Adorno & Yoss, L.L.C. Two Midtown Plaza 1349 West Peachtree Suite 1500 Atlanta, GA 30309 TEL (888) 890-5309 ADORNO File No. 215400.1039 THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (JA9,16,23,30B/13997 6000) Notice of Sale Notice of Sale Under Power Georgia, Banks County Because of default in the pay ment of the indebtedness, secured by a Security Deed executed by DARRELL DAVID PARKER and MARY KATHERINE PARKER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 1, 2006, in the amount of $166,500.00, and recorded in Deed Book 292, Page 558, Banks County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment; the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale con tained in said deed, will on the first Tuesday in February, 2008, dur ing the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the high est bidder for cash, the property described in said deed to-wit: All that tract or parcel of land, with all improvements thereon, lying and being in the 265th G.M. District, Banks County, Georgia, being des ignated as Tract 1, containing 5.04 acres, more or less, as shown on a plat of survey for Donaldson Dodge and Laberta L. Dodge, by W.T. Dunahoo and Associates, Inc., GRLS, dated April 7, 1994, recorded in Plat Book 21, Page 79, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to exist ing assessments and rights of way for public roads and utilities now in use. which has the property address of 211 Dodge Hill Road, Maysville, Georgia, together with all fixtures and other personal property con veyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights- of-way, easements, protective cove nants or restrictions, liens, and other superior matters of record which may affect said property. The sale will be conducted subject (1) to confirmation 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 attorneys' fees in accor dance with the terms of the note secured by said deed. Said property will be sold as the property of Darrell David Parker and Mary Katherine Parker and the proceeds of said sale will be applied to the payment of said indebted ness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc. Attorney-in-Fact for Darrell David Parker and Mary Katherine Parker Anthony DeMarlo, Attorney/ smitchell McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 07-17525 /CONV THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (JA9,16,23,30B/1325 5000) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by ANGELINA N. BROWN to SUNTRUST MORTGAGE, INC., dated February 28, 2006, recorded in Deed Book 276, Page 693, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVEN HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($710,000.00), 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 February, 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 pos sible 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 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 attorneys 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, 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 undersigned, the party in pos session of the property is Angelina N. Brown and Cornerstone Groups & Associates, LLC or a tenant or tenants and said property is more commonly known as Lot 15/16 Hammer's Glen/The R, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation 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. SunTrust Mortgage, Inc. as Attorney-in-Fact for Angelina N. Brown McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/saf 2/5/08 Our file no. 52268707-FT2 EXHIBIT A All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, being designated as Lot 15, contain ing 1.00 acre, more or less, and Lot 16, containing 1.00 acre more or less, as shown on a plat of survey for Hammer's Glen "The Reserve", by Lovell, Duvall, Miller & Associates, Inc., Kenyon L. Miller GRLS #2595, dated December 1, 2003, recorded in Plat Book E, page 12, in the Office of the Clerk of the Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of way for public roads and utilities now in use. (JA9,16,23,30B/12062 6000) Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of a Power of Sale con tained in that certain Security Deed from RICKY WILSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for America's Wholesale Lender, dated December 22, 2004, recorded January 3, 2005, in Deed Book 250, Page 550, Banks County, Georgia Records, said Security Deed hav ing been given to secure a Note of even date in the original principal amount of One Hundred Thirty Five Thousand Two Hundred and 00/100 Dollars ($135,200.00), with inter est thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Mortgage Electronic Registration Systems, Inc., 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 February, 2008, all prop erty described in said Security Deed including but not limited to the fol lowing described property: All that tract or parcel of land lying and being in the 1580 GMD, Banks County, Georgia, being Lot 2 Hickory Knoll Subdivision, as per plat recorded in Plat Book B, Page 13 of the Banks County Deed records, which plat is incorporated herein by reference for a more complete description of said property. Said property is commonly known as 102 Timber Ridge Lane, Alto, Georgia 30510. The indebtedness secured by said Security Deed has been and is here by declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold sub ject to the following items which may affect the title to said prop erty: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Ricky Wilson or tenant(s). The sale will be conducted subject (1) to confirmation 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. The above law firm is acting as a debt collector. Any information obtained will be used for that purpose. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for RICKY WILSON Contact: Glen D. Rubin Adorno & Yoss, L.L.C. Two Midtown Plaza 1349 West Peachtree Suite 1500 Atlanta, GA 30309 WWW.ADORNO.COM/ ATLDOCS/SALES.HTML TEL (888) 890-5309 ADORNO File No. 215400.1346 (JA9,16,23,30B/13997 6000) Notice of Sale Notice of Sale Under Power State of Georgia County of Banks Because of a default in the pay ment of the indebtedness secured by a Security Deed executed by MITCHELL D. MORROW and ANGELIA MORROW to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 23, 2006, and recorded in Deed Book 289, Page 271, Banks County Records, said Security Deed hav ing been last sold, assigned, trans ferred and conveyed to US Bank National Association as Trustee, by Assignment records securing a Note in the original principal amount of $136,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, February 5, 2008, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that tract or parcel of land lying and being in the 465th GMD Banks County, City of Maysville, Georgia, containing 0.94 acres, being more fully shown and described on a plat of survey dated March 17, 1992, prepared by William S. Holbrook, Registered Surveyor #2063, for Faye Kennedy, recorded in Banks County, Georgia records in Plat Book 16, Page 244, said plat is incorporated herein by reference for a more detailed description of said property. Said property is bounded according to said plat as follows: on the North by Mcclure; on the East by Mcclure; on the South by Ridgeway Church Road right of way, and on the west by lands of Michael C. and Robin L. Haylor. Said property is known as 29 Comer Street, Maysville, GA 30558, together with all fixtures and per sonal property attached to and con stituting a part of said property, if any. Said property will be sold sub ject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any mat ters 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 sale will be conducted subject (1) to confirmation 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 attorney's fees in accor dance with the terms of the Note secured by said Deed. Said property will be sold as the property of Mitchell D. Morrow and Angelia Morrow, the property, to the best information, knowledge and belief of the undersigned, being pres ently in the possession of Mitchell D. Morrow and Angelia Morrow, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. US Bank National Association as Trustee as Attorney-in-Fact for Mitchell D. Morrow and Angelia Morrow File no. 07-7687 L. J. SWERTFEGER, JR. SHAPIRO & SWERTFEGER, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 (770) 220-2730/MH www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS] (JA9,16,23,30B/1323 6000) Notice of Sale Notice of Sale Under Power Georgia, Banks County Because of default in the payment of the indebtedness, secured by a Security Deed executed by DENISE D. REED and JAMES R. REED to MORTGAGE PORTFOLIO SERVICES, INC. dated June 13, 2001 in the amount of $40,000.00, and recorded in Deed Book 174, Page 341, Banks County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assign ment; the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in February, 2008, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that tract or parcel of land with all improvements thereon, situ ate, lying and being in the 208th and 465th Districts, G.M, Banks County, Georgia, containing 5.72 acres, more or less, as more par ticularly shown on a plat of survey prepared for James Short by Allen L. Venable, Jr., registered surveyor, dated August 11, 1987, recorded at Plat Book 13, Page 128, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorpo rated herein and made a part there of by reference for a more detailed description. which has the property address of 500 Grove Level Road, Commerce, Georgia, together with all fixtures and other personal property con veyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights- of-way, easements, protective cove nants or restrictions, liens, and other superior matters of record which may affect said property. The sale will be conducted subject (1) to confirmation 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 attorneys' fees in accor dance with the terms of the note secured by said deed. Said property will be sold as the property of Denise D. Reed and James R. Reed 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 purchaser as provided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc. Attorney-in-Fact for Denise D. Reed and James R. Reed Anthony DeMarlo, Attorney/ishef- field McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 07-19642 /CONV THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (JA9,16,23,30B/1325 5000) Daniel Estate Probate Court of Banks County Notice Re: Petition of DONALD R. DANIEL to probate in solemn form the will of LOLA J. DANIEL, deceased, and for letters of administration with will annexed, upon which an order for service was granted by this Court on January 1, 2008. All interested parties and all and singular the heirs of said decedent, the beneficiaries under the pur ported Will, and to whom it may concern: This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before February 4, 2008, 10:00 a.m. BE NOTIFIED FURTHER: All objec tions to the petition must be in writ ing, setting forth grounds of any such objections. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. Betty Thomas Probate Judge By: Kathy Hill Clerk of the Probate Court Banks County Probate Court 144 Yonah-Homer Rd. Suite 7 Homer, GA 30547 706-677-6250 (JA9,16,23,30P4) Inc. Notice Notice is given that Articles of Incorporation which will incorporate BHF PROFESSIONAL SERVICES, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code (O.C.G.A. Sec. 14-2-201.1). The initial registered office of the corporation will be located at 30 Homer Street, Maysville, Banks County, Georgia 30558, and its ini tial registered agent at such address is Brandy H. Freeman. (JA2,9P2) Advertisement for Bids Department of Transportation State of Georgia Federal Project No. CSSFT-0008-00 (488) 01 Banks, Barrow, Gwinnett, Jackson Counties Sealed proposals for furnishing all labor, material, equipment and other things necessary for the fol lowing work will be received by the undersigned at the General Office of the Department of Transportation, 2 Capitol Square, Atlanta, Georgia, 30334, until 11:00 a.m., January18, 2008 and publicly opened. 41.320 Miles of cable barrier and guardrail installation on I-85/SR 403 beginning at SR 20 and extending to the Franklin County Line. (FOS) Contract Time: 04/30/09; Proposal Guaranty: 5%; District Office: Gainesville; Price of Plans: $ Included in Proposal; DBE: 12.00 Plans and specifications may be inspected at the general office in Atlanta and the district office indi cated. Copies of the standard specifi cations ($20.00), the proposal form ($10.00), and the plans (indicated price) may be obtained from the State Transportation Office Engineer at the General Office in Atlanta, telephone number (404) 656-5293. Payment of the correct amount must be made within 30 days of billing; such payments are not refundable. Payment will be made to the con tractor each calendar month based on the estimated work complete in place as prescribed by the standard specifications. The state reserves the right to reject any or all bids. Harold E. Linnenkohl, Commissioner Department of Transportation (JA2,9B/238 3000) Cruce Estate Notice to Debtors and Creditors All creditors of the Estate of THOMAS ALVIN CRUCE, JR., deceased, late of Banks County, Georgia, are hereby notified to ren der in their demands to the under signed according to law, and all persons indebted to said estate are required to make immediate pay ment to us. This 11th day of December, 2007. J. David Felt Jr. Executor/Administrator 1361 Jennings Mill Rd. Ste. 410 Bogart, GA 30622 (DC19,26,JA2,9P4) Email notices to: legals@mainstreetnews. com. The Banks County News — your source for legal, community and social news and upcoming events. Subscribe today by calling Debbie Castellaw at (706) 367-5233.