Newspaper Page Text
WEDNESDAY, JANUARY 16, 2008
THE BANKS COUNTY NEWS
PAGE 9A
Public Notices Continued
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 pub
lic 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
situate 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 hereby 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 pay
ments 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 accu
rate 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 restric
tive 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 sta
tus 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 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 pub
lic 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, 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 existing 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
covenants 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 sta
tus of the loan with the holder of
the security deed.
Notice has been given of inten
tion to collect attorneys' fees in
accordance 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, record
ed in Deed Book 276, Page 693,
Banks County, Georgia Records,
conveying the after-described prop
erty to secure a Note in the orig
inal 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 possible 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, includ
ing attorneys fees (notice of intent
to collect attorneys fees having been
given).
Said property will be sold sub
ject to any outstanding ad valorem
taxes (including 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, cov
enants, and matters of record supe
rior 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 sta
tus 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 interest
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 hereby 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 pay
ments 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 accu
rate 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 restric
tive covenants, easements, rights-of-
way and any other matters of record
superior to said Security Deed. To
the best of the knankowledge 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 sta
tus 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 incorporat
ed herein by reference for a more
detailed description of said proper
ty. Said property is bounded accord
ing 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 personal property attached to
and constituting 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 ordi
nances, 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 sta
tus of the loan with the holder of
the security deed.
Notice has been given of inten
tion to collect attorney's fees in
accordance 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 presently in the possession
of Mitchell D. Morrow and Angelia
Morrow, and the proceeds of said
sale will be applied to the pay
ment 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 record
ed in Deed Book 174, Page 341,
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, sit
uate, 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 incor
porated herein and made a part
thereof 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
covenants 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 sta
tus of the loan with the holder of
the security deed.
Notice has been given of inten
tion to collect attorneys' fees in
accordance 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/ish-
effield
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)
Public Hearing
Notice
City of Lula
Subject: Public Hearing Notice
for Rezoning and Annexation of
Proposed Highland Lakes located in
Banks County on County Line Road
Railroad Avenue, Lula, Georgia
approximately 43.203+/- Acres
for consideration of Rezoning to a
Planned Unit Development District.
To Whom It May Concern:
Please be advised that pursuant
to rezoning application, a public
hearing has been scheduled before
the City Council of Lula on the 18th
day of February 2008, at 5:30 P.M.
at the Lula City Hall, 6055 Main
Street, Lula, Georgia.
To hear, Applicant; Butler Murphy
LLC, Gainesville Georgia
Request, Rezoning and Annexation
of Proposed Highland Lakes locat
ed in Banks County on County
Line Road Railroad Avenue, Lula,
Georgia, approximately 43.203+/
Acres for consideration of Rezoning
to a Planned Unit Development
District/PUD.
At said public hearing, all per
sons residing or owning property
in the City of Lula or in the area of
this lot may be heard concerning
the consideration of the variance(s)
request of these set back variance(s)
by the City of Lula. For those not
able to attend this public hearing
your views on this application may
be presented to the City of Lula in
writing prior to the public hearing.
As a reminder, the City, nor the
Mayor or Council has taken a posi
tion for or against this request at
the time of this letter being sent. The
City encourages your participation
in this fair and equitable process
and welcomes your involvement in
this orderly progression of the reso
lution to this particular application
as allowed by law.
Sincerely,
City of Lula, Georgia
Cc. File Applicant, Mayor, Council,
Legal, Engineering and Posted, Lula
City Hall
(JA16B/3816 3000)
Notice of
Public Hearing
Please take notice that the follow
ing applications have been received
by the Banks County Planning
Office:
Z-08-01 - Robert Holland -
Application to rezone proper
ty on Holland Drive from ARR,
Agricultural-Rural Residential to
C-2 for auto sales and equipment.
CU-08-01 - Joe & Cindy Tu -
Application for a conditional use to
build an additional poultry house
at 1500 Yonah Homer Road. This
property is zoned ARR, Agricultural,
Rural-Residential.
CU-08-02 - Joe & Cindy Tu -
Application for a conditional use to
build an additional poultry house
at 1492 Yonah Homer Road. This
property is zoned CAD, Commercial
Agricultural District Intensive.
Tabled item: CU-07-15 - Bradford
Leary - Application for a condition
al use permit for a home inspection
business as a home occupation at
132 Manor Place.
The above applications are on file
in the office of the Banks County
Planning Commission and avail
able for public review.
The Bank County Planning
Commission will hold a public
hearing on the matters on Tuesday,
February 5, 2008, at 7 p.m. in the
courtroom located at the Banks
County Courthouse in Homer,
Georgia.
The Bank County Commissioners
will hold a public hearing on the
matters on Tuesday, February 12,
2008 at 6:30 p.m. in the courtroom
at the Banks County Courthouse in
Homer, Georgia.
Interested persons are invited to
appear and comment.
This 16th day of January, 2008,
(JA16B/069 3000)
Pruitt Estate
Notice to Debtors and Creditors
All creditors of the Estate of JERRY
W. PRUITT, deceased, late of Banks
County, Georgia, are hereby noti
fied to render their demands to the
undersigned according to law, and
all persons indebted to said estate
are required to make immediate
payment to us.
This 7th day of January, 2008.
Louise B. Pruitt
Executor/Administrator
287 Neal Rd.
Commerce, GA 30530
(JA16,23,30FE6P4)
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 admin
istration 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 sched
uled at a later date. If no objec
tions 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)
The foreclosure adver
tisement deadline
for the March, 2008,
sale date is NOON
Thursday,
Jan.31, 2008.
Run dates are
Feb. 6,13,20,27, 2008.
Email ads to: legals@
mainstreetnews.com in
microsoft word
format, or
Fax ads to:
(706) 387-5431.