The Banks County news. (Homer, Banks County, Ga.) 1968-current, January 23, 2008, Image 16

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PAGE 6B THE BANKS COUNTY NEWS WEDNESDAY, JANUARY 23, 2008 Public Notices Continued 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 sub ject (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 under signed'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, recorded 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 there on 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 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 property described in said Security Deed including but not limited to the following 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, includ ing but not limited to the non payment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of pay ing 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 outstanding bills for public utilities which consti tute liens upon said property; all restrictive covenants, easements, rights-of-way and any other mat ters of record superior to said Security Deed. To the best of the knowledge and belief of the under signed, the party in possession of the property is Cheryl Shorkey and The Estate of Cheryl Shorkey or tenant(s). The sale will be conducted sub ject (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 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 designated as Tract 1, con taining 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, pro tective covenants or restrictions, liens, and other superior matters of record which may affect said property. The sale will be conducted sub ject (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 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 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 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, convey ing the after-described property to secure a Note in the origi nal 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, including attorneys fees (notice of intent to collect attor neys 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 dis closed 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 sub ject (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, con taining 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 contained 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 having 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 there on 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 property described in said Security Deed including but not limited to the following 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 incor porated 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, includ ing but not limited to the non payment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of pay ing 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; mat ters 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 knankowledge and belief of the undersigned, the party in possession of the property is Ricky Wilson or tenant(s). The sale will be conducted sub ject (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 collec tor. 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 Georgia, Banks County Because of default in the pay ment 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 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, situate, lying and being in the 208th and 465th Districts, G.M, Banks County, Georgia, containing 5.72 acres, more or less, as more particularly 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 incorporated herein and made a part thereof by refer ence for a more detailed descrip tion. 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, pro tective covenants or restrictions, liens, and other superior matters of record which may affect said property. The sale will be conducted sub ject (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 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 pro ceeds 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 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) Citation Georgia, Banks County Estate No. 2008-5 In Re: Petition of HAROLD CLIFFORD ARNOLD for Temporary Letters of Guardianship Estate of: LESLIE MICHELLE HOWARD, Minor To: UNKNOWN FATHER OF LESLIE MICHELL HOWARD You are hereby notified that a petition for the appointment of a temporary guardian has been filed regarding the above- named minor. All objections to the Petition described above either to the appointment of a tempo rary guardian or the appointment of the petitioner(s) as temporary guardian(s), must be in writing, setting forth the grounds of any such objections, and must be filed with this Court no later than 14 days after this notice is mailed, or 10 days after this notice is person ally served upon you, or ten days after the second publication of this notice, if you are served by publication. All pleadings must be signed before a notary public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number for the required amount of filing fees. NOTE: If a natural guardian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natural guardian files an objec tion to the appointment of the petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be held at a later date in the Probate Court of Banks County courtroom. Betty Thomas, Probate Judge By: Kathy Hill Probate Clerk/Deputy Clerk 144 Yonah Homer Rd., Ste. 7 Homer, GA 30547 706-677-6250 (JA23,30P2) Citation Georgia, Banks County Estate No. 2008-6 In Re: Petition of RAYMOND CARTER for Temporary Letters of Guardianship Estate of: GREGORY CARTER, Minor To: TOMMY CARTER & SHANNON PARKS You are hereby notified that a petition for the appointment of a temporary guardian has been filed regarding the above- named minor. All objections to the Petition described above either to the appointment of a tempo rary guardian or the appointment of the petitioner(s) as temporary guardian(s), must be in writing, setting forth the grounds of any such objections, and must be filed with this Court no later than 14 days after this notice is mailed, or 10 days after this notice is person ally served upon you, or ten days after the second publication of this notice, if you are served by publication. All pleadings must be signed before a notary public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number for the required amount of filing fees. NOTE: If a natural guardian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natural guardian files an objec tion to the appointment of the petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be held at a later date in the Probate Court of Banks County courtroom. Betty Thomas, Probate Judge By: Kathy Hill Probate Clerk/Deputy Clerk Banks County Probate Court 144 Yonah Homer Rd., Ste. 7 Homer, GA 30547 706-677-6250 (JA23,30P2) Pruitt Estate Notice to Debtors and Creditors All creditors of the Estate of JERRY W. PRUITT, deceased, late of Banks County, Georgia, are hereby notified 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 objections to the petition must be in writing, setting forth grounds of any such objections. If any objec tions are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hear ing. 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 advertisement dead line for the March, 2008, sale date is NQQN Thursday, Jan. 31, 2008. Run dates are Feb. 6,13,20,27, 2008. Email ads to: legals@mainstreet- news.com in micro soft word format, or Fax ads to: (706) 387-5431.