Newspaper Page Text
WEDNESDAY, FEBRUARY 20, 2008
THE BANKS COUNTY NEWS
PAGE 5B
public notices & legal records
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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 DEREK C. MUNROE and
JENNIFER D. MUNROE to THE
MORTGAGE PEOPLE CO., dated
January 7, 2003, recorded in Deed
Book 206, Page 138, Banks County,
Georgia Records, as last transferred
to National City Mortgage Co.
by assignment recorded in Deed
Book 207, Page 479, Banks County,
Georgia Records, conveying the
after-described property to secure
a Note in the original principal
amount of TWO HUNDRED FIFTY
THOUSAND AND 0/100 DOLLARS
($250,000.00), 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 March, 2008, the follow
ing 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 ordi
nances, 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 Derek C.
Munroe and Jennifer D. Munroe or
a tenant or tenants and said prop
erty is more commonly known as
118 Harmony Valley Drive, Alto,
Georgia 30510.
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.
National City Real Estate Services
LLC sbm National City Mortgage,
Inc. fka National City Mortgage
Co. as Attorney-in-Fact for Derek C.
Munroe and Jennifer D. Munroe
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jtm 3/4/08
Our file no. 5151907-FT7
EXHIBIT A
All that tract or parcel of land
lying and being in Land Lots 217
and 220 of the 10th Land District of
Banks County, Georgia, designated
as Tract 1, containing 10.00 acres,
more or less, as shown on a plat of
survey prepared by Lovell, Duvall,
Miller 7 Assoc., Inc., R.S. under
date of July 2, 2001, a copy of said
plat being of record in the Office
of the Clerk of Superior Court of
Banks County, Georgia, in Plat Book
26 Page(s) 45, to which said plat
and the record thereof reference is
hereby made for a more complete
description.
Subject to all other easements, cov
enants and restrictions of record.
Less and Except property con
veyed in that certain Right of Way
Deed recorded in Deed Book 300,
Page 724, aforesaid records.
(FE6,13,20,27B/12062 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
AMANDA CRAIG and BRIAN W.
CRAIG to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. dated
September 14, 2005, in the amount
of $351,000.00, and recorded in
Deed Book 266, Page 465, 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
March, 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
lying and being in the 265 GMD of
Banks County Georgia, being 1.55
acres more or less as evidenced by
plat of survey by Max Lewallen,
licensed engineer and surveyor,
Georgia Registered Land Surveyor #
2067, recorded in Plat Book 26, Page
25 of the Banks County, Georgia
Deed Records, said plat being incor
porated herein by reference.
which has the property address of
1887 Yonah Homer Road, Lula,
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 cov
enants 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 Amanda Craig and
Brian W. Craig 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 Amanda Craig
and Brian W. Craig
Anthony DeMarlo, Attorney/apat-
terson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-00914 /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.
(FE6,13,20,27B/1325 5000)
Notice of
Public Hearing
Please take notice that the follow
ing applications have been received
by the Banks County Planning
Office:
V-08-01 - Four Square Diversified
Investments LLC - Application for
a variance for a restaurant reduc
tion at 30533 Hwy. 441 South. This
property is zoned C-2, General
Commercial.
CU-08-03 - Joe & Cindy Tu -
Application for a conditional use
application for poultry farm meat
processing at 1500 Yonah Homer
Road. This property is zoned ARR,
Agricultural, Rural-Residential.
Tabled item:
Z-08-01 - Robert Holland -
Application to rezone property on
Hwy. 52 from ARR, Agricultural-
Rural Residential to C-2 for auto
sales and equipment.
The above applications are on file
in the office of the Banks County
Planning Commission and available
for public review.
The Banks County Planning
Commission will hold a public hear
ing on the matters on Tuesday, March
4, 2008, at 7 p.m., in the court
room located at the Banks County
Courthouse in Homer, Georgia.
The Banks County Commissioners
will hold a public hearing on the
matters on Tuesday, March 11, 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 13th day of February, 2008,
(FE20B/069 2000)
Name Change
Notice of Petition
to Change Name
In the Superior Court
of Banks County
State of Georgia
Civil Action File Number:
08CV088X
In Re: Petition of Sandra Diane
Franklin as next friend for name
change of William Ryan Brendle to
William Ryan Franklin
The name of the Petitioner is
SANDRA DIANE FRANKLIN.
The name of the person
whose name is to be changed is
WILLIAM RYAN BRENDLE. The new
name desired is WILLIAM RYAN
FRANKLIN.
The Petition for Name Change
is pending in the Superior Court
of Banks County, Georgia, having
been filed on the 13 day of February,
2008.
Any interested or affected party
may appear and file objections in
said Court as allowed by law.
Respectfully submitted,
Winslow H. Verdery, Jr.
State Bar Number 727050
Attorney for Petitioner
P.O. Box 1556
Cornelia, Georgia 30531
(706) 778-1800
(FE20,27,MA5,12P1000)
Trade Name
Trade Name Registration
State of Georgia
County of Banks
The undersigned does hereby
certify that GRADY J. STATON is
conducting a business as STAFF
SUPPORT & CONSULTATION, in the
city of , County of Banks, in the
State of Georgia, under the name of
STAFF SUPPORT & CONSULTATION
and that the nature of the busi
ness is assisting personal property
tax offices and audit consultations
and that the name and addresses
of the persons, firms or partner
ship owning and carrying on said
trade or business is Grady J. Staton,
230 Garrison Shoals Rd., Lula, GA
30554.
By: Grady J. Staton, Owner
(FE20,27/P1000)
Name Change
The Superior Court
for the County of Banks
State of Georgia
Civil Action No.: 08-CV-065X
In Re: Osvaldo Ledezma
Virginia Torres, Petitioner
Notice of Name Change
PLEASE TAKE NOTICE that on
the 31st day of January, 2008,
VIRGINIA TORRES filed a Petition
in the Superior Court of Banks
County, Georgia, seeking to change
the name of her minor son from
OSVALDO LEDEZMA to OSVALDO
TORRES. Any interested or affected
party has the right to appear and
file objections. At the expiration of
sixty (60) days from the date the
first day of publication, upon proof
of publication, and if no objection is
filed, the Court shall proceed to hear
and determine all matters raised by
said Petition.
(FE20,27,MA5,12P1000)
Inc. Notice
Notice is given that Articles of
Incorporation which will incorpo
rate TIM SIMMONS ELECTRIC, INC.
have been delivered to the Secretary
of State for filing in accordance with
the Georgia Business Corporation
Code. The initial registered office of
the corporation is located at 402 Hill
Road, Baldwin, Georgia, and its ini
tial registered agent at such address
is Tim Simmons.
(FE20,27P2)
Woods Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ED
WOODS, 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 me.
This 12th day of February, 2008.
By: Edna Goodwin, Administrator
Estate of Ed Woods, Deceased
Care of:
Daniel J. Cahill, Jr.
Graham Law Firm, LLC
P.O. Drawer 300
Danielsville, GA 30633-0300
706-795-2184
(FE20,27,MA5,12B/185 1000)
Irvin Estate
Notice to Debtors
and Creditors
All creditors of the Estate of CARL
JACKSON IRVIN, SR., deceased, late
of Banks County, Georgia, are here
by notified to render their demands
to the undersigned according to law,
and all persons indebted to said
estate are required to make immedi
ate payment to us.
S/Carl Jackson Irvin, Jr., and
Gene DeLeo
Executors of Carl Jackson Irvin,
Sr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(FE20,27,MA5,12B/1326 1000)
Hartline Estate
Notice to Debtors
and Creditors
All creditors of the Estate of R.A.
HARTLINE, deceased, late of Banks
County, Georgia, are hereby notified
to render in of 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 February, 2008.
Teresa Brock
Executor/Administrator
159 Tab Rd.
Alto, GA 30510
(FE13,20,27,MA4P4)
Smith Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
OMIGEAN SMITH, deceased, late of
Banks County, Georgia, are hereby
notified to render an account of
their demands to the undersigned
according to law, and all persons
indebted to said estate are required
to make immediate payment to us.
This 22 day of January, 2008.
Terry Trotter
Executor/Administrator
117 Thompson Street
Homer, GA 30547
(FE13,20,27,MA5P4)
Roberts Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
DOROTHY M. ROBERTS, deceased,
late of Banks County, Georgia, are
hereby notified to render an account
of their demands to the undersigned
according to law, and all persons
indebted to said estate are required
to make immediate payment to us.
This 31st day of January, 2008.
Pam M. Elliott
Executor
4752 Clarks Bridge Rd.
Gainesville, GA 30506
(FE13,20,27,MA5P4)
Daniel Estate
Notice to Debtors
and Creditors
All creditors of the Estate of LOLA
J. DANIEL, deceased, late of Banks
County, Georgia, are hereby noti
fied to render an account of their
demands to the undersigned accord
ing to law, and all persons indebted
to said estate are required to make
immediate payment to us.
This 5 day of February, 2008.
Donald R. Daniel
Executor/Administrator
1310 Damascus Rd.
Homer, GA 30547
(FE13,20,27,MA5P4)
Notice of
Deprivation
Hearing
In the Juvenile Court
of Banks County
State of Georgia
Case No. 006-07J-096
In the Interest of:
KAYLEE PEEK
DOB: 10-30-90
SEX: FEMALE
A child under the Age of Eighteen
TO: TONYA PEEK, Mother of the
Above-Named Child
By Order for Service by Publication
dated the 28 day of January, 2008,
you are hereby notified that on the
10th day of September, 2007, the
Banks County Department of Family
and Children Services, Georgia
Department of Human Resources,
filed a Petition for Temporary
Custody (Deprivation) against you
as to the above-named child alleg
ing the child remains deprived. You
are required to file with the Clerk of
Juvenile Court, and to serve upon
Special Assistant Attorney General,
Jeffrey K. Williams, an answer
in writing within sixty (60) days
of the date of the Order for Service
by Publication.
This Court will conduct a final
hearing upon the allegations of
the Petition and enter an order of
disposition on April 10, 2008, at
2:30 p.m., in the Jackson County
Courthouse, Jefferson Georgia
The child or children and other
parties involved may be represented
by a lawyer at all stages of these
proceedings. If you want a lawyer,
you may choose and hire your own
lawyer. If you want to hire a lawyer,
please contact your lawyer immedi
ately. If you want a lawyer but are
not able to hire a lawyer without
undue financial hardship, you may
ask for a lawyer to be appointed
to represent you. The Court would
inquire into your financial circum
stances and if the Court finds you to
be financially unable to hire a law
yer, then a lawyer will be appointed
to represent you. If you want a law
yer appointed to represent you, you
must let the Court or the officer of
this Court handling this case know
that you want a lawyer immedi
ately.
WITNESS, the Honorable Kevin J.
Guidry, Judge of said Court, this the
28th day of January, 2008.
By: Tim Harper
Banks County Juvenile Court
Banks County Courthouse
Homer, Georgia
(FE6,13,20,27P4)
Kesler Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
LOUTRELLE EMMETT KESLER,
deceased, late of Banks County,
Georgia, are hereby notified to ren
der an account of their demands to
the undersigned according to law,
and all persons indebted to said
estate are required to make immedi
ate payment to us.
This 28 day of January, 2008.
Brenda K. Finley
Co-Executor
1950 Damascus Rd.
Homer, GA 30547
Guy R. Kesler
Co-Executor
7161 Avenbury Circle
Kernersville, NC 27284
(FE6,13,20,27P4)
Smith Estate
Probate Court of
Banks County
Notice
Re: Petition of PATRICIA FORTNER
GEE to probate in solemn form
the will of CHARLES C . SMITH,
deceased, upon which an order for
service was granted by this Court on
January 28, 2008.
TO: Alfred Lester Smith, Jr., Mary
Galloway Crush, Martha Galloway,
Paul L. Galloway, Lydia Galloway,
Virginia Galloway Powell, Odell
Galloway, Henry Galloway, Charles
Galloway, Joyce Galloway, Jimmy
Smith, Charles Grizzle and all and
singular the heirs of said decedent,
and to whom it may concern.
This is to notify you to file objec
tion, if there is any, to the above ref
erenced petition, in this Court on or
before March 3, 2008, 10:00 a.m.
BE FURTHER NOTIFIED: All objec
tions to the petition must be in
writing, setting forth the grounds of
any such objections. All pleadings/
objections must be signed before a
notary public or before a probate
court clerk, and filing fees must be
tendered with your pleadings/objec
tions, unless you qualify to file as
an indigent party. Contact probate
court personnel at the following
address/telephone number for the
required amount of filing fees. 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
(FE6,13,20,27P4)
Montgomery
Estate
Georgia, Banks County
Probate Court
Notice
WAYNE E. MONTGOMERY
has petitioned to be appoint
ed Administrator of the estate
of WANDA C. MONTGOMERY,
deceased, of said County. (The peti
tioner has also applied for waiver of
bond and/or grant of certain powers
contained in O.C.G.A. §53-12-232.)
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
March 3, 2008, by 10:00 a.m. All
pleadings/objections must be signed
before a notary public or before a
probate court clerk, and filing fees
must be tendered with your plead
ings/objections, unless you qualify
to file as an indigent party. Contact
probate court personnel at the fol
lowing address/telephone number
for the required amount of filing
fees. 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
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah-Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(FE6,13,20,27P4)
Allen Estate
Georgia, Banks County
Probate Court
Notice
The petition of SANDRA J. ALLEN,
for a year's support from the estate
of MARK ANDREW ALLEN, JR.,
deceased, for decedent's surviving
spouse, having been duly filed, all
interested persons are hereby noti
fied to show cause, if any they have,
on or before March 3, 2008, 10 AM,
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 on or before the time
stated in the preceding sentence. All
pleadings/objections must be signed
before a notary public or before a
probate court clerk, and filing fees
must be tendered with your plead
ings/objections, unless you qualify
to file as an indigent party. Contact
probate court personnel at the fol
lowing address/telephone number
for the required amount of filing
fees. 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
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(FE6,13,20,27P4)
Nations Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JAMES
A. NATIONS, 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 21 day of January, 2008.
Bobby Nations
Executor/Administrator
196 Brown Bridge Rd.
Commerce, GA 30530
(JA30,FE6,13,20P4)
Stewart Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MARY
EVELYN STEWART, 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 immedi
ate payment to us.
This 22 day of January, 2008.
Albert L. Stewart, Jr.
Executor/Administrator
1548 Duncan Rd.
Commerce, GA 30530
(JA30,FE6,13,20P4)
The foreclosure adver
tisement deadline for
the April, 2008, sale
date is NOON Thursday,
Feb. 28. 2008.
Run dates are
March 5,12,19,26,
2008.
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