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WEDNESDAY, FEBRUARY 20, 2008 THE BANKS COUNTY NEWS PAGE 5B public notices & legal records www.malnstreetnews.com 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. Email ads to: legals@ mainstreetnews.com in microsoft word format, or Fax ads to: (706) 387-5431.