Newspaper Page Text
WEDNESDAY, MARCH 26, 2008
THE BANKS COUNTY NEWS
PAGE 5B
public notices & legal records
www.malnstreetnews.com
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
BENJAMIN A. VALLE and ANA
GLADIS VALLE to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. dated September
28, 2005, and recorded in Deed
Book 267, Page 521, Banks County
Records, said Security Deed having
been last sold, assigned, transferred
and conveyed to U.S. Bank National
Association, as Trustee for Asset
Backed Pass Through Certificates
Series 2006-HE1, by Assignment
securing a Note in the original princi
pal amount of $207,920.00, the hold
er thereof pursuant to said Deed and
Note thereby secured has declared
the entire amount of said indebted
ness due and payable and, pursuant
to the power of sale contained in said
Deed, will on the first Tuesday, April
1, 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 prop
erty described in said Deed, to-wit:
All that tract or parcel of land lying
and being in the 207th District, G.M.,
Banks County, Georgia, and being
that 2.123 acres, more or less, desig
nated as lot 3 on a final plat of sur
vey for Elizabeth's Way Subdivision
prepared by J.R. Holland, Registered
Surveyor, dated January 27, 2004,
recorded in Plat Book E, Page 44, in
the Office of the Clerk of the Superior
Court of Banks County, Georgia and
incorporated herein and made a
part hereof by reference for a more
detailed description.
Said property is known as 316
Hwy 59, Commerce, GA 30530,
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 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 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 Benjamin A. Valle and
Ana Gladis Valle, the property, to
the best information, knowledge and
belief of the undersigned, being pres
ently in the possession of Benjamin A.
Valle and Ana Gladis Valle, 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 pro
vided in said Deed, and the balance,
if any, will be distributed as provided
by law.
U.S. Bank National Association,
as Trustee for Asset Backed Pass
Through Certificates Series 2006-HE1
as Attorney-in-Fact for Benjamin A.
Valle and Ana Gladis Valle
File no. 08-000858
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite
100
Atlanta, GA 30341
(770) 220-2730/HP
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A DEBT COLLECTOR. ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
[FC-NOS]
(MA5,12,19,26B/1323 6000)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power
of Sale contained in a Security Deed
from JEFFREY D. RICHARDS to
BELGRAVIA FINANCIAL SERVICES,
dated MAY 22, 1997, and recorded
on MAY 28, 1997, in DEED BOOK
117, PAGE 215, of the BANKS County,
Georgia Records; as assigned to
CHASE BANK OF TEXAS, NATIONAL
ASSOCIATION, AS TRUSTEE, pursu
ant to an Assignment of Security
Deed, dated MAY 22, 1997, and
recorded on OCTOBER 28, 1998, in
DEED BOOK 135, PAGE 671, afore
said records, conveying the after-
described property to secure a Note
in the original principal amount
of SIXTY-TWO THOUSAND NINE
HUNDRED THIRTY-EIGHT DOLLARS
and 59/100 ($62,938.59) with inter
est 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 APRIL,
2008, the following described prop
erty:
All that tract or parcel of land
lying and being in the 1464th G.M.D.
in Banks County, Georgia, contain
ing 3.435 acres, as more fully shown
and described on a plat of survey
dated January 29, 1997, prepared by
Farley-Collins Associates, Registered
Surveyors, for Crystal D. Dorsey
and Jeffrey D. Richards, recorded
in Banks County, Georgia Records
of the Clerk of Superior Court in
Plat Book 21, Page 207. Said Plat is
hereby incorporated herein by refer
ence for a more detailed description
of the subject property.
The foregoing property being the
same as described in deed recorded
in Deed Book 116, Page 223, Banks
County Records.
Also conveyed herewith is a 1996
Horton Mobile, Serial Number
H130200GL&R, which is permanent
ly attached to and made a part of the
real property.
The indebtedness secured by said
Security Deed has been and is hereby
declared due and payable because
of, among other possible events of
default, non-payment of the month
ly installments as required by said
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 the Security
Deed and by law, including attor
ney's fees (notice of intent to collect
attorney's fees having been given)
and all other payments provided for
under the terms of the Security Deed
and Note.
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.
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.
To the best of the undersigned's
knowledge and belief, said property
is also known as 475 Queen Road,
Gillsville, Georgia 30543, and the
party in possession of the property
is Jeffrey D. Richards or a tenant or
tenants of said property.
ORIGEN FINANCIAL, LLC
SERVICER FOR CHASE BANK OF
TEXAS, NATIONAL ASSOCIATION,
AS TRUSTEE as Attorney-in-Fact for
JEFFREY D. RICHARDS
Kenney, Solomon & Medina, P.C.
3675 Crestwood Parkway, Suite
300
Duluth, Georgia 30096
(770) 564-1600
THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
(MA5,12,19,26P4)
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 L J ARMOUR to THE
GRANGE BANK, dated April 19,
2004, recorded in Deed Book 236,
Page 269, Banks County, Georgia
Records, as last transferred to
Franklin Bank SSB by assignment
to be recorded in the Office of the
Clerk of Superior Court of Banks
County, Georgia Records, convey
ing the after-described property to
secure a Note in the original princi
pal amount of ONE HUNDRED TEN
THOUSAND AND 0/100 DOLLARS
($110,000.00), 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 April, 2008, the following
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 remain
ing in default, this sale will be made
for the purpose of paying the same
and all expenses of this sale, as pro
vided 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 L J Armour
or a tenant or tenants and said
property is more commonly known
as 5456 Yonah Homer Rd, Alto,
Georgia 30510.
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.
Franklin Bank SSB as Attorney-in
Fact for L J Armour
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sm5 4/1/08
Our file no. 5466208-FT4
EXHIBIT A
All that tract or parcel of Land
lying and being in the 912 G.M.D. of
Banks County, Georgia, consisting of
0.96 acre, all as more fully shown on
plat of survey by Max Lewallen, GA.
Reg. No. 2067, dated June 23, 1994,
recorded in Plat Book 18, Page 232,
in the Office of the Clerk of Superior
Court of Banks County, Georgia, said
plat being referred to and incorpo
rated herein for a more complete
description Tax parcel ID: 69/28
(MA5,12,19,26B 12062 6000)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale con
tained in Security Deed from LARRY
HENDERSON to COMMUNITY BANK
& TRUST, dated May 2, 2003, which
Deed is recorded among Banks
County, Georgia Records in Deed
Book 311, Page 34, said Security
Deed being given to secure a Note
dated August 13, 2007 in the original
principal amount of ONE HUNDRED
FORTY FIVE THOUSAND SIX
HUNDRED NINETY SIX AND 50/100
($145,696.50) DOLLARS, with inter
est thereon as set forth therein, there
will be sold by the undersigned at
public outcry to the highest bidder
for cash before the Courthouse door
at Banks County, Georgia, within
the legal hours of sale on the first
Tuesday in April, 2008, (April 1,
2008) the following described prop
erty, to wit:
All that tract or parcel of land
lying and being in the 1580 GMD,
Banks County, Georgia, being Lot
7, 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.
This conveyance is made subject
to all zoning ordinances, easements
and restrictions of record affecting
said bargained premises.
Said property is known as 145
Timber Ridge Lane, Alto,
Georgia, 30510-5538, together
with all fixtures and personal prop
erty attached to and constituting a
part of said property if any.
Whereas, the Note secured by said
Security Deed has become in default
as to payment of the principal and
interest, and COMMUNITY BANK &
TRUST has given notice of its inten
tion to foreclose said Security Deed
and claim attorney's fees as provided
in said Note and Security Deed.
The debt secured by said Security
Deed and evidenced by said Note
has been and is hereby declared due
because of the non-payment of the
current indebtedness secured by said
Security Deed. The debt remaining in
default, this sale will be made for the
purpose of paying said indebtedness,
including all accrued and unpaid
interest thereon, and attorney's fees
and all expenses of said sale.
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.
The property will be sold as the
property of LARRY HENDERSON,
who, to the best of the undersigned's
Need to advertise?
Place a classified.
Call
Debbie Castellaw at
(706) 367-5233.
knowledge and belief, are the parties
in possession of said property.
COMMUNITY BANK & TRUST,
as Attorney-in-Fact for LARRY
HENDERSON
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.
(MA5,12,19,26B/1326 6000)
Weber Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
RICHARD DUTCHER WEBER,
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 14 day of March, 2008.
Audrey Adele Weber
Executor/Administrator
500 Ridge Lane
Lula, GA 30554
(MA26,AP2,9,16P4)
Sparks Estate
Probate Court
of Banks County
Notice
(For Discharge from Office and all
Liability)
Re: Petition of PATRICK SPARKS
and ELAINE WHITNEY for Discharge
as Administrators of the Estate of
CHARLES HERMAN SPARKS,
deceased.
Be Notified Further: All objections
to the petition must be in writing,
setting forth the grounds of any such
objections. All pleadings/objections
must be signed before a notary pub
lic or before a probate court clerk,
and filing fees must be tendered with
your pleadings/objections, 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
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(MA26P1)
Public Hearing
State Board Member to Hold
Public Hearing March 27, 2008
Mr. Brian Burdette to Host State
Board of Education Tenth District
Public Hearing
The State Board of Education will
hold a public hearing for citizens
in the Tenth Congressional District
on Thursday, March 27, 2008. The
meeting will be held from 7-8PM
at Jackson County Comprehensive
High School, 1668 Winder Highway,
Jefferson. The purpose of the hearing
is to receive comments from citizens
and educators regarding public edu
cation in the district. Persons wishing
to speak may sign in upon arrival.
Mr. Brian Burdette, the Board's Tenth
District representative, will conduct
the hearing. For more informa
tion contact Ms. Lynn Roberts at
404-657-7410 or by e-mail: lroberts@
doe.K12.ga.us.
The Georgia Department of
Education does not discriminate
on the basis of disability in admis
sion to, access to, or operations of
its programs, services or activities.
Individuals who need assistance
or auxiliary aids for participation
in this public forum are invited to
make their needs known to Ms. Lynn
Roberts, Georgia Department of
Education at 404-657-7410.
(MA19,26B/000269 3000)
Smith Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Charles
C. Smith, 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 10th day of March, 2008.
Patricia Fortner Gee
Executor/Administrator
3112 Esther Dr.
Gainesville, GA 30504
(MA19,26P2)
Inc. Notice
Notice of Intent to Incorporate
Notice is given that Articles of
Incorporation which incorporate
ROCK SPRINGS BAPTIST CHURCH
OF BANKS COUNTY, 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 will be located at
747 Rock Springs Rd., Lula, Banks
County, Georgia 30554 and its initial
registered agent at such address is
TOMMY CROCKER.
Winslow H. Verdery, Jr.
Attorney For Incorporator
P.O. Box 1556
Cornelia, GA 30531
(706) 778-1800
(MA19,26P2)
Inc. Notice
Notice of Intent to Incorporate
Notice is given that Articles of
Incorporation which will incorporate
HUDSON RIVER ANGUS, 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 881 Historic Homer Highway,
Homer, Georgia 30547 and its initial reg
istered agent at such address is KATHY
L. SCHWOCK.
(MA19,26P2 2000)
Trade Name
Application to Register a Busi
ness to be Conducted Under
Trade Name,
Partnership or Others
State of Georgia
County of Banks
The undersigned does hereby cer
tify that PRIMARY RESIDENTIAL
MORTGAGE, INC. conducting a
business as PRIMARY RESIDENTIAL
MORTGAGE, INC. DBA HARBOR
LIGHT LENDING GROUP, in the City
of Salt Lake City, County of Salt
Lake in the State of Utah, under
the name of PRIMARY RESIDENTIAL
MORTGAGE, INC. DBA HARBOR
LIGHT LENDING GROUP, and that
the nature of the business is residen
tial mortgage lending and that the
names and addresses of the persons,
firms or partnerships owning and
carrying on said trade or business
are: David Zitting, President/CEO,
Steven Chapman, CFO, Tom George,
Executive Vice President
(MA19,26P2)
Brady Estate
Georgia, Banks County
Probate Court
Notice
The petition of HAZEL COOK
BRADY, for a year's support from the
estate of EVERAGE BRADY, deceased,
for decedent's surviving spouse, hav
ing been duly filed, all interested
persons are hereby notified to show
cause, if any they have, on or before
April 7th, 2008, 10:00, why said peti
tion 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
(MA12,19,26,AP2P4)
Rawlins Estate
Georgia, Banks County
Probate Court
Notice
The petition of GLADYS HELEN
RAWLINS, for a year's support from
the estate of KENNETH RAWLINS,
deceased, for decedent's surviving
spouse, having been duly filed, all
interested persons are hereby notified
to show cause, if any they have, on or
before April 7th, 2008, 10:00, 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
(MA12,19,26,AP2P4)
Trotter Estate
Notice to Debtors
and Creditors
All creditors of the Estate of LULA
MAE TROTTER, 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 29 day of February, 2008.
Terry D. Trotter
Executor/Administrator
117 Thompson St.
Homer, GA 30547
(MA12,19,26,AP2P4)
Notice of Service
by Publication
In the Superior Court
of Banks County
State of Georgia
Civil Action File No. 08-CV-011B
LEE TEAGARDEN,
Plaintiff,
vs.
NIETO HUGO LINARES,
Defendant.
To: NIETO HUGO LINARES
Type of Action: Personal Injury
Action
Complaint Filed: January 7, 2008
Date of Order for Publication:
February 12, 2008
The above-styled personal injury
action to recover monetary damages
arising from a motor vehicle collision
was filed against you by the Plaintiff,
Lee Teagarden, on January 7, 2008.
By Order dated February 12, 2008,
this Court ordered that service of
process be had by publication as
provided by law. You are hereby
required to file with the Clerk of
Court, Banks County Superior Court
and to serve upon the Plaintiff's
attorney, Richard Neville, 285 Elm
Street, Suite 302, Cumming, Georgia
30040, an answer to the Plaintiff's
Complaint within sixty (60) days
from the date of the Order for service
by publication as set forth above.
WITNESS the Honorable Joseph
Booth,
Judge of the Superior Court of
Banks County, Georgia.
This 12th day of February, 2008.
By: Timothy Harper
Clerk, Superior Court of Banks
County, Georgia
Banks County Courthouse
144 Yonah-Homer Road
Homer, GA 30547
(MA5,12,19,26P4)
Rankins Estate
Notice to Debtors
and Creditors
All creditors of the Estate of SYLVIA
MCWHIRT RANKINS, deceased, late
of Banks County, Georgia, are hereby
notified 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 20 day of February, 2008.
John Derek Ingalls
Executor/Administrator
11037 Post Oak Road
Spotsylvania, Virginia 22551
(MA5,12,19,26P4)
Williamson
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
EUGENE WILLIAMSON, 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 25th day of February, 2008.
Margie Ann Helton Williamson
Executor/Administrator
140 Welborn Rd.
Maysville, GA 30558
(MA5,12,19,26P4)
Montgomery
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of WANDA
C. MONTGOMERY, deceased, late of
Banks County, Georgia, are hereby
notified 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 10 day of March, 2008.
Wayne E. Montgomery
Executor/Administrator
284 Rob Belue Rd.
Commerce, GA 30529
(MA19,26,AP2,9P4)
Email notices to:
legals@mainstreetnews.
com.
Fax to: 706-387-5431