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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