Newspaper Page Text
PAGE 10A
THE BANKS COUNTY NEWS
WEDNESDAY, APRIL 16, 2008
Public Notices Continued
which might be disclosed by
an accurate survey and inspec
tion of the property, any assess
ments, 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 possession of the prop
erty is Derek C. Munroe and
Jennifer D. Munroe or a tenant
or tenants and said property is
more commonly known as 118
Harmony Valley Drive, 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.
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/daw 5/6/08
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, des
ignated as Tract 1, containing
10.000 acres, more or less, as
shown on a plat of survey pre
pared 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,
covenants 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.
(AP9,16,23,30B/12062 6000)
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 JAMES
EDDIE BAKER, SR. to SUNTRUST
BANK, dated March 19, 2001,
recorded in Deed Book 171,
Page 850, Banks County,
Georgia Records, as last trans
ferred to SunTrust Mortgage,
Inc. by assignment recorded in
Deed Book 171, Page 866, Banks
County, Georgia Records, con
veying the after-described prop
erty to secure a Note in the origi
nal principal amount of ONE
HUNDRED FORTY THOUSAND
AND 0/100 DOLLARS
($140,000.00), with interest
thereon as set forth therein,
there will be sold at public out
cry 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 May, 2008, the
following described property:
All that tract or parcel of land
lying and being in the GMD
912th Banks County, Georgia,
consisting of 1.68 acres, more
or less, and being more particu
larly described according to a
plat of survey prepared by Max
Lewallen, Registered Surveyor,
dated February 19, 1987, and
recorded in Plat Book 21, Page
194, Banks County, Georgia
Records. Reference to said plat
and the recording thereof is
hereby made for a more com
plete description of said prop
erty.
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 pro
vided 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 disclosed by
an accurate survey and inspec
tion of the property, any assess
ments, 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 possession of the prop
erty is James Eddie Baker aka
James Eddie Baker, Sr. aka
James E. Baker, Sr. aka James
E. Baker or a tenant or tenants
and said property is more com
monly known as 4341 Hwy 51
S, Lula, Georgia 30554.
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 James Eddie
Baker, Sr.
Morris, Schneider, Prior,
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclo-
sure_sales.asp
MSP/saf 5/6/08
Our file no. 1346907-FT2
(AP9,16,23,30B 12062 6000)
Notice of Sale
Notice of Sale Under Power
By virtue of the power of
sale contained in a Deed to
Secure Debt by DOUGLAS
JAMES GUNN to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. ("MERS")
as nominee for First Option
Mortgage, dated December
8, 2006, and filed for record
January 9, 2007, in Deed Book
297, Page 228, Banks County,
Georgia Records, and securing
a Note in the original princi
pal amount of $136,000.00; last
transferred to CitiMortgage, Inc.
by Assignment filed for record
in the public deed records of
Banks County, Georgia, there
will be sold at a public outcry
for cash to the highest bidder
before the Courthouse door of
Banks County, Georgia, between
the legal hours of sale on the
first Tuesday in May, 2008, by
CitiMortgage, Inc. as Attorney-
in-Fact for Douglas James Gunn
the following property to-wit:
ALL THAT TRACT OR PARCEL
OF LAND together with improve
ments thereon lying and being
in the 371 GMD Banks County,
Georgia, designated as Tract
23A, containing 2.99 acres and
Tract 23B, containing 2.06 acres,
as shown on plat of survey for Lt.
Col. Gary A. Bisso and Jeanette
B. Bisso, and Trust Co. Bank of
North Georgia by Phillips Land
Surveying dated July 7, 1993,
recorded in Plat Book 18, Page
40, in the Office of the Clerk
of the Superior Court of Banks
County, Georgia, which said
plat is incorporated herein by
reference and made a part of
this description.
Subject to all easements,
restrictions and rights-of-way of
record.
The above described property
is also known as 491 Lakeview
Drive, Baldwin, GA 30511.
The indebtedness secured by
said Deed to Secure Debt hav
ing been declared due and pay
able because of default in the
payment of the indebtedness
secured thereby, this sale will be
made for the purpose of paying
the same and all expenses of
sale, including attorney's fees, if
applicable.
The property will be sold as the
property of the aforesaid grantor
subject to the following: all prior
restrictive covenants, easements,
rights-of-way, security deeds, or
encumbrances of record; all
valid zoning ordinances; mat
ters which would be disclosed
by an accurate survey of the
property or by any inspection
of the property; all outstand
ing taxes, assessments, unpaid
bills, charges, and expenses that
are a lien against the property
whether due and payable or not
yet due and payable.
To the best of the undersigned's
knowledge and belief, posses
sion of the subject property is
held by Douglas James Gunn
a/k/a Doug James Gunn.
CitiMortgage, Inc. as Attorney-
in-Fact for Douglas James Gunn
SHUPING, MORSE & ROSS,
LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road
Suite 100
Riverdale, Georgia
30274-1698
(770) 991-0000
THIS LAW FIRM IS
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(AP9,16,23,30B/119 5000)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the
power of sale contained in that
certain Deed to Secure Debt
("Security Deed") executed by
ABEL HERNANDEZ, SR. and
CHRISTINE L. HERNANDEZ in
favor of GAINESVILLE BANK &
TRUST dated April 21, 2005,
and recorded at Deed Book 257,
Pages 546-550, of the Banks
County, Georgia Deed Records,
the undersigned will sell at pub
lic outcry to the highest bidder
for cash before the door of the
Courthouse of Banks County,
Georgia, during the legal hours
of sale, on the first Tuesday in
May, 2008, that being May 6,
2008, the following described
property:
ALL THAT TRACT OR PARCEL
OF LAND situate, lying and
being in the 465th GMD, Banks
County, Georgia, as shown
on plat of survey by Slate &
Associates, Inc., certified by G.
Brian Slate, GRLS No. 2629, plat
dated March 18, 2003, revised
January 20, 2004, and being of
record in the office of the Clerk
of Superior Court for Banks
County, Georgia in Plat Book
28, Page 73, which said plat
and the recording thereof are by
reference hereto incorporated
herein for a more complete and
detailed description.
Also conveyed is a non-exclu
sive, appurtenant Ingress/Egress
Easement depicted on the above
referenced plat of survey as
"Holland Dam Drive".
LESS AND EXCEPT:
All that tract or parcel of land
lying and being in the 465th
District, G.M., Banks County,
Georgia, and being that 3.000
acres, more or less, as more
particularly described in that
Quit Claim Deed recorded at
Deed Book 296, Page 695, Banks
County Deed Records.
FURTHER LESS AND EXCEPT:
All that tract or parcel of land
lying and being in the 465th
District, G.M., Banks County,
Georgia, and being that 2.000
acres, more or less, described in
that Quit Claim Deed recorded
at Deed Book 297, Page 652,
Banks County Deed Records,
and incorporated herein and
made a part hereof by reference
for a more detailed description.
FURTHER LESS AND EXCEPT:
All that tract or parcel of land
lying and being in the 465th
District, G.M., Banks County,
Georgia, and being that 10.00
acres, more or less, described in
that Quit Claim Deed recorded
at Deed Book 292, Pages 16-17,
Banks County Deed Records,
and incorporated herein and
made a part hereof by reference
for a more detailed description.
Upon information and
belief, said property is locat
ed at: Holland Dam Drive,
Maysville, Georgia 30558
The debt secured by said
Security Deed is evidenced by a
Promissory Note (the "Note"),
dated April 21, 2006 in the
original principal amount of
$247,499.68, payable, principal
and interest from the date there
of shown on said Note on the
unpaid balance until paid.
Default has occurred in the
payment of the debt evidenced
by the Note and secured by
the Security Deed as a result of
the nonpayment of installments
owed thereunder. The total bal
ance of said debt has, there
fore, been declared due and
the Security Deed foreclosable
according to its terms.
The debt remaining in default,
the property will be sold to the
highest bidder for cash as the
property of Abel Hernandez, Sr.
and Christine L. Hernandez, the
proceeds to be applied to the
payment of said indebtedness,
attorneys' fees (notice of inten
tion to collect attorneys' fees
having been given), and the
lawful expenses of said sale, all
as provided in the Note and the
Security Deed, said sale to be
subject to any and all unpaid
taxes and assessments, and
restrictions, easements and liens
of record with priority over the
Security Deed referenced above.
To the best of the undersigned's
knowledge and belief, the prop
erty is in the possession of Abel
Hernandez, Sr. and Christine L.
Hernandez and will be sold as
the property of Abel Hernandez,
Sr. and Christine L. Hernandez.
The undersigned will execute a
deed to the purchaser as autho
rized in the aforementioned
Security Deed.
Abel Hernandez, Sr. and
Christine L. Hernandez
By: GAINESVILLE BANK &
TRUST, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
(AP9,16,23,30B/417 7000)
Notice of
Public Hearing
Please take notice that the
following application has been
received by the Banks County
Planning Office:
CU-08-03 - Application by
Sloppy Joes Mud Bog (Michael
B. Cline) for a conditional use
permit for a recreation facility
Mud Bog. This property is zoned
CAD, Consolidated Agricultural
District-Intensive.
The above application is on file
in the office of the Banks County
Planning Commission and is
available for public review.
The Banks County Planning
Commission will hold a pub
lic hearing on the matter on
May 6, 2008, at 7 p.m., in the
courtroom located at the Banks
County Courthouse in Homer,
Georgia.
The Banks County
Commissioners will hold a pub
lic hearing on the matter on
May 13, 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 9th day of April, 2008.
(AP16B/069 2000)
Trade Name
Application to Register
a Business
State of Georgia
County of Fulton
The undersigned hereby certi
fies that it is conducting a busi
ness at 165 Eisenhower Drive,
Commerce, Georgia30529,under
the name of COMFORT INN, the
business of which is a hotel, and
that said firm is composed of
the following entity whose name
and address is as follows, to
wit: Aseem Hospitality, LLC, 165
Eisenhower Drive, Commerce,
Georgia 30529
Aseem Hospitality, LLC
By: Jayesh I. Patel, Manager
By: Alpesh J. Patel, Manager
(AP16,23P2)
Inc. Notice
Notice is given that Articles of
Incorporation that will incor
porate THE PATRICK PROJECT,
INC. have been delivered to the
Secretary of State for filing in
accordance with the Georgia
Nonprofit Corporation Code.
The initial registered office
of the corporation is located
142 Sullivan Drive, Homer, GA
30547, and its initial registered
agent at such address is Judith
F. Butler.
(AP16,23P2)
Beck Estate
Probate Court of Banks County
Notice
Re: Petition of LYNDA GENE
ROBERTS BECK to probate in
solemn form the will of PAUL
LEWIS BECK, deceased, upon
which an order for service was
granted by this Court on March
13, 2008.
TO: ANGIE GREASON -
Last known address Bowman,
Georgia, and all interested par
ties and all and singular the
heirs of said decedent, 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 May 5,
2008, 10:00 a.m.
BE FURTHER NOTIFIED: 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 public
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.
Hon. 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
(AP9,16,23,30P4)
Inc. Notice
Notice is given that Articles of
Incorporation that will incor
porate L & C MECHANICAL,
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 68 Due
North Court, Commerce, Ga.
30525, and its initial Registered
Agent at such address is Larry
Cummings.
(AP9,16P2)
Thorne Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
STEPHEN JAMES THORNE,
deceased, late of Banks County,
Georgia, are hereby notified
to render an account of their
demands to the undersigned
according to law, and all per
sons indebted to said Estate are
required to make immediate
payment to us.
This 1st day of April, 2008.
Sara Jean Caudell Thorne
Executors/Administrators
c/o Caudell & Hotard, LLC
Post Office Box 398
Cornelia, Georgia 30531
(AP9,16,23,30P4)
Martin Estate
Georgia, Banks County
Probate Court
Notice
The petition of LINDA REEMS
MARTIN, for a year's sup
port from the estate of FRED
WILLIAM MARTIN, deceased,
for decedent's surviving spouse,
having been duly filed, all inter
ested persons are hereby notified
to show cause, if any they have,
on or before May 5, 2008, 10
A.M., why said petition should
not be granted.
All objections to the petition
must be in writing, setting forth
the grounds of any such objec
tions, and must be filed on or
before the time stated in the
preceding sentence. All plead
ings/objections must be signed
before a notary public or before
a probate court clerk, and fil
ing 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
(AP9,16,23,30P4)
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 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 14 day of March, 2008.
Audrey Adele Weber
Executor/Administrator
500 Ridge Lane
Lula, GA 30554
(MA26,AP2,9,16P4)
Glenn Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
GILMER FRANKLIN GLENN,
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 26th day of March, 2008.
Jeff G. Glenn
Executor/Administrator
P.O. Box 1482
Commerce, Ga. 30529
(AP2,9,16,23P4)
Yarber Estate
Notice to Debtors
and Creditors
All creditors of the Estate
of RANDY DWAYNE YARBER,
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 7th day of March, 2008.
Florence Payne and
Bruce Cheek
Executor/Administrator
424 Hwy. 105
Baldwin, GA 30511
(AP2,9,16,23P4)
Ervin Estate
Notice to Debtors
and Creditors
All creditors of the Estate
of JOANN WILSON ERVIN,
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 19 th day of March, 2008.
Ronald Nelson Ervin
Executor/Administrator
211 Bell Road
Lula, GA 30554
(AP2,9,16,23P4)
The foreclosure adver
tisement deadline for
the June, 2008, sale
date is NOON Thursday,
May 1, 2008.
Run dates are
May 7,14,21,28, 2008.
Email ads to: legals@
mainstreetnews.com in
microsoft word
format, or
Fax ads to:
(706) 387-5431.