Newspaper Page Text
WEDNESDAY, APRIL 23, 2008
THE BANKS COUNTY NEWS
PAGE 9A
Public Notices Continued
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 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 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 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
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/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 record
ed in Deed Book 171, Page
866, Banks County, Georgia
Records, conveying the after-
described property to secure a
Note in the original 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 pub
lic 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 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
provided 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
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.
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
improvements thereon lying
and being in the 371 GMD
Banks County, Georgia, desig
nated as Tract 23A, containing
2.99 acres and Tract 23B, con
taining 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, secu
rity deeds, or encumbrances of
record; all valid zoning ordi
nances; matters which would
be disclosed by an accurate
survey of the property or by
any inspection of the property;
all outstanding taxes, assess
ments, 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 under
signed's knowledge and belief,
possession of the subject prop
erty 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 465 th 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 incorporat
ed 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, princi
pal and interest from the date
thereof 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 indebted
ness, attorneys' fees (notice of
intention 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 under
signed's knowledge and belief,
the property is in the posses
sion 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 exe
cute a deed to the purchaser
as authorized in the aforemen
tioned 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)
Trade Name
Trade Name Registration
State of Georgia
County of Banks
The undersigned does hereby
certify that Danny Campbell is
conducting a business as Mended
Heart Gospel, County of Banks,
in the State of Georgia, under
the name of Mended Heart
Gospel and that the nature of
the business is gospel singing
group and that the name and
addresses of the persons, firms
or partnership owning and car
rying on said trade or business
is Danny Campbell, 2807 Yonah
Homer Rd., Lula, GA 30554.
(Address)
By: Danny Campbell
(AP23,30P/1000)
Trade Name
Application to Register
a Business
State of Georgia
County of Fulton
The undersigned hereby cer
tifies that it is conducting a
business at 165 Eisenhower
Drive, Commerce, Georgia
30529, 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)
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
interested persons are hereby
notified to show cause, if any
they have, on or before May 5,
2008, 10 A.M., why said peti
tion 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
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.
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)
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 7 th 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 19th 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 NQQN
Thursday,
May 1, 2008.
Run dates are
May 7,14,21,28, 2008.
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