Below is the OCR text representation for this newspapers page.

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. Email ads to: legals@ mainstreetnews. com in microsoft word format, or Fax ads to: (706) 387-5431.