Newspaper Page Text
PAGE 8A
THE BANKS COUNTY NEWS
WEDNESDAY, APRIL 30, 2008
Public Notices Continued
ferred to National City Mortgage
Co. by assignment record
ed in Deed Book 207, Page
479, Banks County, Georgia
Records, conveying the after-
described property to secure a
Note in the original principal
amount of TWO HUNDRED
FIFTY THOUSAND AND 0/100
DOLLARS ($250,000.00), 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:
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, designated as Tract 1,
containing 10.000 acres, more
or less, as shown on a plat
of survey prepared 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 ref
erence 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)
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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 princi
pal 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 principal
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 bid
der 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 pay
ing 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
ATTEMPTINGTO COLLECTA
DEBT. ANY INFORMATION
OBTAINED WILL BE IJSF.D
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 incor
porated herein for a more com
plete and detailed description.
Also conveyed is a non
exclusive, 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 ref
erence 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 ref
erence 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 install
ments owed thereunder. The
total balance of said debt has,
therefore, been declared due
and the Security Deed foreclos-
able 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 assess
ments, and restrictions, ease
ments 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 execute
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)
Citation
Georgia, Banks County
Estate No. 2008-36
In Re: Petition of BETTY
MIZE for Temporary Letters of
Guardianship
Estate of: EGAN MORRIS and
MERISSA CHYENNE MORRIS,
Minors
To: Unknown father of
Merissa Chyenne Morris and
Egan Morris
You are hereby notified that
a petition for the appointment
of a temporary guardian has
been filed regarding the above-
named minors. All objec
tions to the Petition described
above either to the appoint
ment of a temporary guard
ian or the appointment of the
petitioner(s) as temporary
guardian(s), must be in writ
ing, setting forth the grounds
of any such objections, and
must be filed with this Court
no later than 14 days after this
notice is mailed, or 10 days
after this notice is personally
served upon you, or ten days
after the second publication of
this notice, if you are served
by publication. All pleadings
must be signed before a nota
ry public or Georgia probate
court clerk, and filing fees must
be tendered with your plead
ings, unless you qualify to file
as an indigent party. Contact
probate court personnel at the
below address/telephone num
ber for the required amount of
filing fees.
NOTE: If a natural guardian
files an objection to the creation
of the temporary guardianship,
the Petition will be dismissed.
If a natural guardian files
an objection to the appoint
ment of the petitioner(s) as
guardian(s), or if a parent who
is not a natural guardian files
an objection to the petition, a
hearing on the matter shall be
held at a later date.
Betty Thomas, Probate Judge
Banks County Probate Court
144 Yonah Homer Rd., Ste. 7
Homer, GA 30547
706-677-6250
(AP30,MY7P2)
Trade Name
Trade Name Registration
State of Georgia
County of Banks
The undersigned does
hereby certify that Danny
Campbell is conducting a busi
ness 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 partner
ship owning and carrying on
said trade or business is Danny
Campbell, 2807 Yonah Homer
Rd., Lula, GA 30554.
(Address)
By: Danny Campbell
(AP23,30P/1000)
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 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)
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.