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WEDNESDAY, MAY 7, 2008 THE BANKS COUNTY NEWS PAGE 5B public notices & legal records www.malnstreetnews.com Notice of Sale Notice of Sale Under Power Georgia, Banks County Because of default in the payment of the indebtedness secured by a Security Deed executed by ARTHUR GREEN to BAYROCK MORTGAGE CORPORATION dated March 30, 2005, in the amount of $205,200.00, and recorded in Deed Book 256, Page 410, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset- Backed Certificates, Series 2005-HE8 by assignment; the undersigned, LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale con tained in said deed, will on the first Tuesday in June, 2008, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that lot, tract, or parcel of land together with improvements thereon, lying and being in GMD 265 of Banks County, Georgia, and being 8 acres, more or less, on Ervin Chambers Road as shown on that plat of survey recorded in Plat Book B, Page 148 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property. This is the same prop erty conveyed by Quit Claim Deed to Sybil Powell Tarpley dated November 21, 1997, and recorded in Deed Book 122, Page 618 of the Banks County, Georgia Deed Records. Said property is conveyed subject to all easements, covenants and restrictions of record, if any. which has the property address of 1189 Ervin Chambers Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of- way, easements, protective covenants or restrictions, liens, and other supe rior matters of record which may affect said property. 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 attorneys' fees in accor dance with the terms of the note secured by said deed. Said property will be sold as the property of Arthur Green and the proceeds of said sale will be applied to the payment of said indebted ness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 Attorney-in-Fact for Arthur Green Anthony DeMarlo, Attorney/ishef- field McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 07-12294 /CONV THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (MY7,14,21,28B/1325 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 RONALD M. JONES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 6, 2005, recorded in Deed Book 256, Page 655, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assign ment 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 principal amount of ONE HUNDRED THIRTY- ONE THOUSAND EIGHT HUNDRED NINETY-NINE AND 0/100 DOLLARS ($131,899.00), 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 June, 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 possession of the property is Ronald M. Jones or a tenant or tenants and said property is more commonly known as 312 Alexander Road, Commerce, Georgia 30529. 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. Wells Fargo Bank, NA as Attorney- in-Fact for Ronald M. Jones McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/yjr 6/3/08 Our file no. 5688708-FT5 EXHIBIT A All that parcel of Land Lying and being in the 207th District, G.M. Banks County, Georgia, and being that 3.69 acres more or less, desig nated as Lot 10,on a Plat of survey prepared for Tefel, Inc. By James M. Paul, Registered Surveyor, Dated June 13, 1984, recorded in Plat Book 10, Page 65, 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. (MY7,14,21,28B/12062 6000) Notice of Sale Notice of Sale Under Power By virtue of the power contained in a Deed To Secure Debt executed and delivered by JAMES Wm. LLOYD to CLYDE EUGENE MONTGOMERY, dated March 16, 1999, in the origi nal principal amount of $17,039.76, and recorded in Deed Book 141, Pages 250-251, Office of the Clerk of Superior Court of Banks County, Georgia, securing sums now due, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney in Fact for the said JAMES Wm. LLOYD, as provided in said Deed To Secure Debt, between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in June, to-wit: June 3, 2008: All that certain tract or parcel of land, lying and being in the Hollingsworth (1580rd) G.M., District, of Banks County, Georgia, being designated as Tract #4A-2, containing 2.00 acres, more or less, as shown on a plat of survey pre pared for Clyde E. Montgomery, dated August 28, 1989, prepared by Max Lewallen, Registered surveyor, and being recorded in Plat Book 15, Page 6, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is recorded and incorporated by reference and made a part of this deed, Tract #4A-2 is located on the Northeast side of US Highway 441 and shown as Tract #4A-2 on plat description of said tract, reference is hereby made to said plat as recorded. The debt secured by said Deed To Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of JAMES Wm. LLOYD, by the undersigned, as Attorney in Fact for the said JAMES Wm. LLOYD. Said property shall be sold subject to any and all outstanding ease ments and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments. The sale will be conducted subject (1) to confir mation 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 proceeds from said sale will be applied to the payment of the above- styled indebtedness, the expenses of the procedure, attorney's fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any, shall be applied as provided in said Deed To Secure Debt. Proper convey ance will be made to the purchaser at the said sale by the undersigned acting as Attorney in Fact for the said JAMES Wm. LLOYD. To the best knowledge, informa tion, and belief of CLYDE EUGENE MONTGOMERY, the premises are unoccupied. Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated: "This document is an attempt to collect a debt and any information obtained will be used for that purpose". [15 U.S.C. Section 1692e(11).] This 1st day of May, 2008. CLYDE EUGENE MONTGOMERY As Attorney-in-Fact for JAMES Wm. LLOYD JEFFREY M. PERRY Attorney at Law P.O. Box 299 Commerce, Georgia 30529 (706) 335-3500 (MY7,14,21,28/P4) 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 THOMAS L. BROWN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 24, 2004, recorded in Deed Book 238, Page 356, Banks County, Georgia Records, convey ing the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY THOUSAND AND 0/100 DOLLARS ($130,000.00), 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 June, 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 posses sion of the property is Bobby Mosley or a tenant or tenants and said property is more commonly known as 731 Borders Road, Commerce, Georgia 30530. 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. Mortgage Electronic Registration Systems, Inc. as Attorney-in-Fact for Thomas L. Brown McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/saf 6/3/08 Our file no. 5900505-FT2 EXHIBIT A All that tract or parcel of land together with improvements thereon situate, lying and being in the 207th GMD, Banks County, Georgia, and being all of Lot 25 of the Hudson River Estates Subdivision, comprising 26.29 acres, as shown on subdivision plat recorded in Plat Book A, Page 33, of the Banks County Records, which plat is incorporated herein by reference for a more complete description of the subject property. Together with an improvement and immovable fixture permanently attached thereto, a 1995 Bellcrest Palmetto manufactured home Vehicle Identification Nos. GBHMI16957A and GBHMI16957B. (MY7,14,21,28B/12062 5000) Notice of Sale Notice of Sale Under Power Georgia, Banks County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by SANTOS ALFARO to EQUIFIRST CORPORATION, dated September 24, 2002, and recorded in Deed Book 199, Page 523, Banks County, Georgia Records, as last assigned to Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Equifirst Mortgage Loan Trust 2003-1, Asset- Backed Certificates, Series 2003-1 by assignment to be recorded in Banks County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $122,000.00, with interest at the rate specified therein, there will be sold by the undersigned 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 June, 2008, to wit: June 3, 2008, the fol lowing described property: All that tract or parcel of land lying and being in the 465th District G.M.D. of Banks County, Georgia, in the City of Maysville, containing 0.78 acre, more or less, and being bounded now or formerly as fol lows: North by Georgia Highway 98 and Lot 2; East by Lot 2; South by Lot 8 and Oak Drive; and West by Oak Drive and Georgia Highway 98. Said tract of land is shown and des ignated as Lot 1, Section A, of Oak Grove Estates, on a Plat of Survey prepared by Max Lewallen, Surveyor, for Marion Jarrett, dated April 15, 1993, and recorded in the public records of Banks County, Georgia, in Plat Book 18, Page 3, which is by reference incorporated herein for a more complete description. The debt secured by said Deed to Secure Debt has been and is here by declared due because of, among other possible events of default, fail ure to pay the indebtedness as and when due and in the manner pro vided in the Note and Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 109 Oak Drive, Maysville, GA 30558 is (are): Santos Alfaro or tenant or tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbranc es, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted sub ject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1;and (3) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure docu ments may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. Deutsche Bank National Trust Company, as Trustee, in trust for reg istered Holders of Equifirst Mortgage Loan Trust 2003-1, Asset-Backed Certificates, Series 2003-1 as attor ney-in-fact for Santos Alfaro Richard B. Maner, P.C. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FC07-876 (MY7,14,21,28P4) Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of the power of sale con tained in a Deed to Secure Debt and its modifications from TRAVIS SIMS and RICHARD SIMS to GLENDA TOLBERT, dated April 15, 1999, and securing an original indebtedness in the amount of $40,500.00, and recorded at Deed Book 144, Pages 239, in the Office of the Clerk of Superior Court of Banks County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, during the legal hours of sale on the first Tuesday in June, 2008, the following described prop erty, to wit: All that tract or parcel of land lying and being in the 465th District, GM, Banks County, Georgia, shown as Lot No. 6 containing 1.00 acre, more or less, as per plat of sur vey prepared for Journey R. Boswell and Bryan G. Boswell by Slate & Associates, Inc., Georgia Registered Surveyors, dated February 2, 1996, and recorded in the office of Superior Court, Banks County, Georgia, in Plat Book 20, Page 148. Said plat as recorded, is hereby referenced for a more detailed description of said property. Subject to existing ease ments for public roads and utilities now in use. Lot No. 6 described above is a portion of Lots No. 4 and 5 conveyed from Deborah K. Latham as Administrix of the Estate of James B. Latham to Journey R. Boswell and Bryan G. Boswell, dated December 29, 1995, and recorded in Deed Book 104, Page 88, Banks County, Georgia Records. The debt secured by said instru ment having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney's fees. This property will be sold as the prop erty of Travis Sims and Richard Sims, subject to any taxes, easements and assessments appearing of record. 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, the property is in the possession of Travis Sims and Richard Sims. Glenda Tolbert, as attorneys-in-fact for Travis Sims and Richard Sims. Scott R. Tolbert Tolbert, Bradford & Associates Attorney at Law 62 Washington Street Jefferson, Georgia 30549 (706) 367-5290 www.tolbertbradford.com (MY7,14,21,28B/344 5000) Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of Power of Sale contained in Security Deed from RONALD C. SMITH and MARILYN R. SMITH to COMMUNITY BANK & TRUST, dated July 10, 2006, which Deed is record ed among Banks County, Georgia Records in Deed Book 285, Page 141, said Security Deed being given to secure a Note dated April 9, 2007 in the original principal amount of TWO HUNDRED EIGHTY FIVE THOUSAND THREE HUNDRED AND 00/100 ($285,300.00) DOLLARS, with interest 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 June, 2008, (June 3, 2008) the following described property, to wit: All that tract or parcel of land lying and being in the 206th District, G.M., Banks County, Georgia, and being that 3.88 acres, more or less, designated as Tract 2, on a plat of survey prepared for Peach State Land, LLC, by W. T. Dunahoo and Associates, Inc., Registered Surveyor, dated January 7, 2004, recorded in Plat Book 28, Page 114, in the Office of the Clerk of Superior Court of Banks County, Georgia and incorpo rated herein and made a part hereof by reference for a more detailed description. ALSO: 30 foot ingress-egress ease ment from the northeasterly right of way of Neal Road to the subject property as more particularly shown on plat of survey referenced herein above. Said property is known as 131 Neal Drive, Commerce, Georgia, 30530-6517, together with all fix tures and personal property 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 RONALD C. SMITH and MARILYN R. SMITH, who, to the best of the undersigned's knowledge and belief, are the parties in possession of said property. COMMUNITY BANK & TRUST, as Attorney-in-Fact for RONALD C. SMITH and MARILYN R. SMITH 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. (MY7,14,21,28B/1326 6000) Advertisement for Bids The City of Lula is accepting bids on the following surplus items: Dodge Ram 100 Custom '85 pick-up truck, 3000 Ford Tractor, Yanmar YM180 Tractor, Power Guard Generator, (2) Quincy Model 255 Compressors and various scrap metal. These items are located at City Hall, 6055 Main Street, Lula, GA. Sealed bids should be mailed or delivered to City of Lula, P.O Box 99, Lula, GA. 30554. The deadline for the bids is Wednesday, May 14, 2008, 4:00 p.m. The City of Lula reserves the right to decline any bid. (MY7B/3816 1000) Name Change Notice of Name Change PLEASE TAKE NOTICE THAT on the 28 day of April, 2008, TAMMY DANIELLE GALLMAN filed a Petition in Superior Court of Banks County, Georgia, seeking a name change from TAMMY DANIELLE GALLMAN to TAMMY DANIELLE COCHRAN. Any interested or affected party has the right to appear and file objection. At the expira tion of thirty (30) days from the filing of the Petition, upon proof of publication, and if no objection is filed, the Court shall proceed to hear and determine all matters raised by said Petition. By: Tammy Danielle Gallman Pro Se 117 Hardwood Court Maysville, Georgia 30558 (706) 652-3351 By: Tim Harper Banks County Clerk of Court (MY7,14,21,28P4)) 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 peti tion for the appointment of a tempo rary guardian has been filed regard ing the above-named minors. All objections to the Petition described above either to the appointment of a temporary guardian or the appoint ment of the petitioner(s) as tempo rary guardian(s), must be in writing, 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 notary pub lic or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number 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 natu ral guardian files an objection to the appointment 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 mat ter 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) The Banks County News is the legal organ for Banks County. The deadline to submit legal advertisements is Noon on Thursday, prior to the first week of the publication. The deadline for foreclosure notices for the July 1, 2008, sale date is noon, Thursday, May 29, 2008. Run dates will be June 4,11,18,25, 2008. Legals must be paid in advance, unless previous arrangements have been made. Email legals to: mainstreetnews.com