Newspaper Page Text
PAGE 4B
THE BANKS COUNTY NEWS
WEDNESDAY, MAY 14, 2008
public notices & legal records
www.malnstreetnews.com
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 assignment to be record
ed in the Office of the Clerk of
Superior Court of Banks County,
Georgia Records, conveying the
after-described property to secure
a Note in the original princi
pal 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 follow
ing 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 dis
closed 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 prop
erty is Ronald M. Jones or a ten
ant 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, designated 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 refer
ence for a more detailed descrip
tion.
(MY7,14,21,28B/12062 6000)
Notice of Sale
Notice of Sale Under Power
By virtue of the power con
tained in a Deed To Secure Debt
executed and delivered by JAMES
Wm. LLOYD to CLYDE EUGENE
MONTGOMERY, dated March
16, 1999, in the original princi
pal 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 par
cel 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
prepared for Clyde E. Montgomery,
dated August 28, 1989, prepared
by Max Lewallen, Registered sur
veyor, 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 sub
ject to any and all outstand
ing easements and rights-of-ways,
restrictions of record, if any, and
to all unpaid taxes and assess
ments. 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 proceeds from said sale will
be applied to the payment of the
above-styled indebtedness, the
expenses of the procedure, attor
ney'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
conveyance 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 stat
ed: “This document is an attempt
to collect a debt and any infor
mation 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 prin
cipal amount of ONE HUNDRED
THIRTY THOUSAND AND 0/100
DOLLARS ($130,000.00), with
interest thereon as set forth there
in, 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 follow
ing 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 dis
closed 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 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 prop
erty.
Together with an improvement
and immovable fixture perma
nently 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 prop
erty 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 following
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 for
merly as follows: 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 designated
as Lot 1, Section A, of Oak Grove
Estates, on a Plat of Survey pre
pared 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
hereby declared due because of,
among other possible events of
default, failure to pay the indebt
edness as and when due and in the
manner provided 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 sub
ject 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 valor
em 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 prop
erty, and (c) all matters of record
superior to the Deed to Secure
Debt first set out above, including,
but not limited to, assessments,
liens, encumbrances, zoning ordi
nances, easements, restrictions,
covenants, etc.
The sale will be conducted
subject 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 cer
tain procedures regarding the
rescission of judicial and nonjudi
cial sales in the State of Georgia,
the Deed Under Power and other
foreclosure documents may not
be provided until final confirma
tion and audit of the status of the
loan as provided in the preceding
paragraph.
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 as attorney-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
contained 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 pub
lic 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 follow
ing described property, 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 con
taining 1.00 acre, more or less,
as per plat of survey 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 exist
ing easements 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 pur
pose of satisfying said indebted
ness 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 property of Travis
Sims and Richard Sims, subject to
any taxes, easements and assess
ments 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 con
tained in Security Deed from
RONALD C. SMITH and MARILYN
R. SMITH to COMMUNITY BANK
& TRUST, dated July 10, 2006,
which Deed is recorded 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 pre
pared 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 incor
porated herein and made a part
hereof by reference for a more
detailed description.
ALSO: 30 foot ingress-egress
easement from the northeasterly
right of way of Neal Road to the
subject property as more particu
larly shown on plat of survey ref
erenced herein above.
Said property is known as
131 Neal Drive, Commerce,
Georgia, 30530-6517, together
with all fixtures and personal
property attached to and consti
tuting 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 intention 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 pay
ing said indebtedness, including
all accrued and unpaid interest
thereon, and attorney's fees and
all expenses of said sale.
Said property will be sold subject
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 ordi
nances, restrictions, covenants,
and matters of record superior
to the Security Deed first set out
above.
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.
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 par
ties 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)
Hill Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
CLIFTON B. HILL SR., deceased,
late of Banks County, Georgia,
are hereby notified to render an
account of their demands to the
undersigned according to law, and
all persons indebted to said estate
are required to make immediate
payment to us.
This 5th day of May, 2008.
Clifton B. Hill, Jr.
Executor/Administrator
270 Garrison Street
Homer, GA 30547
(MY14,21,28,JN4P4)
Inc. Notice
Notice is given that Articles of
Incorporation that will incorporate
SOUTHEASTERN DRYWALL AND
PAINTING SERVICES, 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
330 Union Hill Road, Homer, GA
30547, and its initial registered
agent at such address is Stephen
K. Dickinson.
(MY14,21P2)
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, seek
ing a name change from TAMMY
DANIELLE GALLMAN to TAMMY
DANIELLE COCHRAN. Any inter
ested or affected party has the
right to appear and file objection.
At the expiration 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 deter
mine 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))
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