Newspaper Page Text
PAGE 4B
THE BANKS COUNTY NEWS
WEDNESDAY, MAY 28, 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 trans
ferred to Wells Fargo Bank, NA
by assignment to be recorded
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 prin
cipal 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 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 June, 2008, the fol
lowing 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 indebt
edness 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 pur
pose 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 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 accu
rate survey and inspection of the
property, any assessments, liens,
encumbrances, zoning ordinanc
es, 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 tract or 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 pre
pared 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 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 outstanding
easements and rights-of-ways,
restrictions of record, if any, and
to all unpaid taxes and assess
ments. The sale will be conduct
ed 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 secu
rity 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 pro
vided in said Deed To Secure
Debt. Proper conveyance will
be made to the purchaser at the
said sale by the undersigned act
ing as Attorney in Fact for the
said JAMES Wm. LLOYD.
To the best knowledge, infor
mation, 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)
000)
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 record
ed 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 prin
cipal 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 formerly 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 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 ref
erence 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 pur
pose 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 attor
ney'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 sub
ject to (a) any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), (b) any mat
ters which might be disclosed by
an accurate survey and inspec
tion 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,
encumbrances, zoning ordinanc
es, easements, restrictions, cov
enants, 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 preced
ing 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 origi
nal 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 under
signed 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 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 por
tion of Lots No. 4 and 5 con
veyed 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 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 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
incorporated 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 par
ticularly shown on plat of survey
referenced herein above.
Said property is known as
131 Neal Drive, Commerce,
Georgia, 30530-6517, together
with all fixtures and personal
property attached to and con
stituting 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 pro
vided 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 remain
ing 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 tax
ing authority, any matters which
might be disclosed by an accu
rate survey and inspection of the
property, any assessments, liens,
encumbrances, zoning ordinanc
es, 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
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)
Name Change
Notice of Petition to Change
Name of an Adult
Please take notice that on the
15th day of May, 2008, Janet
M. Kim filed a Petition in the
Superior Court of Banks County,
Georgia, seeking a name change
from JANET MI KIM to JANET MI
RA PAK. Any interested or affect
ed party has the right to appear
and file objections. If no objection
is filed, the Court shall proceed to
hear and determine all matters
raised by said Petition.
Janet M. Kim, Petitioner
121 Gene Crane Rd.
Maysville, GA 30558
(MY21,28,JN4,11P4)
Caudell Estate
Notice to Debtors
and Creditors
Georgia, Banks County
SANDRA J. CAUDELL has qual
ified as Executor of the Estate of
ADDIE N. CAUDELL, deceased.
All creditors of the Estate of
ADDIE N. CAUDELL, deceased,
late of Banks County, Georgia,
are hereby notified to render in
their demands to the said Sandra
J. Caudell, Executor, according to
law, and all persons indebted to
said estate are required to make
immediate payment to the said
Sandra J. Caudell.
This 14th day of May, 2008.
Sandra J. Caudell
Executor of the Estate of Addie
N. Caudell, Deceased
Brian C. Ranck
Sanders & Smith, P.C.
P.O. Box 1005
Toccoa, Ga. 30577
706-886-7533
Attorney for Sandra J. Caudell
(MY21,28,JN4,11P4)
Westmoreland
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of LOIS
WESTMORELAND, deceased,
late of Banks County, Georgia,
are hereby notified to render
in their demands to the under
signed according to law, and all
persons indebted to said estate
are required to make immediate
payment to us.
This 14th day of May, 2008.
Kathy Jones
Executor/Administrator
1467 Mt. Sinai Rd.
Lula, GA 30554
(MY21,28,JN4,11P4)
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)
Name Change
Notice of Petition
to Change Name
State of Georgia
County of Banks
Notice is hereby given that LORI
ALLISON LOGAN, the under
signed, has filed his Petition to
the Superior Court of said County
on the 22 day of May, 2008,
praying for a change in name
for LORI ALLISON LOGAN to
ALLISON LOGAN COCHRAN,
and Notice is hereby given to
any interested or affected party
to be and appear in said mat
ter, in said Court, on or before
9:00 o'clock a.m. on the 14 day
of July, 2008, at which time all
objections to the granting of the
relief prayed for must be filed in
the said Court.
This 22 day of May, 2008.
By: Timothy Harper
Clerk of Court
Banks County
(MY28,JN4,11,18P4)
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 objec
tion. At the expiration of thirty
(30) days from the filing of the
Petition, upon proof of publica
tion, 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))
Fax legal ads to:
(706) 387-5431.
Email to:
legals@mainstreet-
news.com
Mail to: The Banks
County News,
P.O. Box 908,
Jefferson, GA 30549