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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