Newspaper Page Text
WEDNESDAY, JULY 16, 2008
THE BANKS COUNTY NEWS
PAGE 5B
Public Notices Continued
2800 North Druid Hills Rd.
Building B, Suite 100
Atlanta, GA 30329
(404) 982-0088
M&B File No.: 08-7029
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR-
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION
OBTAINED Will BF IJSFD
FOR THAT PURPOSE.
(JU9,16,23,30B/1327-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale
contained in a Security Deed
from MATTHEW E. CASALINI
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
as nominee for AMERICAN
MORTGAGE NETWORK, INC.
dated July 21, 2005, recorded in
Deed Book 263, Page 512, Banks
County Records, and last assigned
to Chase Home Finance LLC,
conveying the after-described
property to secure a Note in
the original principal amount
of EIGHTY-EIGHT THOUSAND
AND 00/100 ($88,000.00), 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,
during the legal hours of sale on
the first Tuesday, August 5, 2008,
the following described property,
to wit:
All that tract or parcel of land
lying and being in the 207th
District, G.M.D., Banks County,
Georgia, and being that 1.80
acres, more or less, as more par
ticularly shown on a plat of sur
vey prepared for PCC Charitable
Foundation by G. Brian Slate,
Registered Surveyor, dated
December 8, 2000, recorded in
Plat Book 25, Page 147, 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.
The Debt secured by said
Security Deed has been and is
hereby declared due because of
nonpayment of the indebted
ness when due and in the man
ner provided in the Note and
Security Deed. The debt remain
ing in default, the sale will be
made for the purpose of paying
the same and all expenses of
sale, as provided in the Security
Deed and by law, including
attorney's fees, notice of intent
to collect attorney's fees having
been given.
Said property will be sold sub
ject to any outstanding ad valor
em taxes, 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 Matthew E. Casalini or,
a tenant or tenants, and said
property was or is commonly
known as 298 Rylee Road,
Commerce, GA 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.
Chase Home Finance LLC As
Attorney-in-Fact for Matthew E.
Casalini
Martin & Brunavs
2800 North Druid Hills Rd.
Building B, Suite 100
Atlanta, GA 30329
(404) 982-0088
M&B File No.: 08-7030
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR.
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION
OBTAINED Will BF USED
FOR THAT PURPOSE.
(/C/9,16,23,30B/1327-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the
Power of Sale contained in a
Security Deed from JOANN
G. FLANIGAN and RUFUS
RAY FLANIGAN to CONSECO
FINANCE SERVICING CORP.
N/K/A GREEN TREE SERVICING
LLC, dated JUNE 27, 2001, and
recorded on JUNE 29, 2001, in
DEED BOOK 174, PAGE 498, of the
BANKS County, Georgia Records;
conveying the after-described
property to secure a Note in
the original principal amount
of SIXTY-FIVE THOUSAND ONE
HUNDRED EIGHTY-THREE
Dollars and 79/100 ($65,183.79)
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 AUGUST,
2008, the following described
property:
That tract or parcel of land
lying and being in the 371st
GMD of Banks County, Georgia,
containing 2.00 acres, more or
less, as shown on a plat of sur
vey for Stacy W. Jordan and
Dorothy M. Jordan, dated April
24, 2001, and recorded in Plat
Book 26, Page 2, Banks County
Records; said Plat being incor
porated herein by reference for
a more complete description of
the property.
This being a portion of the
property conveyed by Deed from
Mrs. Lucille M. Flanigan to Rufus
Ray Flanigan, dated September
13, 1974, and recorded in Deed
Book 6, Page 125, Banks County
Records.
Also conveyed herewith
is a 2000 Clayton 28 x 60
Manufactured Home, Serial
Number WHC010823GAAB,
which is permanently attached
to and made a part of the real
property.
The indebtedness secured by
said Security Deed has been and
is hereby declared due and pay
able because of, among other
possible events of default, non
payment of the monthly install
ments as required by said Note
and Security Deed. The debt
remaining in default, this sale
will be made for the purpose of
paying the same and all expens
es of this sale, as provided in
the Security Deed and by law,
including attorney's fees (notice
of intent to collect attorney's fees
having been given) and all other
payments provided for under
the terms of the Security Deed
and Note.
Said property will be sold sub
ject to any outstanding ad valor
em 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.
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 under
signed's knowledge and belief,
said property is also known as
2.00 Acres, Damascus Road,
Baldwin, Georgia 30511, and
the party in possession of the
property is Joann G. Flanigan,
Estate of Rufus Ray Flanigan
or a tenant or tenants of said
property.
CONSECO FINANCE
SERVICING CORP.
N/K/A GREEN TREE SERVICING
LLC As Attorney-in-Fact for
JOANN G. FLANIGAN and
RUFUS RAY FLANIGAN
Kenney, Solomon & Medina,
P.C.
3675 Crestwood Parkway, Suite
300
Duluth, Georgia 30096
(770) 564-1600
THE LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(]U9,16,23,30P4)
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 a
Security Deed from CORNELL C.
SMITH to UNITED COMMUNITY
BANK, dated March 8, 2006,
recorded March 15, 2006, in
Deed Book 277, Page 615, Banks
County, Georgia Records, said
Security Deed being given to
secure a Note from CORNELL
C. SMITH of even date in the
original principal amount of
THIRTY FOUR THOUSAND
TWO HUNDRED AND 00/100
($34,200.00) DOLLARS, with
interest from date at a rate per
cent per annum on the unpaid
balance until paid; there will be
sold by the undersigned at public
outcry to the highest bidder for
cash before the Courthouse door
at Banks County, Georgia, with
in the legal hours of sale on the
first Tuesday in August, 2008, the
following described property:
All that tract or parcel of land
lying and being in the 448th &
1580th General Militia District,
Banks County, City of Baldwin,
Georgia, being shown and des
ignated as Lot 27, Phase 4 of
the Apple Pie Ridge Subdivision,
containing 1.393 acres, more or
less on a plat of survey prepared
by Edwin G. Davidson, R.L.S.,
under date of June 10, 2004,
recorded in the Office of the
Clerk of Superior Court Banks
County, Georgia, in Plat Book E,
Pages 62-64, to which said plat
and the record thereof, reference
is hereby made for a more com
plete description.
Together with a permanent
non-exclusive easement for
ingress and egress to and from
the above described property via
the course of the existing subdi
vision roads, as shown on the
plat of survey referred to above.
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 purpose of
paying the same and all expens
es of this sale, as provided in
the Security Deed and by law,
including attorney's fees (notice
of intent to collect attorney's 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, easements, 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 CORNELL C. SMITH or a
tenant or tenants.
UNITED COMMUNITY BANK,
as attorney-in-Fact for CORNELL
C. SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00498
THIS LAW FIRM IS
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION
OBTAINED Will BF USED
FOR THAT PURPOSE.
(/C/9,16,23,30B/16022-50T1P)
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 a
Security Deed from ALETHEA
R. COLE-SMITH to UNITED
COMMUNITY BANK, dated
March 8, 2006, recorded March
15, 2006, in Deed Book 277,
Page 626, Banks County, Georgia
Records, said Security Deed being
given to secure a Note from
ALETHE R. COLE-SMITH of even
date in the original principal
amount of Thirty Four Thousand
Two Hundred and 00/100
($34,200.00) Dollars, with inter
est from date at a rate per cent
per annum on the unpaid bal
ance until paid; there will be
sold by the undersigned at public
outcry to the highest bidder for
cash before the Courthouse door
at Banks County, Georgia, with
in the legal hours of sale on the
first Tuesday in August, 2008, the
following described property:
All that tract or parcel of land
lying and being in the 448th &
1580th General Militia District,
Banks County, City of Baldwin,
Georgia, being shown and des
ignated as Lot 29, Phase 4 of
the Apple Pie Ridge Subdivision,
containing 1.609 acres, more or
less on a plat of survey prepared
by Edwin G. Davidson, R.L.S.,
under date of June 10, 2004,
recorded in the Office of the
Clerk of Superior Court Banks
County, Georgia, in Plat Book E,
Pages 62-64, to which said plat
and the record thereof, reference
is hereby made for a more com
plete description.
Together with a permanent
non-exclusive easement for
ingress and egress to and from
the above described property via
the course of the existing subdi
vision roads, as shown on the
plat of survey referred to above.
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 purpose of
paying the same and all expens
es of this sale, as provided in
the Security Deed and by law,
including attorney's fees (notice
of intent to collect attorney's 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, easements, 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 ALETHEA R. COLE-SMITH
or a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney-in-Fact for ALETHEA
R. COLE-SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00499
THIS LAW FIRM IS
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION
OBTAINED Will BF USED
FOR THAT PURPOSE.
(JU9,16,23,30B/16022-50T1P)
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 BF USED
FOR THAT PURPOSE.
Under and by virtue of the
Power of Sale contained in a
Security Deed given by JAMES
LETSON A/K/A JAMESM. LETSON
to REGIONS MORTGAGE, INC.,
dated October 22, 1999, record
ed in Deed Book 150, Page 1,
Banks County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount
of FIFTY-SIX THOUSAND TWO
HUNDRED FIFTY AND 0/100
DOLLARS ($56,250.00), 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 August,
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 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 provid
ed in Security Deed and by law,
including attorneys fees (notice
of intent to collect attorneys fees
having been given).
Said property will be sold sub
ject to any outstanding ad valor
em 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.
The entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: Regions
Mortgage, 1900 Charles Bryan
Road AX2, Cordova, TN 38018,
800-986-2462. Please under
stand that the secured creditor is
not required by law to negotiate,
amend, or modify the terms of
the mortgage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is James Letson A/K/A James
M. Letson or a tenant or ten
ants and said property is more
commonly known as 210 West
Coker Road, Alto, Georgia
30510.
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.
Regions Bank sbm Regions
Mortgage, Inc as Attorney-in-Fact
for James Letson A/K/A James M.
Letson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www. foreclosurehotline .net
MR/as5 8/5/08
Our file no. 51538008-FT8
EXHIBIT A
All that tract or parcel of land
lying and being in G.M.D. 448
(Golden Hill) of Banks County,
Georgia, containing 3.557 acres,
more or less, as shown on plat
of survey prepared by Roy A.
Terrell, R.L.S., dated July 24,
1973 and recorded among Banks
County, Georgia records in Plat
Book 5, Page 17, said plat being
incorporated herein by reference
for a more full and complete
description.
Also conveyed are perpetual
rights of ingress and egress as
conveyed via by easement go
grantors by Charles Campbell,
Fannie Arrowood, Arthur
Arrowood, Wayne Arrowood,
Alfred Arrowood, and Linda
Arrowood Fairclough, which
easements are recorded among
Banks County, Georgia Records.
(/C/9,16,23,30B/12062-60T1P)
Notice of
Public Hearing
Please take notice that the fol
lowing applications have been
received by the Banks County
Planning Office:
CU-08-06 - Premier Hotel
Group - Application for a condi
tional use for a hotel on Frontage
Road. This property is zoned C-2,
General Commercial.
Tabled from the July, 2008
meeting:
CU-08-05 - Michael & Kay
Butcher - Conditional use permit
for an expansion of an internet
sales staff on Model A Lane.
The items are on file in the
office of the Banks County
Planning Commission and are
available for public review.
The Banks County Planning
Commission will hold a pub
lic hearing on the matters on
Tuesday, August 5, 2008, at 7
p.m., in the courtroom located
at the Banks County Courthouse
in Homer.
The Banks County
Commissioners will hold a pub
lic hearing on the matters on
Tuesday, August 12, 2008, at 6:30
p.m., in the courtroom located
at the Banks County Courthouse
in Homer, Georgia.
Interested persons are invited
to appear and comment.
This 16th day of July, 2008.
(JU16B/069-20)
Citation
Georgia, Banks County
Estate Nos. 2008-51 &
2008-52
In Re: Petition of THERESA I. &
WILLIAM D. JONES forTemporary
Letters of Guardianship
Estate of: ABIGAIL MELISSA
HOOPER and ETHAN JASE
HOOPER, Minors
To: Kenneth Jason Hooper
You are hereby notified that
a petition for the appointment
of a temporary guardian has
been filed regarding the above-
named minors. All objections
to the Petition described above
either to the appointment of
a temporary guardian or the
appointment of the petitioner (s)
as temporary 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 pub
lication. All pleadings must be
signed before a notary public or
Georgia probate court clerk, and
filing fees must be tendered with
your pleadings, unless you qual
ify 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 natural guardian files an
objection to the appointment of
the petitioner (s) as guardian(s),
or if a parent who is not a natu
ral guardian files an objection
to the petition, a hearing on the
matter shall be scheduled at a
later date.
Betty Thomas, Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Rd., Ste. 7
Homer, GA 30547
706-677-6250
(JU16,23P2)
Barnes Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
MARY ANNE EMMETTE BARNES,
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 7th day of July, 2008.
Elaine C. Smith
Leesa B. Shropshire
Executors/Administrators
465 Devils Pond Rd.
Crawford, GA 30630
(]U16,23,30AU6P4)
Wilbanks Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
ELIZABETH S. WILBANKS,
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 7th day of July, 2008.
Paula W. Hudgins
Executor/Administrator
4020 Ashford Way
G'ville, GA 30507
Ronald T. Wilbanks
Executor/Administrator
202 Harborgate Ct.
Cornelius, NC 28031
(]U16,23,30AU6P4)
Purcell Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
DONALD SANFORD PURCELL,
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 26th day of July, 2008.
Gloria S. Purcell
Executor/Administrator
924 Harden Bridge Road
Commerce, GA 30529
(JU2,9,16,23P4)
Barrett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
WILLIAM S. BARRETT, 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 18th day of June, 2008.
David S. Barrett
Executor/Administrator
12405 Charlotte Drive
Alpharetta, Georgia 30004
(]N25,JU2,9,16P4)
Beck Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
PAUL LEWIS BECK, 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 16th day of June, 2008.
Lynda Gene Roberts Beck
Executor/Administrator
1410 Harden Bridge Rd.
Commerce, GA 30529
(JN25,JU2,9,16P4)
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
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