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WEDNESDAY, JULY 30, 2008 THE BANKS COUNTY NEWS PAGE 5B Public Notices Continued Said property will be sold subject to any outstanding ad valorem taxes, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, 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 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. 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. QU9,16,23,30B/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 prin cipal amount of SIXTY-FIVE THOUSAND ONE HUNDRED EIGHTY-THREE Dollars and 79/100 ($65,183.79) with inter est 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 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 survey 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 record ed 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 payable because of, among other possible events of default, non-payment of the monthly installments as required by said 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 pro vided in the Security Deed and by law, including attorney's fees (notice of intent to collect attor ney's fees having been given) and all other payments pro vided for under the terms of the Security Deed and Note. 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 inspec tion of the property, any assess ments, 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. 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, AN Y INFORM ATION OBTAINED Will. BF. USED FOR THAT PURPOSE. (JU9,16,23,30P4) 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 pub lic 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 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 pre pared 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 there of, reference is hereby made for a more complete 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 subdivision 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 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 the Security Deed and by law, including attor ney'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 mat ters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordi nances, 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. (JU9,16,23,30B/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 origi nal 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, within the legal hours of sale on the first Tuesday in August, 2008, the following described prop erty: 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 pre pared 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 there of, reference is hereby made for a more complete 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 subdivision 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 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 the Security Deed and by law, including attor ney'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 mat ters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordi nances, 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 JAMES M. LETSON to REGIONS MORTGAGE, INC., dated October 22, 1999, recorded in Deed Book 150, Page 1, Banks County, Georgia Records, con veying the after-described prop erty 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 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 disclosed by an accurate survey and inspec tion of the property, any assess ments, liens, encumbrances, zoning ordinances, 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 negoti ate, 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 tenants and said property is more commonly known as 210 West Coker Road, Alto, Georgia 30510. 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. 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. (JU9,16,23,30B/12062-60T1P) Notice to the Public The public is hereby notified that the Board of Commissioners of Banks County, Georgia, at its regular meeting on August 12, 2008, at 6:30 p.m. and on August 26, 2008, at 3:30 p.m. will consider the following: A resolution by the Board of Commissioners of Banks County, Georgia, under the Home Rule Provisions for Counties as set forth in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983 to amend an act of the General Assembly of Georgia entitled “Banks Board of Commissioners Created" GA. Laws 1916, P. 349; as amended 1962, P. 2242; so as to further amend said act to designate the structure at 150 Hudson Ridge, Homer, Georgia 30547 a Courthouse Annex; to provide for meetings of the commis sioners at the Courthouse and at the Courthouse Annex; to repeal conflicting ordinances; to provide for an effective date and for other purposes. The meeting on August 12, 2008, will take place at the Banks County Courthouse in the courtroom located at 144 Yonah-Homer Road, Homer, Georgia 30547, and the meet ing on August 26, 2008, will take place at the Banks County Courthouse Annex in the board room located at 150 Hudson Ridge, Homer, Georgia 30547. The public is hereby fur ther notified that in order to carry out the provisions of said Resolution, it is necessary for the Board of Commissioners of Banks County, Georgia to adopt a resolution at two con secutive meetings held not less than seven (7) nor more than sixty (60) days apart, which resolution specifically states the changes to be made in the origi nal act, the authority to amend the original act having been granted pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph I. The public is further notified that a copy of said proposed res olution has been filed with the Clerk of the Superior Court of Banks County, Georgia, Banks County Courthouse, Homer, Georgia, for examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon writ ten request, a copy therof. This 24th day of July, 2008. Banks County Board of Commissioners (JY30,AU6,13B/69-401P) Divorce Notice In the Superior Court of Banks County State of Georgia Civil Action No. 08CV377B Ronnie Gene Pressley, Plaintiff Robin Louise Pressley, Defendant TO: Robin Louise Pressley Notice of Publication By Order for service by pub lication dated the 18th day of July, 2008, you are hereby noti fied that on the 11th day of July, 2008, Ronnie Gene Pressley filed suit against you for Divorce. You are required to file with the Clerk of the Superior Court and to serve upon plaintiff's attorney, Ronnie Gene Pressley an Answer in writing within sixty (60) days of the date of the order for publication. WITNESS, the Honorable Robert W. Adamson, Judge of this Superior Court. This the 18th day of July, 2008. Elizabeth M. Gardiner Deputy Clerk, Superior Court (JY30,AU6,13,2 0P4) Notice of Public Hearing Please take notice that the following application has been received by the Banks County Commissioners office: V-08-02 - Bob Blackwell - Application for a variance to change property lines between two lots on Stirling Drive in the Windy Knoll Subdivision. This property is zoned ARR, Agricultural, Rural Residential. The above application is on file in the Banks County Commissioners office and avail able for public review. The Banks County Commissioners will hold a pub lic hearing on the matter on Wednesday, August 26, 2008 at 3:30 p.m. in the board room of the Banks County Courthouse Annex at 150 Hudson Ridge in Homer, Georgia. Interested persons are invited to appear and comment. (JY30,AU6B/69-20) Lewis Estate Notice to Debtors and Creditors All creditors of the Estate of MARTHA B. LEWIS, 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 11 day of July, 2008. Jerry L. Lewis Executor/Administrator 77 Ridge Creek Dr. Nicholson, GA 30565 (JU23,30,AU6,13P4) Saylors Estate Notice to Debtors and Creditors All creditors of the Estate of MARY ELLEN SAYLORS, late of Banks County, Georgia, deceased, 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. This 16th day of July, 2008. Dana Lynn Herrin, Executor of the Estate of Marry Ellen Saylors 224 Sol Drive Commerce, Ga. 30529 (]U23,30,AU6,13P4) (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 persons 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 (JU16,23,30AU6P4) 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) BUCKLE UP! IT’S THE LAW Banks County Commission PUBLIC NOTICE Jee woo Jun of MVP Cafe located at 123 Faulkner Drive at Banks Crossing has applied to Banks County for a “Malt Beverage Consumption License.” This application will be considered at a meeting of the Banks County Commissioners on August 12, 2008 at 6:30 p.m. in the courtroom of the Banks County Courthouse.