The Banks County news. (Homer, Banks County, Ga.) 1968-current, August 28, 2008, Image 9

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THURSDAY, AUGUST 28, 2008 THE BANKS COUNTY NEWS PAGE 9A Legal notices Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACT ING AS ADEBT 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 CLIFF SIKES to FIRST FRANKLIN A DIVISION OF NAT. CITY BANKOF IN, dated August 12, 2005, recorded in Deed Book 264, Page 94, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for First Franklin Mort gage Loan Trust 2005-FFH4, Asset-Backed Certificates, Series 2005-FFH4 by assign ment to be recorded in the Office of the Clerk of Supe rior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the origi nal principal amount of ONE HUNDRED FOUR THOU SAND AND 0/100 DOLLARS ($104,000.00), with interest thereon as set forth therein, there will be sold at public out cry to the highest bidder for cash before the Courthouse door of Banks County, Geor gia, within the legal hours of sale on the first Tuesday in September, 2008, the follow ing described property: SEE EXHIBIT A AT TACHED HERETO AND MADEA PART HEREOF The debt secured by said Security Deed has been and is hereby declared due be cause of, among other pos sible events of default, fail ure 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 pro vided 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 accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. The entity that has full au thority to negotiate, amend, and modify all terms of the mortgage with the debtor is: National City Home Loan Services, Inc., 150 Allegh eny Center-ICD 23-521, Pitts burgh, PA 15212, (412) 442- 3894. Please understand 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 property is Cliff Sikes or a ten ant or tenants and said prop erty is more commonly known as 4945 Yonah Homer Rd., 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 confir mation and audit of the status of the loan with the holder of the security deed. Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, As set-Backed Certificates, Se ries 2005-FFH4 as Attorney- in-Fact for Cliff Sikes McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www. foreclosure hotline, net MR/lo1 9/2/08 Our file no. 51646308-FT1 EXHIBIT A All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 0.76 acres, more or less, as more particularly shown on a plat of survey prepared for Carol Allen by Jimmy B. Bullock, registered surveyor, dated September 4, 2000, re corded in Plat Book C, Page 102, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incor porated herein and made a part hereof by reference for a more detailed description. (AU6,13,20,27B/12062-60T1P) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACT ING 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 MI CHAEL H. IVEY to WELLS FARGO HOME MORTGAGE, INC., dated April 19, 2004, recorded in Deed Book 235, Page 305, Banks County, Georgia Records, convey ing the after-described prop erty to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($84,500.00), 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 September, 2008, the following described prop erty: SEE EXHIBIT A AT TACHED HERETO AND MADEA PART HEREOF The debt secured by said Security Deed has been and is hereby declared due be cause of, among other pos sible events of default, fail ure 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 pro vided 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 accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. The entity that has full au thority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416- 1472. Please understand 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 property is Michael H. Ivey or a tenant or tenants and said property is more com monly known as 160 Kay Drive, Carnesville, Georgia 30521. 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 confir mation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, N.A. sbm Wells Fargo Home Mort gage, Inc. as Attorney in Fact for Michael H. Ivey McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www. foreclosure hotline, net MR/tmw 9/2/08 Our file no. 5393108-FT7 EXHIBIT A That tract or parcel of Land lying and being in the 1206th GMD of Banks County, Geor gia, being described as Lot 2, containing 2.00 acres, more or less, as shown on a plat of survey for Fred Kay & Jean P. Kay and Dwayne Ivey & Diana K. Ivey dated July 16, 1980, revised July 28, 1980, divided November 26, 2003, and recorded in Plat Book 28, Page 93, Banks County Re cords; said plat being incorpo rated herein by reference for a more complete description of the property. This being a portion of the property con veyed by Warranty Deed from Alfred H. Poole and Mrs. Cleo E. Poole to Fred Kay, Jean P. Kay, Dwayne Ivey and Diane K. Ivey dated August 7, 1980 and recorded in Deed Book 21, Page 537, Banks County Records. Together with is a 20’ easement for ingress, egress and utilities, a complete de scription of which is shown on the above-referenced plat of survey. Together with an improvement and immovable fixture permanently attached thereto, a 2004 Fleetwood Entertainer, Serial Number GAFL434AB76898-CY12. (AU6,13,20,27B/12062-70T1P) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACT ING 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 BAS- COM MARTIN JR. aka BAS- COM JUNIOR MARTIN to FIRST NATIONAL BANK OF JACKSON COUNTY, dated August 24, 1992, recorded in Deed Book 74, Page 380, Banks County, Georgia Re cords and as modified by that certain Loan Modifica tion Agreement recorded in Deed Book 210, Page 450, Banks County, Georgia Re cords, as last transferred to Regions Bank 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 principal amount of TWENTY THOU SAND AND 0/100 DOLLARS ($20,000.00), with interest thereon as set forth therein, there will be sold at public out cry to the highest bidder for cash before the Courthouse door of Banks County, Geor gia, within the legal hours of sale on the first Tuesday in September, 2008, the follow ing described property: SEE EXHIBIT A AT TACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed has been and is hereby declared due be cause of, among other pos sible events of default, fail ure 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 pro vided 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 accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. The entity that has full au thority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Financial Corpora tion, Attn Debbie Renfroe, 106 St. Francis St., Mobile, AL 36622, 1-800-290-5358. Please understand that the secured creditor is not re quired 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 property is Bascom Martin Jr. aka Bascom Junior Martin or a tenant or tenants and said property is more commonly known as 131 Wilson St., Maysville, Georgia 30558. 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 confir mation and audit of the status of the loan with the holder of the security deed. Regions Bank as Attorney in Fact for Bascom Martin Jr. aka Bascom Junior Martin McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosu rehotline, net MR/as5 9/2/08 Our file no. 51301008-FT8 EXHIBIT A All that tract or parcel of land lying and being in the 465th (Anderson District), G.M., Banks County, State of Georgia, and lying within the corporate limits of the town of Maysville, Georgia and be ing 0.405 acre, more or less, as shown by a plat of survey for William J. Aikens and Jr. Martin prepared by Corner stone Land Surveying, Geor gia Registered Land Surveyor number 2407, and dated 3-4- 89, said plat of survey be ing specifically incorporated herein by reference, and more particularly described as follows: Beginning at a point on the northwest right of way of Wilson Street seventeen feet from the center line of said Wilson Street as a corner common to lands of Bascom Martin, Jr. also known as Bas com Junior Martin and now or formerly Rodney and Tammy McFadden, thence North 64 degrees 03’ 39” West 174.75 feet to an iron pipe; thence North 25 degrees 16’ 41” East 96.54 feet to an axle set on the East edge of a fence; thence South 65 degrees 05’ 51” East 185.22 feet to a point; thence South 31 degrees 16’ 33” West 100.32 feet to the Point of Beginning. Reference is made to said plat of survey, a copy of which is recorded at Plat Book 14, page 128, Banks County, Georgia records. (AU6,13,20,27B/12062-80T1P) Citation Georgia, Banks County Estate No. 2008-56 In Re: Petition of BONITTA & FREDERICK L. BABB for Temporary Letters of Guard ianship Estate of: SHAWN CHRIS TOPHER FREDERICK BABB, Minor To: EDWARD L. BROWN JR. You are hereby notified that a petition for the appoint ment of a temporary guard ian has been filed regarding the above-named minor. All objections to the Petition de scribed above either to the appointment of a temporary guardian or the appointment of the petitioner(s) as tem porary guardian(s), must be in writing, setting forth the grounds of any such objec tions, and must be filed with this Court no later than 10 days after this notice is per sonally served upon you, or ten days after the second pub lication of this notice, if you are served by publication. All pleadings must be signed be fore a notary public or Geor gia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indi gent party. Contact probate court personnel at the below address/telephone number for the required amount of fil ing fees. NOTE: If a natural guard ian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natu ral guardian files an objec tion to the appointment of the petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be held at a later date in the Probate Court of Banks County. Betty Thomas, Probate Judge By: Kathy Hill Probate Clerk/Deputy Clerk 144 Yonah Homer Rd. Ste. 7 Homer, GA 30547 706-677-6250 (AU28,SE4P2) Blalock Estate Notice to Debtors and Creditors All creditors of the Estate of RALPH ELI BLALOCK, de ceased, 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 immedi ate payment to us. This 11 day of August, 2008. Jerry R. Blalock Executor/Administrator 4686 Highway 63 Carnesville, GA 30521 (AU21,28,SE4/11P4) McCallister Estate Notice to Debtors and Creditors All creditors of the Estate of JAMES GLENN MCCAL LISTER, 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 8 day of August, 2008. Beverly Kaye Huntoon Executor/Administrator PO. Box 456 Homer, GA 30547 (AU21,28,SE4,11/B1324-10) Wilson Estate Notice to Debtors and Creditors All creditors of the Estate of BETTY R. WILSON, de ceased, 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 immedi ate payment to us. THIS 8th day of August, 2008. Raymond F. Wilson Annie Bob McDuffie Executors/Administrators 340 McDonald Circle Commerce, GA 30529 (AU21,28,SE4,11P4) Sprayberry Estate Georgia, Banks County Probate Court Notice The petition of BETTY J. SPRAYBERRY, aka Elizabeth Chambers Sprayberry, for a year’s support from the estate of JAMES ALEX SPRAYBER RY, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before Tuesday, Sep tember 2, 2008, 10:00 AM, why said petition should not be granted. All objections to the peti tion must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary pub lic or before a probate court clerk, and filing fees must be tendered with your pleadings/ objections, unless you qualify to file as an indigent party. Contact probate court person nel at the following address/ telephone number for the re quired amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. Betty Thomas Probate Judge By: Kathy Hill Probate Clerk/Deputy Clerk Banks County Probate Court 144 Yonah Homer Rd., Suite 7 Homer, GA 30547 706-677-6250 (AU6,13,20,27P4) Carlan Estate Georgia, Banks County Probate Court Notice The petition of PHYLLIS JUNE RAY CARLAN, for a year’s support from the es tate of JERRY CARLAN, de ceased, for decedent’s surviv ing spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before Tuesday, Septem ber 2, 2008, 10:00 AM, why said petition should not be granted. All objections to the peti tion must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary pub lic or before a probate court clerk, and filing fees must be tendered with your pleadings/ objections, unless you qualify to file as an indigent party. Contact probate court person nel at the following address/ telephone number for the re quired amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. Betty Thomas Probate Judge By: Kathy Hill Probate Clerk/Deputy Clerk Banks County Probate Court 144 Yonah Homer Rd., Suite 7 Homer, GA 30547 706-776-2196 (AU6,13,20,27P4) Bowden Estate Georgia, Banks County Probate Court Notice The petition of MARY RUTH BOWDEN, for a year’s support from the estate of LEE ROY BOWDEN, de ceased, for decedent’s surviv ing spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before Tuesday, Septem ber 2, 2008, 10:00 AM, why said petition should not be granted. All objections to the peti tion must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary pub lic or before a probate court clerk, and filing fees must be tendered with your pleadings/ objections, unless you qualify to file as an indigent party. Contact probate court person nel at the following address/ telephone number for the re quired amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. Betty Thomas Probate Judge By: Kathy Hill Probate Clerk/Deputy Clerk Banks County Probate Court 144 Yonah Homer Rd., Suite 7 Homer, GA 30547 706-677-6250 (AU6,13,20,27P4) Name Change Notice of Name Change In the Superior Court of Banks County State of Georgia Civil Action File No. 08-CV- 405B Ricky Anthony Miller, Peti tioner In re: Anthony Lane Fergu son, (A minor child) PLEASE TAKE NOTICE that on the 24th day of July, 2008, RICKY ANTHONY MILLER filed a Petition in the Superior Court of Banks County, Georgia, seeking a name change for his minor child from ANTHONY LANE FERGUSON to ANTHONY LANE MILLER. Any interest ed or affected party has the right to appear and file objec tions. At the expiration of thirty (30) days from the filing of the Petition, upon proof of publi cation, and if no objection is filed, the Court shall proceed to hear and determine all mat ters raised by said Petitioner. By: Ricky Anthony Miller, Petitioner By: Brian C. Ranch Georgia Bar No. 593714 Attorney for Petitioner Sanders, Smith & Ranck, PC. PO. Box 1005 Toccoa, Georgia 706-886-7533 (AU6,13,20,27P4) The foreclosure adver tisement deadline for the October 2008, sale date is NOON Thursday, September 4, 2008. Run dates are Sept. 11,18,25, Oct. 2, 2008.