The Banks County news. (Homer, Banks County, Ga.) 1968-current, September 11, 2008, Image 11

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THURSDAY, SEPTEMBER 11, 2008 THE BANKS COUNTY NEWS PAGE 11A 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. The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as suc- cessor-in-interest to JP- Morgan Chase Bank, National Association, as trustee - SURF-BC4 as Attorney in Fact for Ken neth L. Hulsey McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosure- hotline.net MR/nll 10/7/08 Our file no. 51916008- FT12 EXHIBITA All that tract or parcel of land situate lying and being in Land Lots 187, 5, and 202 of The 10th Land District of Banks County, Georgia, con taining 1.18 acres, more or less, and being known and designated as Lot 6 on Plat of survey for Banks Ridge Phase One, by Lovell, Duvall, Miller and associates, Inc., dated December 3, 1998 recorded in Plat Book 23, Page 191 of The Banks County Plat Records which Plat of survey is incorporated herein by reference as a part of this description. (SE11,18,25,OC2B/12062-70T1P) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AT- TEMPTING TO COL- LECT A DEBT. ANY INFORMATION OB- TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by JONA THAN POSTON and LINDSEY POSTON to WELLS FARGO BANK, NA, dated October 26, 2007, recorded in Deed Book 316, Page 464, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND TWO HUNDRED SIXTY-NINE AND 0/100 DOLLARS ($110,269.00), with inter est 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 le gal hours of sale on the first Tuesday in October, 2008, the following de scribed property: SEE EXHIBIT A AT TACHED HERETO AND MADE A PART HERE OF The debt secured by said Security Deed has been and is hereby de clared 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 remain ing in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, as provided in Se curity 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 out standing ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an ac curate survey and in spection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negoti ate, amend, and modify all terms of the mort gage 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 knowl edge and belief of the undersigned, the party in possession of the prop erty is Jonathan Poston and Lindsey Poston or a tenant or tenants and said property is more commonly known as 807 Sims Harris Road, Gillsville, Georgia 30543. The sale will be con ducted subject (1) to con firmation 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, NA as Attorney in Fact for Jonathan Poston and Lindsey Poston McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosure- hotline.net MR/jr1 10/7/08 Our file no. 51624308- FT5 EXHIBITA All that tract or parcel of land lying and being in the 1464th District, G.M. of Banks County, Georgia, being shown as Tract 3-C, containing 1.60 acres, as per plat of survey recorded in Plat Book 23, Page 147, Banks County, Georgia records, which plat is incorporated herein and made a part hereof by reference. This conveyance in cludes a Used 2004 Hor ton SH02 Manufactured Home, 66’ x 27’, se rial no. 8180621GL and 8180621GR. Said mo bile home is permanent ly affixed to the above described property. Subject to all ease ments, restrictions and covenants of record. (SE11,18,25,OC2B/12062-60T1P) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AT- TEMPTING TO COL- LECT A DEBT. ANY INFORMATION OB- TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by JOSH UA P. MCKINNEY to WELLS FARGO BANK, NA, dated July 23, 2007, recorded in Deed Book 310, Page 160, Banks County, Georgia Re cords, conveying the af ter-described property to secure a Note in the orig inal principal amount of ONE HUNDRED TWEN TY-NINE THOUSAND THREE HUNDRED FOUR AND 0/100 DOL LARS ($129,304.00), 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 October, 2008, the fol lowing described prop erty: SEE EXHIBIT A AT TACHED HERETO AND MADE A PART HERE OF The debt secured by said Security Deed has been and is hereby de clared 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 remain ing in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, as provided in Se curity 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 out standing ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an ac curate survey and in spection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negoti ate, amend, and modify all terms of the mort gage 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 under signed, the party in pos session of the property is Joshua P. Mckinney or a tenant or tenants and said property is more commonly known as 215 Wofford Creek Lane, Baldwin, Geor gia 30511. The sale will be con ducted subject (1) to con firmation 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, NA as Attorney in Fact for Joshua P. Mckinney McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosure- hotline.net MR/yrb 10/7/08 Our file no. 51822708- FT5 EXHIBITA All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 3.41 acres, more or less, and being designated as Tract 2 on a plat of survey prepared for Anthony Vento and Carolyn Vento by Rus sell Bartlett, R.S., under date of January 6, 1994, a copy of said plat being of record in the Office of the Clerk of Superior Court, Banks County, Georgia, in Plat Book 18, Page 124, to which said plat and the record thereof, reference is hereby made for a more complete description. Together with an ac cess more fully described in easement agreement dated July 12, 1991, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Deed Book 66, Page 195. Subject to all ease ments and restrictions of record, if any. (SE11,18,25,OC2B/12062-60T1P) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AT- TEMPTING TO COL- LECT A DEBT. ANY INFORMATION OB- TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by CARL R. MARTIN to MORTGAGE ELECTRONIC REGIS TRATION SYSTEMS, INC., dated August 18, 2005, recorded in Deed Book 264, Page 758, Banks County, Georgia Records, as last trans ferred to Suntrust Mort gage, Inc. by assign ment 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 ONE HUNDRED SIX TY-EIGHT THOUSAND THREE HUNDRED FIFTY AND 0/100 DOL LARS ($168,350.00), 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 October, 2008, the fol lowing described prop erty: SEE EXHIBIT A AT TACHED HERETO AND MADE A PART HERE OF The debt secured by said Security Deed has been and is hereby de clared 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 remain ing in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, as provided in Se curity 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 out standing ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an ac curate survey and in spection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negoti ate, amend, and modify all terms of the mort gage with the debtor is: Suntrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. Please understand that the se cured creditor is not re quired by law to negoti ate, amend, or modify the terms of the mort gage instrument. To the best knowledge and belief of the under signed, the party in pos session of the property is Carl R. Martin and Kim berly G. Martin or a ten ant or tenants and said property is more com monly known as 5283 Hwy. 51 South, Lula, Georgia 30554. The sale will be con ducted subject (1) to con firmation 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. Suntrust Mortgage, Inc. as Attorney in Fact for Carl R. Martin McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosure- hotline.net MR/tmw 10/7/08 Our file no. 5695306- FT7 EXHIBITA All that tract or parcel of land lying and being in the G.M.D. 1464, Banks County, Georgia, being 4.70 acres consisting of Tract A and Tract B as shown on plat of Survey for “Samuel A. Robin son, Sr. and Dorothy R. Robinson,” dated July 29, 1992, prepared by Jimmy D. Bullock and Associates, GA Reg. Sur. being recorded in the Clerk’s Office of the Superior Court of Banks County, GA in Plat Book 17, Page 97. Said plat and the record thereof are herein incorporated for a full and complete legal description. (SE11,18.25.0C2B/12062-60T1P) Wood Estate Georgia, Banks County Probate Court Notice The petition of JA NET S. WOOD, for a year’s support from the estate of DANIEL AAR ON WOOD, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby no tified to show cause, if any they have, on or be fore October 6, 2008, 10 A.M., why said petition should not be granted. All objections to the pe tition 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 public or before a probate court clerk, and filing fees must be ten dered with your plead ings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/ telephone number for the required 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, Pro bate Judge By: Kathy Hill Probate Clerk/Deputy Clerk Banks County Probate Court 144 Yonah-Homer Rd., Ste. 7 Homer, GA 30547 706-677-6250 (SE11,18,25,OC2B/071-20) FAX Legals to 706-387-5431 TOLBERTifi BRADFORD Attorneys at law STOP Foreclosures STOP Repossessions STOP Garnishments STOP Tax Levies STOP Creditor Harassment Chapter 13 Repayment (Pay only Filing Fees to Start) Chapter 7 Get a Fresh Start Free Initial Consultation Athens • 706-549-8545 • 320 E. Clayton Street, Suite 514 • Athens, GA 30601 Jefferson • 706-367-5290 • 62 Washington Street • Jefferson, Georgia 30549