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PAGE 6B
THE BANKS COUNTY NEWS
THURSDAY, SEPTEMBER 18, 2008
Legal notices
Divorce Notice
In the Superior Court
of Banks County
State of Georgia
MICHAEL W. KELLY,
Plaintiff,
v.
PATRICIA AN N MARI E
KELLY, Defendant.
Civil Action Case No.
08-CV-488X
Notice of Publication
By Order for service
by publication dated
the 28th day of August,
2008, you are hereby
notified that on the 28th
day of August, 2008, MI
CHAEL W. KELLY filed
suit against you for Di
vorce.
You are required to
file with the Clerk of the
Superior Court, and to
serve upon Plaintiff’s At
torney, Joshua Welch,
an answer in writing
within sixty (60) days of
the date of the order for
publication.
WITNESS, the Honor
able David Motes, Judge
of the Superior Court.
This 28 day of August,
2008.
By: Tim Harper
Clerk, Superior Court
(SE4,11,18,25P4)
Smith Estate
Notice to
Debtors and Creditors
All creditors of the Es
tate of LEROY SMITH,
deceased, late of Banks
County, Georgia, are
hereby notified to ren
der an account of their
demands to the under
signed according to law,
and all persons indebted
to said estate are re
quired to make immedi
ate payment to us.
THIS 19th day of Aug.,
2008.
Royce L. Smith
Executor/Administra
tor
6277 Brady Rd.
Murrayville, GA 30564
(SE4,11,18,25P4)
Notice of Sale
Notice of Sale Under
Power
By virtue of the pow
er contained in a Deed
To Secure Debt ex
ecuted and delivered
by CHARLES D. DAN
GLER to FREEDOM
BANK OF GEORGIA,
dated November 21,
2006, and recorded in
Deed Book 293, Page
478, Banks County,
Georgia Records, and
recorded securing a note
of even date, and any
other present or future
indebtedness, in addi
tion to interest accruing,
there will be sold at pub
lic outcry to the highest
bidder for cash, before
the Courthouse door in
Banks County, Georgia,
by the undersigned, act
ing as Attorney-in-Fact
for the said CHARLES
D. DANGLER as provid
ed in said Deed to Se
cure Debt, between the
hours of 10:00 A.M. and
4:00 P.M. Eastern Time,
on the first Tuesday in
October, to-wit; October
7, 2008:
All that tract or parcel
of land lying and being
in the 1210th District,
G.M., Banks County,
Georgia, and being that
1.13 acres, more or less,
designated as Lot 13, on
a plat of survey prepared
for Hammer’s Glen “The
Reserve” Subdivision,
by Lovell, Duvall, Miller
& Associates, Inc., Reg
istered Surveyors, dated
December 1, 2003, re
corded in Plat Book E,
Page 12, in the Office of
the Clerk of the Superior
Court of Banks County,
Georgia and incorpo
rated herein and made a
part hereof by reference
for a more detailed de
scription.
The debt secured by
said Deed to Secure
Debt, being in default,
said powers contained
therein will be exer
cised and the land will
be sold as property of
CHARLES D. DANGLER
by the undersigned, as
Attorney-in-Fact for the
said CHARLES D. DAN
GLER.
Said property shall be
sold subject to any and
all outstanding ease
ments and right-of-way,
restrictions of record,
if any, and to all unpaid
taxes and assessments.
The proceeds from
said sale will be applied
to the payment of the
above-styled indebted
ness, the expenses of
the procedure, attor
ney’s fees (notice as
required in Sec. 13-1-
11, O.C.G.A., 1982, as
amended, having been
sent), and the balance,
if any, shall be applied
as provided in said Deed
to Secure Debt. Proper
conveyance will be made
to the purchaser at the
sale by the
undersigned acting as
Attorney-in-Fact for the
said CHARLES D. DAN
GLER.
This 27th day of Au
gust, 2008.
FREEDOM BANK OF
GEORGIA As Attorney-
in-Fact for CHARLES D.
DANGLER
Allen L. Lacey, Jr.
Attorney at Law
P. O. Box 356
Commerce, Georgia
30529
(706)335-7886
(SE11.18,25,OC2B/1324-40T1)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default
in the payment of the
indebtedness secured
by that certain Secu
rity Deed, dated April
15, 2002, executed by
LARRY E. WEHUNT
to MORTGAGE ELEC
TRONIC REGISTRA
TION SYSTEMS, INC.
recorded in Deed Book
190, Page 974, Banks
County, Georgia Deed
Records, and secur
ing a Note in the origi
nal principal amount of
$100,000.00, Mortgage
Electronic Registra
tion Systems, Inc., the
current holder thereof,
has declared the entire
amount of said indebt
edness evidenced by
the Note immediately
due and payable and,
pursuant to the power
of sale contained in said
Security Deed, will, on
the first Tuesday in Oc
tober, 2008, to-wit: Oc
tober 7, 2008, during
the legal hours of sale,
before the Banks County
Courthouse door, sell at
public outcry to the high
est bidder for cash, the
following described real
property:
All that tract or parcel
of land lying and being in
the 912th District, G.M.,
Banks County, Geor
gia, and being that 2.43
acres, more or less, des
ignated as Tract 1 on a
plat of survey prepared
for Mark Gravitt and Da
vid Collins by Chris M.
Patton, Registered Sur
veyor, dated August 6,
2001, recorded at Plat
Book C, Page 161, 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.
ALSO: 2000 Dy
nasty 27’ x 72’ Mobile
Home; Serial Number
H814386GL&R
The aforedescribed
real property, togeth
er with the 2000 Dy
nasty 27’ x 72’ Mobile
Home; Serial Number
H814386GL&R, is also
known as 815 Garrison
Road, Lula, Georgia,
according to the pres
ent system of numbering
houses in Banks County,
Georgia.
This 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 confirma
tion and audit as to the
amount and status of
the loan with the holder
of the Security Deed,
including but not limited
to, a determination that
the borrower has not re
instated the loan prior to
the foreclosure sale.
Said real property will
be sold subject to any
outstanding ad valorem
taxes (including taxes
which are a lien, but not
yet due and payable),
the right of redemption
of any taxing authority,
any matters which might
be disclosed by an accu
rate survey and inspec
tion of the real property,
any assessments, liens,
encumbrances, zoning
ordinances, restrictions,
covenants, and matters
of record superior to the
Security Deed first set
out above.
Upon information and
belief, said real prop
erty is presently in the
possession or control
of Larry E. Wehunt and
the proceeds of said
sale will be applied to
the payment of said in
debtedness and all the
expenses of said sale,
including attorney’s fees,
all as provided in said
Security Deed and the
excess proceeds, if any,
will be distributed as pro
vided by law.
MORTGAGE ELEC
TRONIC REGISTRA
TION SYSTEMS, INC.
as Attorney-in-Fact for
LARRY E. WEHUNT
David W. Adams, Es
quire
Ellis, Painter, Ratter-
ree & Adams LLP
2 East Bryan Street,
Suite 1001
Savannah, Georgia
31401
(912) 233-9700
THIS LAW FIRM
IS ATTEMPTING TO
COLLECT A DEBT
ON BEHALF OF THE
ABOVE-REFERENCED
LENDER AND ANY IN
FORMATION WILL BE
USED FOR THAT PUR
POSE.
(SE11,18,25,OC21328-60T4P)
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 AMBER
ANDREWS,AMARRIED
PERSON, to UNION
PLANTERS BANK, NA
TIONAL ASSOCIATION
dated November 5,
2001, recorded in Deed
Book 181, Page 317,
Banks County, Georgia
Records, conveying the
after-described property
to secure a Note in the
original principal amount
of SEVENTY FOUR
THOUSAND NINE
HUNDRED DOLLARS
($74,900.00) 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:
All that tract or par
cel of land lying and be
ing in the Hollingsworth
(1580th)GMD of Banks
County, Georgia, con
taining 1.47 acres, more
or less, being bounded
on the West by Highway
441; on the North and
East by lands of Stan
ley Duckett and on the
South by lands of Dean
James Ayers and Kristy
Ayers (formerly Hart).
Said tract is more fully
described on a Plat of
Survey prepared by Max
Lewallen, RLS, dated
October 16, 1985, and
said plat being recorded
among Banks County,
Georgia Records in Plat
Book 11, Page 35, refer
ence to said plat is being
made for a more full and
complete description.
Said property is that
tract described in a War
ranty Deed recorded
November 5, 1985, from
William Otis Hart and
Evelyn Strickland Hart to
George W. Hart, Sr. and
Louise Williams Hart, re
corded in Deed Book 35,
Page 732, Banks Coun
ty, Georgia Records.
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 said
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 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.
To the best knowledge
and belief of the under
signed, the party in pos
session of the property
is AMBER ANDREWS, A
MARRIED PERSON or
a tenant or tenants and
said property is more
commonly known as
4366 HWY 441 ALTO,
GA 30510.
Pursuant to O. C. G. A.
§44-14-162.2, the name,
address and telephone
number of the individual
or entity who shall have
the full authority to nego
tiate, amend, or modify
all terms of the above
described mortgage is
as follows: REGIONS
BANK, 215 FORREST
STREET, HATTIES
BURG, MS 39404-8001.
Telephone: 800-748-
9498. The foregoing not
withstanding, nothing in
O. C. G. A.§44-14-162.2
shall be construed to re
quire REGIONS BANK
to negotiate, amend or
modify the terms of the
Deed to Secure Debt de
scribed herein.
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.
This 26th day of Au
gust, 2008.
REGIONS BANK
SUCCESSOR BY
MERGER TO UNION
PLANTERS BANK,
N.A., AS ATTORNEY IN
FACT FOR AMBER AN
DREWS, A MARRIED
PERSON
DAVID M.WOLFSON,
P. C.
Attorney at Law
1010 Williams Street
Valdosta, GA 31601
(229) 257-0080
State Bar No. 773395
(SE11,18,25,OC2P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power
of sale contained in that
certain Georgia Security
Deed & Security Agree
ment from DREAM
RIVER INVESTMENTS,
INC. to BRANCH BANK
ING & TRUST COMPA
NY, dated June 10, 2004,
and recorded in Deed
Book 239, Page 267,
Banks County, Georgia
Records (hereinafter re
ferred to as “Deed to Se
cure Debt”), said Deed
to Secure Debt secur
ing a Promissory Note
(“Note”) in the original
principal sum of FORTY
SEVEN THOUSAND
AND 00/100 DOLLARS
($47,000.00), with inter
est from said date at the
rate stated in said Note
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 at
Banks County, Georgia,
within the legal hours of
sale on Tuesday, Octo
ber 7, 2008, the prop
erty described on Exhibit
“A” attached hereto and
incorporated herein by
reference. The debts
secured by said Deed
to Secure Debt have
been and are hereby
declared due and pay
able because of, among
other possible events of
default, failure to make
payments on said Note.
The debts remaining in
default, this sale will be
made for the purpose of
paying the same and all
expenses of this sale, in
cluding attorney’s fees.
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,
easements, covenants,
and matters of record
superior to the Deeds to
Secure Debt first set out
above, including, but not
necessarily limited to,
senior encumbrances
that will not be extin
guished by the foreclo
sure sale contemplated
by this Notice.
To the best knowledge
and belief of the under
signed, the Party in pos
session of the property
is Dream River Invest
ments, Inc. or a tenant or
tenants, and said prop
erty is more commonly
known as Tract 49,
5.009 acres, more or
less, BANKS COUNTY,
GEORGIA. However,
please only rely on the
attached legal descrip
tion for the location of
the property.
Branch Banking &
Trust Company, Attorney
in Fact for Dream River
Investments, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest
Drive
Suite 325
Atlanta, Georgia
30328
(404) 252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel
of land lying and being in
the 207th District, G.M.,
Banks County, Georgia
and being that 5.009
acres, more or less, be
ing on the southwesterly
side of County Road No.
62, and being desig
nated as Tract 49 and
more particularly shown
and delineated on a
plat of survey entitled
“Survey for: Silvermill
Farms,” dated Decem
ber 18, 1995, prepared
by Cornerstone Land
Surveying, James R.
Smith, Registered Sur
veyor, and recorded at
Plat Book 22, Page 44,
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. To
gether with the right of
ingress and egress to
the above referenced
property by means of the
60 foot access easement
as shown on the above
described plat. Said 60
foot access strip being
reserved in a Warrant
Deed to Georgia-Pacific
Corporation recorded at
continued on following page
