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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