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PAGE 4B
THE BANKS COUNTY NEWS
THURSDAY, SEPTEMBER 25, 2008
Legal notices
Divorce Notice
In the Superior Court
of Banks County
State of Georgia
MICHAEL W. KELLY,
Plaintiff,
v.
PATRICIA ANNMARIE
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, MICHAEL W. KELLY
filed suit against you for Di
vorce.
You are required to file
with the Clerk of the Su
perior Court, and to serve
upon Plaintiff’s Attorney,
Joshua Welch, an answer
in writing within sixty (60)
days of the date of the or
der 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 here
by notified to render an ac
count of their demands to
the undersigned according
to law, and all persons in
debted to said estate are
required to make immedi
ate payment to us.
THIS 19th day of Aug.,
2008.
Royce L. Smith
Executor/Administrator
6277 Brady Rd.
Murrayville, GA 30564
(SE4,11,18,25P4)
Notice of Sale
Notice of Sale Under Power
By virtue of the power
contained in a Deed To
Secure Debt executed and
delivered by CHARLES D.
DANGLER to FREEDOM
BANK OF GEORGIA, dat
ed 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 in
debtedness, in addition to
interest accruing, there will
be sold at public outcry to
the highest bidder for cash,
before the Courthouse door
in Banks County, Georgia,
by the undersigned, acting
as Attorney-in-Fact for the
said CHARLES D. DAN
GLER as provided in said
Deed to Secure Debt, be
tween 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 sur
vey prepared for Hammer’s
Glen “The Reserve” Sub
division, by Lovell, Duvall,
Miller & Associates, Inc.,
Registered Surveyors,
dated December 1, 2003,
recorded in Plat Book E,
Page 12, 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 de
tailed description.
The debt secured by
said Deed to Secure Debt,
being in default, said pow
ers contained therein will
be exercised and the land
will be sold as property of
CHARLES D. DANGLER
by the undersigned, as At
torney-in-Fact for the said
CHARLES D. DANGLER.
Said property shall be
sold subject to any and all
outstanding easements
and right-of-way, restric
tions of record, if any, and
to all unpaid taxes and as
sessments.
The proceeds from said
sale will be applied to the
payment of the above-
styled indebtedness, the
expenses of the procedure,
attorney’s fees (notice as
required in Sec. 13-1-11,
O.C.G.A., 1982, as amend
ed, 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. DANGLER.
This 27th day of August,
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 indebt
edness secured by that
certain Security Deed, dat
ed April 15, 2002, executed
by LARRY E. WEHUNT
to MORTGAGE ELEC
TRONIC REGISTRATION
SYSTEMS, INC. recorded
in Deed Book 190, Page
974, Banks County, Geor
gia Deed Records, and
securing a Note in the
original principal amount
of $100,000.00, Mortgage
Electronic Registration
Systems, Inc., the current
holder thereof, has de
clared the entire amount
of said indebtedness evi
denced by the Note im
mediately due and payable
and, pursuant to the power
of sale contained in said
Security Deed, will, on
the first Tuesday in Octo
ber, 2008, to-wit: October
7, 2008, during the legal
hours of sale, before the
Banks County Courthouse
door, sell at public outcry to
the highest 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, Georgia, and be
ing that 2.43 acres, more or
less, designated as Tract 1
on a plat of survey prepared
for Mark Gravitt and David
Collins by Chris M. Patton,
Registered Surveyor, 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 incor
porated herein and made
a part hereof by reference
for a more detailed descrip
tion.
ALSO: 2000 Dynasty 27’
x 72’ Mobile Home; Serial
Number H814386GL&R
The aforedescribed real
property, together with the
2000 Dynasty 27’ x 72’
Mobile Home; Serial Num
ber H814386GL&R, is also
known as 815 Garrison
Road, Lula, Georgia, ac
cording to the present sys
tem of numbering houses
in Banks County, Georgia.
This sale will be con
ducted subject (1) to confir
mation that the sale is not
prohibited under the U.S.
Bankruptcy Code and (2)
to final confirmation and
audit as to the amount
and status of the loan with
the holder of the Security
Deed, including but not lim
ited to, a determination that
the borrower has not rein
stated the loan prior to the
foreclosure sale.
Said real property will
be sold subject to any out
standing ad valorem taxes
(including taxes which
are a lien, but not yet due
and payable), the right
of redemption of any tax
ing authority, any matters
which might be disclosed
by an accurate survey and
inspection of the real prop
erty, any assessments,
liens, encumbrances, zon
ing ordinances, restric
tions, covenants, and mat
ters of record superior to
the Security Deed first set
out above.
Upon information and
belief, said real property is
presently in the possession
or control of Larry E. We-
hunt and the proceeds of
said sale will be applied to
the payment of said indebt
edness and all the expens
es of said sale, including
attorney’s fees, all as pro
vided in said Security Deed
and the excess proceeds,
if any, will be distributed as
provided by law.
MORTGAGE ELEC
TRONIC REGISTRATION
SYSTEMS, INC. as Attor-
ney-in-Fact for LARRY E.
WEHUNT
David W. Adams, Es
quire
Ellis, Painter, Ratterree
& Adams LLP
2 East Bryan Street,
Suite 1001
Savannah, Georgia
31401
(912)233-9700
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT ON BEHALF OF
THE ABOVE-REFER
ENCED LENDER AND
ANY INFORMATION WILL
BE USED FOR THAT
PURPOSE.
(SE11,18,25,OC21328-60T4P)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS
ACTING AS A DEBT COL
LECTOR ATTEMPTING
TO COLLECT 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, A
MARRIED PERSON, to
UNION PLANTERS BANK,
NATIONAL ASSOCIATION
dated November 5, 2001,
recorded in Deed Book
181, Page 317, Banks
County, Georgia Records,
conveying the after-de
scribed property to secure
a Note in the original prin
cipal amount of SEVENTY
FOUR THOUSAND NINE
HUNDRED DOLLARS
($74,900.00) with interest
thereon as set forth therein,
there will be sold at public
outcry to the highest bidder
for cash before the Court
house door of Banks Coun
ty, Georgia, within the legal
hours of sale on the first
Tuesday in October, 2008,
the following described
property:
All that tract or parcel
of land lying and being in
the Hollingsworth (1580th)
GMD of Banks County,
Georgia, containing 1.47
acres, more or less, being
bounded on the West by
Highway 441; on the North
and East by lands of Stanley
Duckett and on the South
by lands of Dean James
Ayers and Kristy Ayers (for
merly 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 Re
cords in Plat Book 11, Page
35, reference to said plat is
being made for a more full
and complete description.
Said property is that tract
described in a Warranty
Deed recorded November
5, 1985, from William Otis
Hart and Evelyn Strickland
Hart to George W. Hart, Sr.
and Louise Williams Hart,
recorded in Deed Book 35,
Page 732, Banks County,
Georgia Records.
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 indebt
edness 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 ex
penses of this sale, as pro
vided in said Security Deed
and by law, including attor
neys 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 assess
ments, liens, encumbranc
es, zoning ordinances, re
strictions, 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 negotiate,
amend, or modify all terms
of the above described
mortgage is as follows: RE
GIONS BANK, 215 FOR
REST STREET, HATTIES
BURG, MS 39404-8001.
Telephone: 800-748-9498.
The foregoing notwith
standing, nothing in O. C.
G. A.§44-14-162.2 shall be
construed to require RE
GIONS BANK to negotiate,
amend or modify the terms
of the Deed to Secure Debt
described herein.
The sale will be con
ducted subject (1) to confir
mation 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.
This 26th day of August,
2008.
REGIONS BANK SUC
CESSOR 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, GA31601
(229) 257-0080
State Bar No. 773395
(SE11,18,25,0C2P4)
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 BANKING &
TRUST COMPANY, dated
June 10, 2004, and re
corded in Deed Book 239,
Page 267, Banks County,
Georgia Records (hereinaf
ter referred to as “Deed to
Secure Debt”), said Deed
to Secure Debt securing a
Promissory Note (“Note”)
in the original principal
sum of FORTY SEVEN
THOUSAND AND 00/100
DOLLARS ($47,000.00),
with interest from said date
at the rate stated in said
Note on the unpaid bal
ance until paid, there will
be sold by the undersigned
at public outcry to the high
est bidder for cash before
the Courthouse at Banks
County, Georgia, within
the legal hours of sale on
Tuesday, October 7, 2008,
the property 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 payable because
of, among other possible
events of default, failure
to make payments on said
Note. The debts remain
ing in default, this sale will
be made for the purpose of
paying the same and all ex
penses of this sale, includ
ing attorney’s fees.
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 assess
ments, liens, encumbranc
es, 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 extinguished
by the foreclosure sale con
templated by this Notice.
To the best knowledge
and belief of the under
signed, the Party in pos
session of the property is
Dream River Investments,
Inc. or a tenant or tenants,
and said property is more
commonly known as Tract
49, 5.009 acres, more or
less, BANKS COUNTY,
GEORGIA. However,
please only rely on the at
tached legal description for
the location of the property.
Branch Banking & Trust
Company, Attorney in Fact
for Dream River Invest
ments, 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, being on the south
westerly side of County
Road No. 62, and being
designated as Tract 49 and
more particularly shown
and delineated on a plat
of survey entitled “Sur
vey for: Silvermill Farms,”
dated December 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 incor
porated herein and made
a part hereof by reference
for a more detailed descrip
tion. Together 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 de
scribed plat. Said 60 foot
access strip being reserved
in a Warrant Deed to Geor
gia-Pacific Corporation re
corded at Deed Book 105,
Page 732, Banks County
Records.
(SE11,18,25,OC2P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of
Sale contained in Secu
rity Deed from JAMES H.
FREE to COMMUNITY
BANK & TRUST, dated Au
gust 25, 1992, which Deed
is recorded among Banks
County, Georgia Records in
Deed Book 74, Page 403,
said Security Deed being
given to secure a Note dat
ed October 25, 2004, in the
original principal amount
of THIRTY TWO THOU
SAND EIGHT HUNDRED
SIXTY NINE AND 14/100
($32,869.14) DOLLARS,
with interest thereon as set
forth therein, 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 October,
2008, (October 7, 2008)
the following described
property, to wit:
All that tract or parcel
of land lying and being in
Land Lot 215 of the 10th
Land District of Banks
County, Georgia, contain
ing 2.0 acres, more or less,
according to Plat of Survey
prepared by Hubert Lovell,
Registered Surveyor, dated
February 17, 1992, and
recorded among Banks
County, Georgia Records
in Plat Book , at Page
, reference being
made to said plat for a more
complete description of the
tract herein described and
conveyed, together with
the 1987 Fleetwood Mobile
Home located thereon.
Said property is known
as 581 Grant Mill Road,
Alto, Georgia, 30510, to
gether with all fixtures and
personal property attached
to and constituting a part of
said property if any.
Whereas, the Note se
cured by said Security Deed
has become in default as
to payment of the principal
and interest, and COMMU
NITY BANK & TRUST has
given notice of its intention
to foreclose said Security
Deed and claim attorney’s
fees as provided in said
Note and Security Deed.
The debt secured by
said Security Deed and
evidenced by said Note
has been and is hereby de
clared due because of the
non-payment of the current
indebtedness secured by
said Security Deed. The
debt remaining in default,
this sale will be made for
the purpose of paying said
indebtedness, including all
accrued and unpaid inter
est thereon, and attorney’s
fees and all expenses of
said sale.
Said property will be
sold subject to any out
standing ad valorem taxes
(including taxes which are
a lien, whether or not now
due and payable), the right
of redemption of any tax
ing authority, any matters
which might be disclosed
by an accurate survey and
inspection 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 sale will be con
ducted subject (1) to confir
mation 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 secu
rity deed.
The property will be sold
as the property of JAMES
continued on following page