Newspaper Page Text
THURSDAY, OCTOBER 16, 2008
THE BANKS COUNTY NEWS
PAGE 7B
3 Asset-Backed Certificates,
Series 2005-3 as Attorney in
Fact for Tommy Jones
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/gxw 11/4/08
Our file no. 5361608-FT1
EXHIBIT A
All that tract or parcel of
land lying and being in the
465th District, G.M., Banks
County, Georgia, and being
that 2.05 acres, more or
less, designated as Lot 31,
as more particularly shown
on a final plat of survey of
Mountain Creek Subdivision,
prepared by Morrison J.
Simms, Registered Surveyor,
dated December 12, 1987,
recorded in Plat Book A, Page
13, 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 description.
(OC9,16,23,30B/12062-60T1P)
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 Christopher Hunt and
Claire Josephine Kilcoyne
to Mortgage Electronic
Registration Systems, Inc.,
dated May 24, 2007, record
ed in Deed Book 306, Page
387, Banks County, Georgia
Records, as last trans
ferred to CHASE HOME
FINANCE 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 ONE HUNDRED
THIRTY-ONE THOUSAND
NINE HUNDRED AND 0/100
DOLLARS ($131,900.00),
with interest thereon as set
forth therein, there will be sold
at public outcry to the high
est bidder for cash before the
Courthouse door of Banks
County, Georgia, within the
legal hours of sale on the
first Tuesday in November,
2008, the following described
property:
SEE EXHIBITAATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been
and is hereby declared due
because 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor
is: Cenlar Federal Savings
Bank, 425 Phillips Boulevard,
Ewing, NJ 08618, (609) 883-
3900. 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 Christopher Hunt
and Claire Josephine Kilcoyne
or a tenant or tenants and said
property is more commonly
known as 131 Ridgeland
Drive, 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.
CHASE HOME FINANCE
as Attorney in Fact for
Christopher Hunt and Claire
Josephine Kilcoyne
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/gxw 11/4/08
Our file no. 52087608-FT1
EXHIBIT A
All that tract or parcel of
land lying and being in the
City of Maysville, GMD 465 of
Banks County, Georgia, being
designated as Lot 4, Block
A of Ridgeland Subdivision,
according to that final plat for
Ridgeland prepared by W.T.
Dunahoo and Associates, cer
tified by W.T. Dunahoo, Ga.
RLS 1577, dated October 12,
2005 and recorded in Plat
Book F, Page 104, Banks
County, Georgia Records,
which plat is incorporated
herein and made a part here
of by reference thereto for a
more complete description of
the property conveyed herein.
(OC9,16,23,30B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by ROBERT A.
BANKS and LESIA D. TIMMS
toMORTGAGEELECTRONIC
REGISTRATION SYSTEMS,
INC. dated June 20, 2007,
in the amount of $79,273.00,
and recorded in Deed Book
308, Page 607, Banks County,
Georgia Records, as lasttrans-
ferred to Mortgage Electronic
Registration Systems, Inc.
by assignment; the under
signed, Mortgage Electronic
Registration Systems, Inc.
pursuant to said deed and
the note thereby secured, has
declared the entire amount of
said indebtedness due and
payable and pursuant to the
power of sale contained in
said deed, will on the first
Tuesday in November, 2008,
during the legal hours of sale,
at the Courthouse door in
Banks County, sell at public
outcry to the highest bidder for
cash, the property described
in said deed to-wit:
All that tract or parcel of
land, together with improve
ments thereon, situate, lying
and being in the 465th District,
G.M., Bank County, Georgia,
designated at Lot 9, encom
passing 1.52 acres, more or
less, as shown on a plat of
survey entitled Survey for
Laura Nation and William
Scogin, prepared by Slate
& Associates, Inc., certified
by G. Brian Slate, GRLS
No. 2629, dated June 30,
1997, and being or record
in the Office of the Clerk of
the Superior Court for Bank
County, Georgia in Plat Book
22, Page 36, which said plat
and the recording thereof are
be reference incorporated
herein for a more complete
and detailed description.
Together with the mobile
home therein which has been
affixed to the above described
real estate with the intent that
it become part of the real
estate conveyed hereby.
which has the property
address of 155 Loggins
Road, Commerce, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
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.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Robert A.
Banks and Lesia D. Timms
and the proceeds of said sale
will be applied to the pay
ment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Robert A
Banks and Lesia D. Timms
Anthony DeMarlo, Attorney/
ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-20441 /FHA
THIS LAW FIRM IS
ACTING AS A
DEBT
COLLECTOR AND IS AT-
TEMPTING TO COLLECT
A DEBT. ANY INFORMA-
TION OBTAINED
WILL
BE USED FOR
THAT
PURPOSE.
(OC9,16,23,30B/1325-60)
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
KENNETH L. HULSEY to AIG
FEDERAL SAVINGS BANK,
dated June 21, 2004, record
ed in Deed Book 239, Page
687, Banks County, Georgia
Records, as last transferred
to The Bank of New York
Mellon Trust Company, N.A.
f/k/a The Bank of New York
National Trust Company,
N.A., as successor-in-interest
to JPMorgan Chase Bank,
National Association, as trust
ee - SURF-BC4 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 ONE HUNDRED
SIXTY-FOUR THOUSAND
EIGHT HUNDRED AND 0/100
DOLLARS ($164,800.00),
with interest thereon as set
forth therein, there will be sold
at public outcry to the high
est bidder for cash before the
Courthouse door of Banks
County, Georgia, within the
legal hours of sale on the
first Tuesday in November,
2008, the following described
property:
SEE EXHIBIT AATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been
and is hereby declared due
because 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Litton Loan Servicing, LP,
4828 Loop Central Drive,
Houston, TX 77081, 1-800-
807-3590. 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 Kenneth L. Hulsey
or a tenant or tenants and said
property is more commonly
known as 198 Banks Ridge
Drive, Baldwin, Georgia
30511.
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.
The Bank of New York
Mellon Trust Company, N.A.
f/k/a The Bank of New York
National Trust Company,
N.A., as successor-in-interest
to JPMorgan Chase Bank,
National Association, as trust
ee - SURF-BC4 as Attorney in
Fact for Kenneth L. Hulsey
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vn1 11/4/08
Our file no. 51916008-FT12
EXHIBIT A
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, containing
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 asso
ciates, 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.
(OC9,16,23,30B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale
contained in Security Deed
from WILLIAM O. DOVER
to TRADITIONS BANK,
A DIVISION OF RABUN
COUNTY BANK, dated
May 4, 2006, which Deed is
recorded among Habersham
County, Georgia Records in
Deed Book 281, Page 489,
said Security Deed being
given to secure a Note dated
October 23, 2006 in the origi
nal principal amount of ONE
HUNDRED SIXTY SEVEN
THOUSAND AND 00/100
($167,000.00) 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 November, 2008,
(November 4, 2008) the fol
lowing described property, to
wit:
All that tract or parcel of
land lying and being in Land
Lot 213 and 214 of the 10th
Land District of Banks County,
Georgia, being designated as
Lot 11, containing 3.61 acres,
more or less, on a plat of sur
vey for Wynn Shoals Estates,
prepared by Samuel L. Duvall,
RLS, dated March 11, 2005,
and last revised June 1,2005,
and recorded in Plat Book
E, Page 147, Banks County,
Georgia Records, said plat is
incorporated herein for a more
complete description.
Said property is known as
LOT 11, WYNN SHOALS
ESTATES, ALTO, GEORGIA,
together with all fixtures and
personal property attached to
and constituting a part of said
property if any.
Whereas, the Note secured
by said Security Deed has
become in default as to pay
ment of the principal and inter
est, and TRADITIONS BANK,
A DIVISION OF RABUN
COUNTY BANK has given
notice of its intention to fore
close 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 declared 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 pur
pose of paying said indebt
edness, including all accrued
and unpaid interest thereon,
and attorney’s fees and all
expenses of said sale.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, whether or
not now due and payable),
the right of redemption of any
taxing authority, any matters
which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
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 confirma
tion and audit of the status of
the loan with the holder of the
security deed.
The property will be sold as
the property of WILLIAM O.
DOVER, who, to the best of
the undersigned’s knowledge
and belief, is the party in pos
session of said property.
TRADITIONS BANK,
A DIVISION OF RABUN
COUNTY BANK,
as Attorney-in-Fact for
WILLIAM O. DOVER
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS
ACTING AS A DEBT COL
LECTOR. ANY INFORMA
TION OBTAINED WILL
BE USED FOR THAT
PURPOSE.
(OC9,16,23,30B/1326-60)
Notice of
Public Hearing
Please take notice that the
following application has been
received by the Banks County
Planning Office:
CU-08-08 - Charles R.
Hooper - Conditional use
application for an auto repair
shop at 2953 Hwy. 51,
South. This property is zoned
ARR, Agricultural, Rural-
Residential.
The above item is on file in
the office of the Banks County
Planning Commission and
available for public review.
The Banks County Planning
Commission will hold a pub
lic hearing on the matter
on Tuesday, November 4,
2008, at 7 p.m. in the board
room at the Banks County
Courthouse Annex at 150
Hudson Ridge. The Banks
County Commissioners will
hold a public hearing on the
matter on Tuesday, November
11, 2008, at 6:30 p.m. in the
board room at the Banks
County Courthouse annex at
150 Hudson Ridge. Interested
persons are invited to appear
and comment.
This 15th day of October,
2008.
(OC15B/069-20)
Yarbrough
Estate
Georgia, Banks County
Probate Court
Notice
SARAH YARBROUGH has
petitioned to be appointed
Administrator of the estate
of ARTHUR MORTON
YARBROUGH, deceased, of
said County. (The petitioner
has also applied for waiver of
bond and/or grant of certain
powers contained in O.C.G.A.
§53-12-232.) All interested
parties are hereby notified to
show cause why said peti
tion should not be granted.
All objections to the petition
must be in writing, setting
forth the grounds of any such
objections, and must be filed
with the court on or before
November 7, 2008, by 10:00
a.m. All pleadings/objections
must be signed before a nota
ry public or before a probate
court clerk, and filing fees
must be tendered with your
pleadings/objections, unless
you qualify to file as an indi
gent party. Contact probate
court personnel at the follow
ing address/telephone num
ber 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 with
out a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(OC16,23,30,NV6P4)
Caudell Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
MARY ODELLE CAUDELL,
deceased, late of Banks
County, Georgia, are hereby
notified to render an account
of their demands to the under
signed according to law, and
all persons indebted to said
estate are required to make
immediate payment to me.
This 25th day of September,
2008.
Ponda Caudell Wood
Executrix of the Estate of
Mary Odelle Caudell
c/o R. Thad McCormack,
PC.
1730 Thompson Bridge
Road
Gainesville, GA 30501
(OC9,l6,23,30P4)
Mealor Estate
Georgia, Banks County
Probate Court
Notice
BILLY G. MEALOR and
MILLIE M. VAUGHN have
petitioned to be appointed
Administrators of the estate
of ANNIE SUE MEALOR,
deceased, of said County.
(The petitioner has also
applied for waiver of bond
and/or grant of certain powers
contained in O.C.G.A. §53-12-
232.) All interested parties are
hereby notified to show cause
why said petition should not
be granted. All objections to
the petition must be in writing,
setting forth the grounds of
any such objections, and must
be filed with the court on or
before October 24, 2008. 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
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
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(OC2,9,16,23P4)
Vaughn Estate
Notice to
Debtors and Creditors
All creditors of the Estate
of JOE VERNER VAUGHN,
deceased, late of Banks
County, Georgia, are hereby
notified to render an account
of their demands to the under
signed according to law, and
all persons indebted to said
estate are required to make
immediate payment to us.
This 17th day of September,
2008.
Danny Vaughn
Executor/Administrator
1675 Sailors Road
Hull, Georgia 30643
(SE25,OC2,9,16P4)
Pafford Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
JUDY ANN PAFFORD, late
of Banks County, Georgia,
deceased, are hereby notified
to render in their demands to
the undersigned according to
law, and all persons indebted
to said estate are required to
make immediate payment.
This 11th day of September,
2008.
Tommy Dean Pafford
Executor of the Estate of
Judy Ann Pafford
220 Trout Lane
Commerce, GA 30529
(SE25,OC2,9,16P4)
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