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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) The Banks County News — your source for legal, social and community news. To subscribe, check us out on the web at www.mainstreetnews.com.