The Banks County news. (Homer, Banks County, Ga.) 1968-current, October 23, 2008, Image 11
THURSDAY, OCTOBER 23, 2008
THE BANKS COUNTY NEWS
PAGE 11A
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 con
tained in a Security Deed
given by CHRISTOPHER
HUNT and CLAIRE
JOSEPHINE KILCOYNE to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated May 24, 2007,
recorded in Deed Book 306,
Page 387, Banks County,
Georgia Records, as last
transferred 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 prop
erty:
SEE EXHIBIT A ATTACHED
HERETO AND MADE A PART
HEREOF
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 indebtedness as and when
due and in the manner pro
vided 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 provided in Security
Deed and by law, including
attorneys fees (notice of intent
to collect attorneys fees hav
ing 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 mort
gage 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 confirmation 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 hereof 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
to MORTGAGE ELECTRONIC
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 last trans
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 confirmation 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 prop
erty:
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 possible
events of default, failure to pay
the indebtedness as and when
due and in the manner pro
vided 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 provided in Security
Deed and by law, including
attorneys fees (notice of intent
to collect attorneys fees hav
ing 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 confirmation 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 original 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 under
signed 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 pro
vided 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 cur
rent 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 confirmation
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)
Public Notice
The Banks County Board
of Health will hold a Public
Hearing regarding pro
posals to adopt Rules and
Regulations for Rabies Control
and Minimum Lot Sizes for
structures using on-site sew
age management systems in
Banks County, Georgia. The
date and time of the hearing
will be Thursday, October 30,
2008, at 3:00 PM. The loca
tion will be the Banks County
Health Department located
at 667 Thompson Street in
Homer, Georgia.
Copies of the proposed
Regulations may be obtained
at the Banks County Health
Department located at 667
Thompson Street in Homer,
Georgia.
(OC23B/1002-10)
Notice of
Special
Election
To the Electorate
of Banks County:
Pursuant to a Resolution of
the Board of Commissioners of
Banks County adopted August
12, 2008, and Senate Bill No.
558 (the “Act”) and pursu
ant to a call by the Election
Superintendent/Probate Judge
of Banks County, Georgia
issued on August 14, 2008,
notice is hereby given that
a special election has been
called and will be held on
Tuesday, November 4, 2008,
for the purpose of allowing
the voters of Banks County to
decide whether Banks County
should change the number
of commissioners from three
to five, with the chairperson
elected at-large and four com
missioners elected at-large
from Districts 1, 2, 3 and 4.
The election will be con
ducted in all respects in accor
dance with provisions of the
Georgia Election Codes and
the election will be held at the
regular polling places in Banks
County, Georgia between the
hours of 7:00 a.m. and 7:00
p.m. on November 4, 2008.
The ballot shall have written or
printed thereon the following
question:
()Yes
() No
Shall the Act be approved
which changes the form of
government of Banks County
from a three-member commis
sion to a five-member com
mission with four members
elected countywide but who
must reside and qualify within
a commissioner district and
a chairperson elected county
wide who shall be a fully vot
ing member of the board?
All persons desiring to vote
for approval of the Act shall
vote “Yes”, and all persons
desiring to vote for rejection of
the Act shall vote “No.” If more
than one-half of the
votes cast on such question
are for approval of the Act,
then Sections 1 through 4 of
this Act shall become effective
immediately. If this Act is not
so approved or if the election
is not conducted as provided
in this section, then Sections
1 through 4 of this Act shall
not become effective, and
this Act shall be automatically
repealed on the first day of
January immediately following
that election date.
Those residents of Banks
County qualified to vote in
such Special Election shall be
determined in all respects in
accordance with the election
laws of the State of Georgia.
By: Betty Thomas
Probate Judge and Election
Superintendent
Banks County, Georgia
(OC23,30B/069-40)
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 petition
should not be granted. All
objections to the petition must
be in writing, setting forth the
grounds of any such objec
tions, 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 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
(OC16,23,30,NV6P4)
Inc. Notice
Notice is given that Articles
of Incorporation which will
incorporate BANKS COUNTY
LITERACY COUNCIL
have been delivered to the
Secretary of State for filing in
accordance with the Georgia
Nonprofit Corporation Code.
The initial registered office
of the corporation is located
at 127 Hudson Valley Drive,
and its initial registered agent
at such address is Mellisa
Dalton.
(OC23,30P2)
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)
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