Newspaper Page Text
THURSDAY, OCTOBER 30, 2008
THE BANKS COUNTY NEWS
PAGE 1 3 A
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, certi
fied 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 con
veyed 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. pur
suant to said deed and the note
thereby secured, has declared
the entire amount of said indebt
edness 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 sur
vey entitled Survey for Laura
Nation and William Scogin, pre
pared 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 per
sonal property conveyed 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 payment of said
indebtedness, the expense
of said sale, all as provided
in said deed, and the under
signed will execute a deed to
the purchaser as provided 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
trustee - SURF-BC4 by assign
ment 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 pub
lic outcry to the highest 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 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 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, encumbrances,
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 mort
gage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is Kenneth L. Hulsey or a
tenant or tenants and said prop
erty 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.fo red os u re hotline, 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 there
on as set forth therein, there
will be sold by the undersigned
at public outcry to the high
est 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 follow
ing 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 purpose
of paying said indebtedness,
including all accrued and
unpaid interest thereon, and
attorney’s fees and all expens
es 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 tax
ing authority, any matters which
might be disclosed by an accu
rate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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
R 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
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 vot
ers of Banks County to decide
whether Banks County should
change the number of com
missioners from three to five,
with the chairperson elected at-
large and four commissioners
elected at-large from Districts
1,2, 3 and 4.
The election will be conduct
ed 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 voting
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 elec
tion date.
Those residents of Banks
County qualified to vote in such
Special Election shall be deter
mined in all respects in accor
dance with the election laws of
the State of Georgia.
By: Betty Thomas
Probate Judge and Election
Superintendent
Banks County, Georgia
(OC23,3 OB/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 par
ties are hereby notified to show
cause why said petition should
not be granted. All objections
to the petition must be in writ
ing, 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/objec
tions must be signed before
a notary public 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 personnel 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 corpora
tion is located at 127 Hudson
Valley Drive, and its initial reg
istered 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 immedi
ate 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
(OC9,16,23,30P4)
Inc. Notice
Notice is given that Articles
of Incorporation which will
incorporate BANKS COUNTY
FOOTBALL COACHES CLUB,
INC. will be delivered to the
Secretary of State for filing in
accordance with the Georgia
Business Corporation Code.
(O.C.G.A. Sec. 14-2-201.1)
The initial registered office of
the corporation will be located
at 424 Yonah Homer Road,
Homer, Georgia, and its ini
tial registered agent at such
address is Kevin Cape.
(OC30,NV6P2)
Adoption
Notice
In the Superior Court of
Banks County
State of Georgia
Adoption No. 08 A 07
In Re: Petition of MORGAN
A. SMITH, II
for the adoption of S.T.H., a
minor female child born May
21, 1994
TO: Michael Hobgood
2352 Plymouth Lane
Norcross, Georgia 30071
By Order of the Court for
service by publication dated
September 22, 2008, you are
hereby notified that on July 14,
2008, Morgan A. Smith filed a
Motion to Terminate Parental
Rights. You are required to file
with the Clerk of the Superior
Court at PO. Box 337, Homer,
Georgia 30046, and to serve
upon the Petitioner’s attorney,
Amy Brown Harbst at P.O.
Box 236, Cleveland, Georgia,
30528, an answer in writ
ing within sixty (60) days of
September 30, 2008.
Witness the Honorable
Robert W. Adamson, Judge, of
Banks County Superior Court.
This 30 day of September,
2008.
By: Timothy C. Harper, Clerk
Superior Court of Banks
County
P.O. Box 337
Homer, GA 30046
(OC30,NV6,13P3)
Hartline Estate
Notice to
Debtors and Creditors
All creditors of the Estate of
JANE HARTLINE, deceased,
late of Banks County, Georgia,
are hereby notified to render
an account of their demands to
the undersigned according to
law, and all persons indebted
to said estate are required to
make immediate payment to
us.
THIS 20 day of October,
2008.
Teresa Brock
Executor/Administrator
159 Tab Rd.
Alto, GA 30510
(OC30,NV06,13,20P4)
Citation
Georgia, Banks County
Estate No. 2008-79
In Re: Petition of KATHY
LYNN MORGAN for Temporary
Letters of Guardianship
Estate of: ROBERT WILLIAM
SORROW, Minor
To: Kenneth P. Sorrow
You are hereby notified that
a petition for the appointment
of a temporary guardian has
been filed regarding the above-
named minor. All objections to
the Petition described above
either to the appointment of
a temporary guardian or the
appointment of the petitioner(s)
as temporary guardian(s), must
be in writing, setting forth the
grounds of any such objections,
and must be filed with this Court
no later than 14 days after this
notice is mailed, or 10 days
after this notice is personally
served upon you, or ten days
after the second publication of
this notice, if you are served
by publication. All pleadings
must be signed before a notary
public or Georgia probate court
clerk, and filing fees must be
tendered with your pleadings,
unless you qualify to file as an
indigent party. Contact probate
court personnel at the below
address/telephone number for
the required amount of filing
fees.
NOTE: If a natural guardian
files an objection to the creation
of the temporary guardianship,
the Petition will be dismissed.
If a natural guardian files an
objection to the appointment of
the petitioner(s) as guardian(s),
or if a parent who is not a natu
ral guardian files an objection
to the petition, a hearing on
the matter shall be held at a
later date.
Betty Thomas, Probate
Judge
Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate
Court
144 Yonah Homer Rd.
Ste. 7
Homer, GA 30547
706-677-6250
(OC30,NV6P2)
Notice
Intent to Form a
Limited Liability Company
Notice is given that Articles
of Organization which will form
a Limited Liability Company of
PRITCHETT TIRE AT BANKS
CROSSING, LLC have been
delivered to the Secretary of
State for filing in accordance
with the Georgia Business
Corporation Code. The initial
registered office of the Limited
Liability Company shall be
located at 30393 Highway 441
North, Commerce, Georgia
30529, and its initial regis
tered agent at such address is
Jonathan Bennett.
(OC30,NV6P2)
Boswell Estate
Notice to Debtors
and Creditors
All creditors of the Estate
of OLA MAE BOSWELL,
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 immedi
ate payment to us.
THIS 20 day of October,
2008.
Joyce A. Boswell Wilson
Executor/Administrator
7687 Bill Wilson Rd.
Alto, GA 30510
(OC30,NV06,13,20P4)
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