Newspaper Page Text
THURSDAY, NOVEMBER 27, 2008
THE BANKS COUNTY NEWS
PAGE 5B
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the
jower of sale contained in that
certain Security Deed from R
3ERATONI PROPERTIES LLC
the “Grantor”) to and in favor of
JNITED COMMUNITY BANK
the “Lender”) dated June 5,
2006, filed for record June
14, 2006, in Deed Book 758,
D ages 914-922, Habersham
Oounty, Georgia Records, and
: iled for record in November,
2008, in the records of Banks
Oounty, Georgia (the “Security
Deed”); securing that certain
enewal Promissory Note
: rom Grantor to and in favor
}f Lender dated June 5, 2007
n the original principal sum
Df ONE HUNDRED THIRTY-
SEVEN THOUSAND SEVEN
HUNDRED EIGHTY-SEVEN
\ND 93/100 DOLLARS
$137,787.93) (the “Note”);
here will be sold at public
Dutcry by Lender as attorney-
n-fact of Grantor to the highest
Didder for cash between the
egal hours for sale before the
Dourthousedoorin Habersham
Dounty, Georgia, on the first
ruesday in December, 2008,
he following described land,
mprovements and appurte
nances (hereinafter collectively
eferred to as the “Premises”)
o wit:
All that lot, tract, or parcel of
and, together with improve
ments thereon, lying and being
n Land Lot 185 of the 10th Land
District of Habersham County,
Seorgia, known, according to
a plat of survey of the Town
af Baldwin, Georgia, made by
John A. Reynolds, as Lots 8,
), 19, and 20 in Block Number
r orty-three (43) as more fully
shown on the plat of survey
ecorded in Plat Book JJ,
D age 433 of the Habersham
Dounty, Georgia Plat Records.
Reference to said plat and the
■ecord hereof is hereby made
: or a more complete descrip-
ion of said property.
LESS AND EXCEPT that
ract or parcel of land deeded
ay that certain Right of Way
Deed to Georgia Department
af Transportation, consist-
ng of 0.070 acres, more
ar less, dated February 21,
1996, as recorded in Deed
3ook 346, Page 563 of the
Habersham County, Georgia
Deed Records.
This conveyance is made
subject to all easements,
sovenants and restrictions of
ecord, if any (the “Land”).
Together with any and all of
he following: (i) all buildings,
structures and improvements
sow or hereafter located on
he real property or on any
Dart or parcel thereof and all
ixtures affixed or attached,
actually or constructively,
hereto; (ii) all and singular
he tenements, hereditaments,
aasements and appurtenanc-
as belonging thereunto or in
any wise appertaining thereto
and the reversion and rever
sions, remainder or remain
ders thereof; (iii) all Rents (as
defined in the Security Deed)
accruing therefrom, whether
dow or hereafter due; (iv) all
accounts and contract rights
dow or hereafter arising in con-
Dection with any part or parcel
hereof or any buildings, struc-
ures, or improvements now
ar hereafter located thereon,
ncluding without limitation all
accounts and contract rights in
and to all leases or undertak-
ngs to lease now or hereafter
affecting the land or any build-
ngs, structures, or improve-
DDents thereon; (v) all minerals,
lowers, crops, trees, timber,
shrubbery and other emble-
DDents now or hereafter located
hereon or thereunder or on
ar under any part or parcel
hereof; (vi) all estates, rights,
itle and interest therein, or
n any part or parcel thereof;
vii) all equipment, machinery,
apparatus, fittings, fixtures,
urniture, furnishings, mobile
Domes, modular homes and all
aersonal property of every kind
ar description whatsoever now
Dr hereafter located thereon,
Dr in or on the buildings, struc-
ures and improvements there-
Dn, and used in connection
with the operation and main-
enance thereof, and all addi-
ions thereto and replacements
hereof; and (viii) all building
DDaterials, supplies, goods and
aquipment delivered thereto
and placed thereon for the
aurpose of being affixed to or
nstalled or incorporated or oth
erwise used in the buildings,
structures or other improve-
DDents now or hereafter located
hereon or any part or parcel
hereof.
Due to the fact that the
^remises are located wholly or
aartially in Habersham County,
he Premises is simultane-
ausly being advertised in the
Hortheast Georgian and will
ae sold before the Courthouse
loor in Habersham County.
The indebtedness evidenced
by the Note is due and pay
able and remains unpaid. The
Security Deed therefore has
become and is now foreclos-
able according to its terms.
Accordingly, the Premises will
be sold at public outcry pursu
ant to the terms of the power
of sale provided in the Security
Deed.
The Premises will be sold on
an “as is, where is” basis with
out recourse against Lender
and without representation or
warranty of any kind or nature
whatsoever by Lender with
respect thereto.
The proceeds of the sale
are to be applied first to the
expenses of the sale and all
proceedings in connection
therewith, including attorneys’
fees (notice of intention to
collect attorneys’ fees having
been given), then to the pay
ment of all sums secured by
the Security Deed, and the
remainder, if any, will be paid to
the person or persons legally
entitled thereto, all as provided
in the Note and Security Deed.
The Premises shall be sold as
the property of Grantor, sub
ject to all restrictions, ease
ments and other matters of
record that are prior to the
Security Deed and to which
the Security Deed is subject
and to any unpaid city, county
and state ad valorem taxes or
assessments relating to the
Premises.
To the best of the under
signed’s knowledge and belief,
the owner of the Premises is
the Grantor and the party or
parties in possession of the
Premises is the Grantor or ten
ants of the Grantor.
UNITED COMMUNITY
BANK As Attorney-in-Fact for
R GERATONI PROPERTIES
LLC
James M. Ottley, Esq.
Morris, Manning & Martin,
L.L.P.
1600 Atlanta Financial
Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(NV6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power con
tained in a Deed To Secure
Debt executed and deliv
ered by ELVIS HANLEY to
ROBERT H. MCEVER, III and
JACKIE WHITFIELD, dated
October 24, 2003, and record
ed in Deed Book 225, Page
157, Banks County, Georgia
Records, and recorded secur
ing a note of even date, and
any other present or future
indebtedness, 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 under
signed, acting as Attorney-
in-Fact for the said ELVIS
HANLEY as provided in said
Deed to Secure Debt, between
the hours of 10:00 A.M. and
4:00 P.M. Eastern Time, on the
first Tuesday in December, to-
wit; December 2, 2008:
All that tract or parcel of land
lying and being in the 207th
District, G.M., Banks County,
Georgia, and being that 2.811
acres, more or less, designated
as Lot 5 and that 1.311 acres,
more or less, designated as
Lot 6 on a final plat for Hebron
Oaks Subdivision prepared by
Lank Surveying Services, Inc.,
James H. Hamlin, GARLS No.
2382, dated June 23, 1989,
and recorded in Plat Book 15,
Page 5, in the Office of the
Clerk of the Superior Court of
Banks County, Georgia, which
plat is referred to herein for a
more complete and detailed
description of the property.
The debt secured by said
Deed to Secure Debt, being
in default, said powers con
tained therein will be exercised
and the land will be sold as
property of ELVIS HANLEY by
the undersigned, as Attorney-
in-Fact for the said ELVIS
HANLEY.
Said property shall be sold
subject to any and all outstand
ing easements and right-of-
way, restrictions of record, if
any, and to all unpaid taxes
and assessments.
The proceeds from said sale
will be applied to the payment
of the above-styled indebted
ness, the expenses of the pro
cedure, attorney’s fees (notice
as required in Sec. 13-1-11,
O.C.G.A., 1982, as amended,
having been sent), and the bal
ance, 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 ELVIS HANLEY.
This 22nd day of October,
2008.
ROBERT H. MCEVER, III
and JACKIE WHITFIELD As
Attorney-in-Fact for ELVIS
HANLEY
Allen L. Lacey, Jr.
Attorney at Law
P. O. Box 356
Commerce, Georgia 30529
(706)335-7886
(NV6,13,20,27B/1324-40)
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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
VALERIE LORD and LOWELL
LORD aka JAMES LORD to
H & R BLOCK MORTGAGE
CORPORATION, dated June
15, 2008, recorded in Deed
Book 276, Page 447, Banks
County, Georgia Records, as
last transferred to Wells Fargo
Bank, National Association as
Trustee for Securitized Asset
Backed Receivables LLC 2006-
OP1 Mortgage Pass-Through
Certificates, Series 2006-OP1
by assignment to be record
ed 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
SEVENTY-NINE THOUSAND
THREE HUNDRED AND
0/100 DOLLARS ($79,300.00),
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 December, 2008,
the following described prop
erty:
SEE EXHIBIT A ATTACH ED
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 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:
American Home Mortgage
Servicing Inc., 3 Ada, Irvine, CA
92618,877-304-3100. Please
understand that the secured
creditor is not required by law
to negotiate, amend, or mod
ify the terms of the mortgage
instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is Valerie Lord and Lowell
Lord or a tenant or tenants and
said property is more common
ly known as 261 Mcever Rd.,
Commerce, Georgia 30530.
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.
Wells Fargo Bank, National
Association as Trustee for
Securitized Asset Backed
Receivables LLC 2006-OP1
Mortgage Pass-Through
Certificates, Series 2006-OP1
as Attorney in Fact for
Valerie Lord and Lowell Lord
aka James Lord
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 12/2/08
Our file no. 52362108-FT1
EXHIBIT A
All that certain property situ
ated in city of Commerce in
the County of Banks, and state
of GA and being described
in a deed dated 01/25/1996
and recorded 01/26/1996 in
Book 103 Page 231 among
the land records of the county
and state set forth above, and
referenced as follows:
All that tract or parcel of
land lying and being in Banks
County, Georgia, G.M.D 207,
being designated as tract 1,
containing 0.69 acres, more
or less, and tract 2, containing
0.38 acres, more or less, and
being 1.07 acres in the aggre
gate according to a survey for
Jimmie Ray Jacobs, Jr. and
Lisa L. Jacobs, prepared by
venable and associates, regis
tered land surveyor, said plat is
recorded in Plat Book 14, Page
188, Banks County Records
and is incorporated herein by
reference for a more complete
description, this conveyance
is subject to all easement and
rights of way for road and utili
ties now in use along with all
easements and restrictions of
record.
Less and except: property
referenced in Book 156; Page
86-88
All that tract or parcel of
land lying and being in Banks
County, Georgia, G.M.D. 207,
being designated as tract two,
containing 0.38 acres accord
ing to a survey for Jimmie
Ray Jacobs, Jr. and Lisa L.
Jacobs. Prepared by venable
and associates, G.R.L.S. said
plat is recorded in Plat Book
14, Page 188, Banks County
Records and is incorporated
herein by reference for a more
complete description. This
conveyance is subject to all
easements and rights of way
for roads and utilities now in
use along with all easements
and restrictions of record. Less
and except that .38 acres tract
conveyed to Phillup Beard and
Kevin Pugh by Lowell Lord,
as per that limited warranty
deed dated 04/22/2000 and
recorded 04/24/2000 in Book
156 and Page 86.
Parcel No. B82009
(NV6,13,20,27B/12062-90T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by MILTON
A CAMPBELL aka MILTON
A. CAMPBELL, JR. to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated April 7, 2008, in
the amount of $150,220.00,
and recorded in Deed Book
324, Page 423, 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 indebtedness due and
payable and pursuant to the
power of sale contained in said
deed, will on the first Tuesday
in December, 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 lying and being in the
265th GMD of Banks County,
Georgia and containing 3.1373
Acres, more or less, as shown
on a plat of survey prepared
by James Robert Cheatham,
RLS, dated May 1, 1995, and
recorded in the Office of the
Clerk of the Superior Court
for Banks County, Georgia
Records in Plat Book 19, Page
195, reference to said plat is
being made for a more full and
complete description.
which has the property
address of 1041 GA Hwy. 51
S., Homer, 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 Milton A
Campbell aka Milton A.
Campbell, JR and the pro
ceeds 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 Milton
A Campbell aka Milton A.
Campbell, JR
Anthony DeMarlo, Attorney/
ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-22871 /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.
(NV6,13,20,27B/1325-50)
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Patterson
Estate
Georgia, Banks County
Probate Court
Notice
JAMES PATTERSON has
petitioned to be appointed
Administrator of the estate
of BARBARA PATTERSON,
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, set
ting forth the grounds of any
such objections, and must be
filed with the court on or before
December 19, 2008. All plead
ings/objections 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 follow
ing 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
(NV27,DC4,11,18P4)
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Schemo Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
JACOBOSCHEMO, 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 17th day of November,
2008.
Nathan Schemo
Executor/Administrator
4618 Clary Lakes Dr.
Roswell, GA 30075
(NV27,DC4,11,18P4)
Gpn07
Samples Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
JOHN EVERETT SAMPLES,
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 13 day of November,
2008.
Peggy Samples Tingle
Executor/Administrator
403 Tarpon Ave. #301
Fernandina Beach, Florida
32034
(NV27,DC4,11,18P4)
Gpn07
Ayers Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
COY LEE AYERS, 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 12 day of November,
2008.
Delwin H. Smith
Executor/Administrator
1117 Coldwater Creek Rd.
Dewy Rose, GA 30634
(NV27,DC4,11,18P4)
Gpn07
Baugh Estate
Notice to Debtors
and Creditors
All creditors of the Estate
of BONNIE SUE BAUGH,
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 14 day of November,
2008.
Laverne Hutchins
Executor/Administrator
126 Laurel Bluff Lane
Gillsville, GA 30543
(NV27,DC4,11,18P4)
gpn06
Trade Name
Trade Name Registration
HUDSON RIVER TRADING
COMPANY, INC., a Georgia
corporation, with its principle
place of business at 104 Turk
Rd., Homer, GA 30547, here
by gives notice pursuant to
O.C.G.A. Section 10-1-490 et
seq., that it filed a registra
tion statement for use of the
trade name PEST CONTROL
INSULATION SYSTEMS and
TAP INSULATION SYSTEMS
with the Clerk of the Superior
Court of Banks County on
November 12, 2008.
(NV20,27P2)
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Roberts Estate
Georgia, Banks County
Probate Court
Notice
To: Stephanie Coulter
SHELBY ROBERTS and
JONATHAN ROBERTS have
petitioned to be appointed
Administrators of the estate of
JERRY ROBERTS, 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 December 12, 2008. All
pleadings/objections 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 follow
ing 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
(NV20,27,DC4,10P4)
gpn07
Garrison Estate
Notice to Debtors
and Creditors
All creditors of the Estate
of MATTIE LEE GARRISON,
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 3rd day of November,
2008.
Linda Sue Hickman
Executor/Administrator
300 Antioch Road
Lula, Georgia 30554
(NV13,20,27,DC04P4)
gpn07
Henderson
Estate
Notice to Debtors
and Creditors
All creditors of the Estate
of WILLIAM SAMUEL
HENDERSON II, 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 29th day of October,
2008.
Suzanne Haulbrook
William Samuel Henderson
III
Execu to rs/Ad m i n i strators
137 McClure Rd.
Gillsville, GA 30543
156 Bruce Jackson Rd.,
Newnan, GA 30263
(NV6,13,20,27P4)
gpn14
Public Notice
Effective December 9, 2008,
the Banks Jackson Commerce
Hospital and Nursing Home
Authority (BJC Medical Center)
will discontinue Obstetric Labor
and Delivery Services.
(NV13,20,27,DC4B/109-10)
Please read, then
recycle.