Newspaper Page Text
THURSDAY, DECEMBER 11, 2008
THE BANKS COUNTY NEWS
PAGE 11A
and belief of the under
signed, the party in pos
session of the property
is Judy Brookshire or a
tenant or tenants and
said property is more
commonly known as
274 Water Plant Road,
Commerce, Georgia
30529.
The sale will be con
ducted subject (1) to con
firmation 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.
LaSalle Bank National
Association, former
ly known as LaSalle
National Bank, in its
capacity as indenture
trustee under that cer
tain Sale and Servicing
Agreement dated March
1,2000 among AFC Trust
Series 2000-1, as Issuer,
Superior Bank FSB as
Attorney in Fact for Judy
Brookshire
McCalla Raymer, LLC
1544 Old Alabama
Road
Roswell, Georgia
30076
www.foreclosu re
hotline.net
MR/cm8 1/6/09
Our file no. 52169908-
FT1
EXHIBIT A
All that tract or parcel
of land lying and being in
GMD 465, Banks County,
GA known as Lot 6, Unit
1, River Run Estates
Subdivision as shown
on survey recorded in
the Clerk’s Office of the
Superior Court of Banks
Co, GA in Plat Book 13,
Page 99. Said plat and
the record thereof are
herein incorporated for a
full and complete legal
description.
Also included is one
1996 Pioneer Mobile
Home I.D.
#PH401 GA8428A &
#PH401 GA8428B.
(DC11,18,25,JA1B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default
in the payment of the
indebtedness secured
by a Security Deed
executed by CHRISTIE
LEE BROOME
to MORTGAGE
ELECTRONIC
REGISTRATION
SYSTEMS, INC. dated
August 13, 2004, and
recorded in Deed Book
243, Page 743, Banks
County Records, said
Security Deed having
been last sold, assigned,
transferred and conveyed
to US Bank National
Association as Trustee By
Residential Funding, LLC
FKA Residential Funding
Corporation Attorney
in Fact by Assignment
securing a Note in the
original principal amount
of $71,200.00, the holder
thereof pursuant to said
Deed and Note thereby
secured has declared
the entire amount of
said indebtedness due
and payable and, pursu
ant to the power of sale
contained in said Deed,
will on the first Tuesday,
January 6, 2009, during
the legal hours of sale,
before the Courthouse
door in said 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 912th District of
Banks County, Georgia
and containing .667
acres, more or less,
according to a plat of sur
vey prepared by North
Central Land Surveying,
Registered Surveyors,
dated December 18,
1991, and being recorded
in the Clerk’s Office of the
Superior Court of Banks
County, Georgia in Plat
Book 17, Page 7. Said
plat and the record there
of are herein incorporat
ed for a full and complete
legal description. Being
the same property con
veyed to Christie Lee
Broome, by deed dated
September 28, 2000, of
record in Book 162, Page
519, in the Office of the
Superior Court Clerk of
Banks County, Georgia.
Said property is known
as 263 Bertha Gragg
Road, Lula, GA 30554,
together with all fixtures
and personal property
attached to and constitut
ing a part of said prop
erty, if any.
Said property will be
sold subject to any out
standing ad valorem
taxes (including taxes
which are a lien, whether
or not now due and pay
able), the right of redemp
tion of any taxing author
ity, any matters which
might be disclosed by
an accurate survey and
inspection of the property,
any assessments, liens,
encumbrances, zoning
ordinances, restrictions,
covenants, and matters
of record superior to the
Security Deed first set
out above.
The sale will be con
ducted subject (1) to con
firmation 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
attorney’s fees in accor
dance with the terms of
the Note secured by said
Deed.
Said property will be
sold as the property of
Christie Lee Broome, the
property, to the best infor
mation, knowledge and
belief of the undersigned,
being presently in the
possession of Christie
Lee Broome, and the pro
ceeds of said sale will be
applied to the payment of
said indebtedness and all
the expenses of said sale,
including attorney’s fees,
all as provided in said
Deed, and the balance, if
any, will be distributed as
provided by law.
US Bank National
Association as Trustee
By Residential Funding
Company, LLC FKA
Residential Funding
Corporation Attorney in
Fact as Attorney-in-Fact
for Christie Lee Broome
File no. 08-008199
L. J. SWERTFEGER,
JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and
Counselors at Law
2872 Woodcock
Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
www. s we rtf e g e r. n e t
*THE LAW FIRM IS
ACTING AS A DEBT COL
LECTOR. ANY INFORMA
TION OBTAINED WILL
BE USED FOR THAT
PURPOSE.
[FC-NOS]
(DCll, 18,25,JA1B/1323-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of
the power of sale con
tained in a Security Deed
from PAMELA ANN
FOSTER ns HAROLD
J. PHILLIPS to UNITED
COMMUNITY BANK,
dated February 9, 2007,
recorded February 26,
2007, in Deed Book 300,
Page 256, Banks County,
Georgia Records, as
modified by Modification
Agreement dated April
10, 2007, recorded in
Deed Book 304, Page
221, Banks County,
Georgia Records, said
Security Deed being
given to secure a Note
from PAMELA ANN
FOSTER AND HAROLD
J. PHILLIPS dated April
10, 2007, in the origi
nal principal amount
of ONE HUNDRED
THREE THOUSAND
EIGHT HUNDRED
SIXTY THREE AND
28/100 ($103,863.28)
DOLLARS, with inter
est from date at a rate
per cent per annum on
the unpaid balance until
paid; there will be sold by
the undersigned at pub
lic 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 January, 2009, the fol
lowing described prop
erty:
All that tract or parcel
of land lying and being
in the 371st GMD of
Banks County, Georgia,
containing 8.65 acres,
more or less, located on
the northwesterly side
of the right of way of
State Route No. 184 and
being more particularly
shown and designated
as Tract No. 2 on the
Plat of Survey prepared
for James Thomas and
Harold Phillips by Bartlett
& Cash Land Surveyors,
Inc., dated December 18,
1997 and recorded in Plat
Book 29, Page 173 of the
Banks County, Georgia
Plat Records, which plat
of survey is incorporated
hereby by reference and
made a part hereof for a
more accurate and com
plete description of said
property. This is a por
tion of the same property
referenced in that certain
Warranty Deed dated
April 10, 1998 from A.
Calvin Forrest to Harold
J. Phillips and recorded
in Deed Book 127, Page
549 of the Banks County,
Georgia Deed Records.
Togetherwith an immov
able and permanent fix
ture attached thereto, a
2007 Fleetwood 32x76
Manufactured Home,
Model Spring Hill 0764S,
Serial Number to be
determined. Map and
Parcel No. B71-004
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 provided
in the Note and Security
Deed. The debt remain
ing in default, this sale
will be made for the pur
pose of paying the same
and all expenses of this
sale, as provided in the
Security Deed and by
law, including attorney’s
fees (notice of intent to
collect attorney’s fees
having been given).
Said property will be
sold subject to any out
standing 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, easements,
encumbrances, zoning
ordinances, restrictions,
covenants, and matters
of record superior to the
Security Deed first set
out above.
To the best knowledge
and belief of the under
signed, the party in pos
session of the property is
PAMELA ANN FOSTER
ns HAROLD J. PHILLIPS
or a tenant or tenants.
UNITED COMMUNITY
BANK, as attorney in
Fact for PAMELA ANN
FOSTER ns HAROLD J.
PHILLIPS
L. Lou Allen
Stites & Harbison,
PLLC
11 Mountain Street,
Suite 8
Blue Ridge, Georgia
30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT. ANY INFORMA
TION OBTAINED WILL
BE USED FOR THAT
PURPOSE.
(DCll, 18,25,JA1B/16022-60T1P)
Gpn07
Whitfield Estate
Notice to Debtors
and Creditors
All creditors of the
Estate of ELEANOR S.
WHITFIELD, deceased,
late of Banks County,
Georgia, are hereby noti
fied 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 19 day of
November, 2008.
Mitch Whitfield
Executor/Ad m in istrator
1355 Scales Creek Rd.
Homer, GA
(DCll, 18,25,JA1P4)
Gpn1
Wood Estate
Georgia, Banks County
Probate Court
Notice
JANET S. WOOD has
petitioned to be appoint
ed Administrator of the
estate of DAN I EL AARON
WOOD, deceased, of said
County. (The petitioner
has also applied for waiv
er 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 peti
tion must be in writing,
setting forth the grounds
of any such objections,
and must be filed with
the court on or before
December 29, 2008.
All pleadings/objections
must be signed before a
notary public or before a
probate court clerk, and
filing fees must be ten
dered with your plead
ings/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 grant
ed without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy
Clerk
144 Yonah Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(DC4,11,18,25P4)
Gpn18
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 peti
tioner has also applied
for waiver of bond and/or
grant of certain powers
contained in O.C.G.A.
§53-12-232.) All inter
ested parties are hereby
notified to show cause
why said petition should
not be granted. All objec
tions 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 December 19,
2008. 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 follow
ing address/telephone
number for the required
amount of filing fees. If
any objections are filed,
a hearing will be sched
uled 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)
gpn18
Roberts Estate
Georgia, Banks County
Probate Court
Notice
To: Stephanie Coulter
SHELBY ROBERTS
and JONATHAN
ROBERTS have peti
tioned to be appoint
ed Administrators of
the estate of JERRY
ROBERTS, deceased, of
said County. (The peti
tioner has also applied
for waiver of bond and/or
grant of certain powers
contained in O.C.G.A.
§53-12-232.) All inter
ested parties are hereby
notified to show cause
why said petition should
not be granted. All objec
tions 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 December 12,
2008. 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 follow
ing address/telephone
number for the required
amount of filing fees. If
any objections are filed,
a hearing will be sched
uled 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
Schemo Estate
Notice to Debtors
and Creditors
All creditors of the
Estate of JACOBO
SCHEMO, deceased,
late of Banks County,
Georgia, are hereby noti
fied 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/Ad m in istrator
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 noti
fied 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 13 day of
November, 2008.
Peggy Samples Tingle
Executor/Ad m in istrator
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 under
signed according to law,
and all persons indebted
to said estate are required
to make immediate pay
ment to us.
THIS 12 day of
November, 2008.
Delwin H. Smith
Executor/Ad m in istrator
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 noti
fied 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 14 day of
November, 2008.
Laverne Hutchins
Executor/Ad m in istrator
126 Laurel Bluff Lane
Gillsville, GA 30543
(NV27,DC4,11,18P4)
The foreclosure
advertisement
deadline for the
February 3, 2009,
sale date is NOON
Wednesday,
Dec. 31. 2008.