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THURSDAY, DECEMBER 18, 2008 THE BANKS COUNTY NEWS PAGE 5B 357E-022 The debt secured by said Deed to Secure Debt has been and is hereby declared due aecause of, among other pos sible events of default, failure o pay the indebtedness as and when due and in the man ner provided in the Note and Deed to Secure Debt. The lebt remaining in default, this sale will be made for the pur- aose of paying the same and all expenses of this sale, as arovided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent o collect attorney’s fees hav- ng been given). To the best knowledge and aelief of the undersigned, the aarty (or parties) in possession af the subject property known as 340 Lakeview Drive, 3aldwin, GA 30511 is (are): Jonathan S. Lynton or tenant ar tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including axes which are a lien, but not /et due and payable), (b) any natters which might be dis closed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, includ- ng, but not limited to, assess- nents, liens, encumbrances, zoning ordinances, easements, estrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that he sale is not prohibited under he U.S. Bankruptcy Code; (2) D.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security feed. Pursuant toO.C.G.A. Section 3-13-172.1, which allows for aertain procedures regarding he rescission of judicial and aonjudicial sales in the State af Georgia, the Deed Under 3 ower and other foreclosure documents may not be provid- ad until final confirmation and audit of the status of the loan as provided in the preceding aaragraph. Georgia Business Capital, nc. as attorney in fact for Jonathan S. Lynton Richard B. Maner, PC. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING rO COLLECT A DEBT. MMY INFORMATION OB- rAINED WILL BE USED FOR THAT PURPOSE. FC08-1009 (DCU,18,25,JA1P4) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING rO COLLECT A DEBT. MMY INFORMATION OB- fAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the 3 ower of Sale contained in a Security Deed given by JUDY 3ROOKSHIRE to ALLIANCE r UNDINGaDivisionofSuperior 3ank FSB, dated February 16, 3000, recorded in Deed Book 153, Page 40, Banks County, Seorgia Records, as last ransferred to LaSalle Bank Mational Association, formerly mown as LaSalle National 3ank, in its capacity as inden- :ure trustee under that certain Sale and Servicing Agreement dated March 1, 2000, among \FC Trust Series 2000-1, as ssuer, Superior Bank FSB jy assignment to be record- sd in the Office of the Clerk }f Superior Court of Banks Dounty, Georgia Records, :onveying the after-described property to secure a Note in he original principal amount of SEVENTY THOUSAND AND D/100 DOLLARS ($70,000.00), with interest thereon as set : orth therein, there will be sold at public outcry to the high est bidder for cash before the Dourthouse door of Banks Dounty, Georgia, within the egal hours of sale on the first ruesday in January, 2009, the allowing described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed has been and is aereby declared due because af, among other possible avents of default, failure to pay he indebtedness as and when due and in the manner pro dded in the Note and Security Deed. The debt remaining in default, this sale will be made : or 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 author ity to negotiate, amend, and modify all terms of the mort gage with the debtor is: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888- 577-4011. 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 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 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. LaSalle Bank National Association, formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain 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.foreclosurehotline.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 sur vey 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 incor porated for a full and complete legal description. Also included is one 1996 Pioneer Mobile Home I.D. #PH401 GA8428A & #PH401 GA8428B. (DC 11,18,25,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 indebt edness 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 lastsold, assigned, transferred and conveyed to US Bank National Association as Trustee By Residential Funding, LLC FKA Residential Funding Corporation Attorney in Fact by Assignment secur ing a Note in the original prin cipal amount of $71,200.00, the holder thereof pursuant to said Deed and Note there by 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, 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 survey 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 thereof are herein incor porated for a full and complete legal description. Being the same property conveyed 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 prop erty attached to and constitut ing a part of said property, if any. 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. Notice has been given of intention to collect attorney’s fees in accordance 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 information, knowledge and belief of the undersigned, being presently in the posses sion of Christie Lee Broome, and the proceeds 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 distrib uted 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.swertfeger.net *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,]A1B/1323-60T1P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Banks County Under and by virtue of the power of sale contained 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 original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; 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 January, 2009, the following described property: 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 accu rate and complete description of said property. This is a portion of the same proper ty 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. Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be deter mined. 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 remaining in default, this sale will be made for the purpose 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 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, ease ments, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the prop erty is PAMELAANN 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> Gpn16 Notice of Public Hearing Please take notice that the following applications have been received by the Banks County Planning Office: V-08-06 - Charles and Brenda Nix - A variance appli cation for setbacks from poultry houses for newly drawn prop erty lines at 594 Henderson Road. This property is zoned ARR, Agricultural, Rural- Residential. CU-08-11 - Regions Bank - A conditional use applica tion for hospitals and clinics at 30931 Hwy. 441 South. This property is zoned C-2, General Commercial. An ordinance to amend Article III entitled “Litter Control” of the zoning resolu tion of Banks County, Georgia, by adding a new section 70-67, entitled “Transportation of litter” to provide that litter shall be transported in a cov ered motor vehicle; to provide for a new effective date; to repeal conflicting ordinances and resolutions; and for other purposes. The above items are 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 matters on Tuesday, January 6, 2009, 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 pub lic hearing on the matters on Tuesday, January 13, 2009, at 6:30 p.m., in the board room at the Banks County Courthouse annex at 150 Hudson Bridge. Interested persons are invited to appear and comment. This 10th day of December, 2008. (DC18B/069-30) Gpn07 Kennedy Estate Notice to Debtors and Creditors All creditors of the Estate of SUE GRIER KENNEDY, late of Banks County, Georgia, deceased, are hereby notified to render an account of their demands to the undersigned according to law, and all per sons indebted to said estate are required to make immedi ate payment. This 9th day of December, 2008. Thomas Wiley Kennedy, Executor of the Estate of Sue Grier Kennedy 530 Hwy. 164 Commerce, Ga. 30529 (DC18,25JA1,8P4) Gpn07 Henderson Estate Notice to Debtors and Creditors Georgia, Banks County All creditors of the Estate of WILLIAM SAMUEL HENDERSON, JR., deceased, late of Banks County, are here by notified to render in their demands to the undersigned, according to law, and all per sons indebted to said estate are required to make immedi ate payment to me. This 5th day of December, 2008. William Samuel Henderson, III and Suzanne Henderson Haulbrook, Co-Executors of the Estate of William Samuel Henderson, Jr. c/o R. Thad McCormack, PC. 1730 Thompson Bridge Road Gainesville, GA 30501 (DC18,25,JA1,8P4) 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 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 19 day of November, 2008. Mitch Whitfield Executor/Ad mi n istrator 1355 Scales Creek Rd. Homer, GA (DC11,18,25,JA1P4) Gpn1 Wood Estate Georgia, Banks County Probate Court Notice JANET S. WOOD has petitioned to be appointed Administrator of the estate of DANIEL AARON WOOD, 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 29, 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 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 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) Gpn07 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/Ad mi n 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 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/Ad mi n 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 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/Ad mi n 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 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/Ad mi n istrator 126 Laurel Bluff Lane Gillsville, GA 30543 (NV27,DC4,11,18P4) The Banks County News — your source for legal, social and community news. To subscribe, go to the "subscribe” link on the MainStreetNews.com. homepage. By phone, call 706-367-5233, or FAX to 706-367-8056.