The Banks County news. (Homer, Banks County, Ga.) 1968-current, December 27, 2023, Image 11
WEDNESDAY, DECEMBER 27, 2023 BANKS COUNTY NEWS PAGE 11A Public Notices Continued recorded in Deed Book 59, Pages 450-454 of the Banks County Records, and subject to building set back lines and easements as shown on the above-ref erenced subdivision plat. The debt secured by said Deed to Secure Debt has been declared due because of, among other possible events of default, failure to pay the indebted ness as and when due and in the manner provided. The debt remaining in de fault, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Deed to Secure Debt and by law. 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 assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above. The sale will be con ducted subject (1) to confir mation 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 Deed to Secure Debt by Craig Long, LLC, 2450 Atlanta Hwy., Ste. 1904, Cumming, GA 30040, (678)679-0680. By: Phillip Cruce and Anne Cruce (Dec6, 13, 20, 27) | Notice of Sale NOTICE OF SALE UN DER POWER, BANKS COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Claude M. Collins to Fifth Third Mortgage Company dated 9/6/2006 and re corded in Deed Book 288 Page 680 Banks County, Georgia records; as last transferred to or acquired by Fifth Third Bank, Na tional Association, con veying the after-described property to secure a Note in the original principal amount of $59,000.00, with interest at the rate speci fied therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia (or such other area as designated by Order of the Superior Court of said county), with in the legal hours of sale on January 2, 2024 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following de scribed property: ALL THAT TRACT OR PARCEL OF LAND, TO GETHER WITH ALL IM PROVEMENTS THERE ON, SITUATE, LYING AND BEING IN THE 207TH G.M. DISTRICT OF BANKS COUNTY, GEORGIA, CONTAIN ING 3.91 ACRES, MORE OR LESS, AND BEING THE WHOLE OF THE LOT 27 AS SHOWN ON THAT CERTAIN PLAT OF SURVEY DATED MAY 13, 1983, BY JAMES M. PAUL, ENTITLED “SUR VEY FOR PETER TlKO TIN” AND RECORDED IN PLAT BOOK 9, PAGE 130, BANKS COUNTY, GEOR GIA RECORDS, WHICH PLAT AND RECORDING ARE INCORPORATED HEREIN AND MADE A PART HEREOF BY REF ERENCE THERETO. SUBJECT TO RE STRICTIONS AND/OR COVENANTS OF RE CORD, IF ANY, EASE MENTS OF RECORD AND EXISTING EASEMENTS AND RIGHTS OF WAY FOR PUBLIC ROADS AND UTILITIES NOW IN USE. PROPERTY AD DRESS: 192 RIVERBEND DRIVE, COMMERCE, GEORGIA 30530 AC CORDING TO THE PRES ENT NUMBERING SYS TEM IN BANKS COUNTY, GEORGIA. The debt secured by said Security Deed has been and is hereby de clared 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 de fault, 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 col lect attorney’s fees having been given). Said property is com monly known as 192 Riv- erbend Dr, Commerce, GA 30530 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Claude Marty Collins or tenant or tenants. Fifth Third Bank, Na tional Association is the en tity or individual designated who shall have full author ity to negotiate, amend and modify all terms of the mortgage. Fifth Third Bank, Na tional Association Fifth Third Bank 5001 Kingsley Dr. Cincinnati, OH 45227 1-888-393-1352 Note, however, that such entity or individual is not required by law to ne gotiate, amend or modify the terms of the loan. Said property will be sold subject to: (a) any out standing ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that con stitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zon ing ordinances, restric tions, covenants, and mat ters of record superior to the Security Deed first set out above. The sale will be con ducted subject to (1) confir mation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13- 172.1, which allows for cer tain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure docu ments may not be provided until final confirmation and audit of the status of the loan as provided immedi ately above. Fifth Third Bank, Na tional Association as agent and Attorney in Fact for Claude M. Collins Aldridge Pite, LLP, Six Piedmont Center, 3525 Piedmont Road, N.E., Suite 700, Atlanta, Georgia 30305, (404) 994-7400. 1008-267A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPT ING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. 1008-267A (Dec6, 13, 20, 27) | Notice of Foreclosure FORECLOSURE OF RIGHT TO REDEEM PROP ERTY TAKE NOTICE THAT: The right to redeem the following described prop erty, to wit: “ALL THAT TRACT OR PARCEL OF LAND lying and being in 448th GMD, Banks County, Georgia, and being Lot 5, Phase 4 at Apple Pie Ridge Com munity Subdivision, as shown on a plat of sur vey prepared by David son Land Surveying, Inc., Kevin G. Davidson, GRLS, dated June 10, 2004, said plat being recorded in the Office of Superior Court of Banks County, in Plat Book E, Pages 62-64, which plat is incorporated herein by reference of a more full and complete description of said property” will expire and be for ever foreclosed and barred on and after the 19th day of January 2024. The Tax Deed to which this notice relates is dated the 1st day of November 2022, and is recorded in the office of the Clerk of the Superior Court of Banks County, Georgia, in Deed Book 538 at page 342. The property may be re deemed at any time before the 19th day of January 2024, by payment of the redemption price as fixed and provided by law to the undersigned at the follow ing address: P.O. Box 99, Jefferson, Georgia 30549. Please be governed ac cordingly, Wanda L. Barnett, At torney Wanda L. Barnett & As sociates P.C. P.O. Box 99 Jefferson, Georgia 30549 (Dec6, 13, 20, 27) | Emory Estate Notice of Petition to File for Year’s Support In the Probate Court of Banks County State of Georgia In Re: Estate Robert Al ton Emory, Deceased Estate No 2023-103 The petition of WANDA WILLIAMS EMORY, for a year’s support from the estate of ROBERT AL TON EMORY, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before January 8, 2024, why said petition should not be granted. All objections to the Pe tition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the pre ceding sentence. All ob jections should be sworn to before a notary public or before a Probate Court Clerk, and filing fees must be tendered with your ob jections, unless you qualify as an indigent party. Con tact Probate Court person nel for the required amount of filing fees. If any objec tions are filed, a hearing will be in the probate court of the above-named coun ty, cortroom, 144 Yonah Homer Rd, Homer, Geor gia (scheduled at a later date). If no objections are filed, the Petition may be granted without a hearing. By: Helen Hewell Judge of the Probate Court By: Vicki Dalton Clerk of the Probate Court 144 Yonah Homer Rd. Homer, Ga 30547 706-677-6250 (Dec 13, 20, 27, Jan 3) | Drive Sober or Get Pulled Over. Yes! Sign me up for one year of: The Banks County News $ 4 5/year - 52 issues* (55 and older is just $40/year) Please mail to: Subscriptions The Banks County News P.O. Box 908 Jefferson, GA 30549 Taxes and USPS delivery is included in prices. Offer is good for new & existing customers. Please allow two weeks for processing. Subscribe at BanksNewsTODAY.Com Or mail in this coupon Name_ Phone Delivery Address_ City State -Zip- Check Enclosed $_ . Email (for access to web site)_ Or charge to: □ Visa DMasterCard DAMXCard# Billing Address (if different from delivery address) City State_ _Amt Charged_ Zip Exp. Date_ Signature_ I I I I I I I I I I J The Banks County News your source for legal, community and social news and upcoming events. Subscribe today by logging onto our website: mainstreetnews.com and choose “subscribe”. Email legals to: Lisa Lyles at lisa@mainstreetnews.com or Mail notices to: Banks County News Attn: Lisa Lyles P. O. Box 908 • Jefferson, GA 30549