Banks County Public Records 09-15-10 pt 2

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GERRY A. DALTON to BANK OF AMERICA, N.A., dated April 25, 2007, recorded in Deed Book 304, Page 643, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINETY-FIVE THOUSAND AND 0/100 DOLLARS ($295,000.00), with interest thereon as set forth therein, there will be sold at public 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 October, 2010, 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 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 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 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 assessments, 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: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. 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 Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 317 Riverwood Lake Road, Lula, Georgia 30554. 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.
Bank of America, N.A. as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 10/5/10
Our file no. 52245310-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia and being Lots 10 and 11, Phase Two of the Riverwood Subdivision, as shown on a plat recorded in Plat Book 13, Page 150 of the Banks County, Georgia Plat Records. Said plat and the record thereof is incorporated herein by reference for a more complete and accurate description of the subject property.
LESS AND ACCEPT a 10 foot strip of land for ingress and egress easement and for a horse trail, located on Lot 11 only, which runs along the southeasternmost boundary line of Lot 11 for the entire distance of said boundary, which was conveyed from Michael E. Booch to Martha R. Head, by Warranty Deed, dated May 26, 1993, and recorded in Deed Book 80, Page 748 of the Banks County Georgia Deed Records. MR/ste 10/5/10 Our file no. 52245310 - FT10
(SE8,15,22,29B/19698-70T1P)

gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by HENRY C. MORRIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 16, 2008, recorded in Deed Book 320, Page 407, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment 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 NINETY-NINE THOUSAND THREE HUNDRED EIGHTY-EIGHT AND 0/100 DOLLARS ($199,388.00), with interest thereon as set forth therein, there will be sold at public 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 October, 2010, 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 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 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 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 assessments, 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: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 Henry C. Morris or a tenant or tenants and said property is more commonly known as 140 Sullivan Drive, Homer, Georgia 30547. 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.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Henry C. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/wm2 10/5/10
Our file no. 52354110-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being shown as containing 1.06 acres, more or less, being Lot 35, Hidden Lake Subdivision, Phase 2, as per plat recorded in Plat Book C, Page 119, in the Office of the Clerk of Superior Court of Banks, County, Georgia, reference to which plat is made for a more complete description; and being improved property known as 140 Sullivan Drive, according to the present system of numbering property in the City of Homer, Banks County, Georgia. MR/wm2 10/5/10 Our file no. 52354110 - FT11
(SE8,15,22,29B/19698-70T1P)

gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 29, 2007, recorded in Deed Book 298, Page 808, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 345, Page 722, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($128,000.00), with interest thereon as set forth therein, there will be sold at public 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 October, 2010, 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 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 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 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 assessments, 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: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. 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 Henry M. Wilhelm, III and Linda G. Wilhelm or a tenant or tenants and said property is more commonly known as 156 Harden Bridge 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.
Wells Fargo Bank, NA as Attorney in Fact for Henry M. Wilhelm, III and Linda G. Wilhelm
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 10/5/10
Our file no. 52164209-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Mable Miller by Ringo & Sadler, registered surveyor, dated June 2, 2003, recorded in Plat book 27, Page 171, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/klm 10/5/10 Our file no. 52164209 - FT7
(SE8,15,22,29B/19698-60T1P)

gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and its modifications from H. BRENT NICHOLSON to FREEDOM BANK OF GEORGIA, NKA NORTHEAST GEORGIA BANK, dated March 3, 2008, and securing and original indebtedness in the amount of $206,000.00, and recorded at Deed Book 321, Pages 822-824, in the Office of the Clerk of Superior Court of Banks County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, during the legal hours of sale on the first Tuesday in October, 2010, the following described property, to wit:
All that tract or parcel of land lying and being in the Poplar Springs, 912th GMD, Banks County, State of Georgia, consisting of 7.70 acres, more or less, and identified as Tract #2, according to a plat made by Max Lewallen, Land Surveyor, for the John Jones Estate, dated October 10, 1980 and recorded in Plat Book 8, Page 107, Banks County, Georgia, deed records. Said plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney’s fees. This property will be sold as the property of Nicholson, subject to any taxes, easements and assessments appearing of record.
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.
To the best of the undersigned’s knowledge, the property is in the possession of H. Brent Nicholson.
Northeast Georgia Bank, as attorneys in fact for H. Brent Nicholson.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.scotttolbert.com
(SE8,15,22,29B/344-40)

gpn10
Notice
for Publication
In the Superior Court of Habersham County
State of Georgia
Civil Action No. 10AD10RS
Melanie Stammer, Plaintiff
Natalie Askew, Defendant
To: NATALIE ASKEW
By Order for service by publication dated the 30th day of August, 2010, you are hereby notified that on the 10th day of June, 2010, MELANIE STAMMER filed suit against you for a minor child. S.H.T., born August 24, 2002. Petition seeking to terminate your parental rights relating to said child.
You are required to file with the Clerk of the Superior Court, and serve upon Plaintiff’s attorney, James B. Johnson, Jr., P.O. Box 2171, Lawrenceville, GA 30046-2171, an Answer in writing within sixty (60) days of the date of the order for publication.
WITNESS the Honorable Russell W. Smith, Judge of this Superior Court.
This the 30th day of August, 2010.
By: David C. Wall
Clerk, Superior Court
555 Monroe Street
Clarksville, GA 30523
(SE8,15,22,29P4)

gpn01
Notice
for Publication
In the Superior Court of Habersham County
State of Georgia
Ådoption No. 10AD11RS
In Re: Petition of Melanie Stammer
For Adoption of: SAVANNAH FAITH ASKEW and EMILY GRACE ASKEW, minor children.
To: NATALIE VICTORIA ASKEW
By order for service by publication dated the 10th day of August, 2010, you are hereby notified that on the 10th day of June, 2010, MELANIE STAMMER filed a Petition seeking to terminate your parental rights relating to said children.
You are required to file with the Clerk of the Superior Court, and serve upon Plaintiff’s attorney, James B. Johnson, Jr., P.O. Box 2171, Lawrenceville, GA 30046, an answer in writing within 60 days of the date of the order for publication.
WITNESS the Honorable Russell W. Smith, Judge of this Superior Court.
This the 30th day of August, 2010.
By: David C. Wall
Clerk, Superior Court
555 Monroe Street
Clarksville, GA 30523
(SE8,15,22,29P4)

gpn18
Poole Estate
Probate Court
of Banks County
Notice
Re: Petition of SWAYNE L. POOLE to probate in solemn form the will of RONALD MICHAEL POOLE, deceased, upon which an order for service was granted by this Court on 8-10-10.
TO: Josh Poole, all interested parties and all and singular the heirs of said decedent, and to whom it may concern.
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before October 4, 2010.
BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth grounds of any such objections. 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 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
Clerk of the Probate Court
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(SE8,15,22,29P4)

gpn06
Inc. Notice
Notice is given that Articles of Incorporation which will incorporate JUST CHARLEE’S, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 339 Vaughn Rd., Homer, GA 30547, and its initial registered agent at such address is Shirlene Allen.
(SE8,15P2)

gpn07
Lewallen Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAX JACKSON LEWALLEN , 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 24th day of August, 2010.
Jeannette Lewallen
Executor/Administrator
3399 Hwy. 63
Carnesville, GA 30521
(SE8,15,22,29P4)

gpn07
Lewallen Estate
Notice to Debtors
and Creditors
All creditors of the Estate of RICHEY LEWALLEN, 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 30th day of August, 2010.
Willadean Lewallen
Executor/Administrator
3044 Hwy. 51 N.
Carnesville, GA 30521
(SE8,15,22,29P4)

gpn12
Notice of
Service by
Publication
In the Superior Court
of Banks County
State of Georgia
Civil Action File No. 10CV271B
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., asset-backed pass-through certificates, Series 2005-R3
Plaintiff,
v.
TERRY D. NOELL and PENNY NOELL
Defendants.
TO: Terry D. Noell and Penny Noell
768 Murray Road
Homer, GA 30547
YOU ARE HEREBY notified that the above styled action seeking equitable relief against real property was filed in said Court on May 3, 2010, and that by reason of an order for service by publication entered by the Court on August 5, 2010, you are hereby commanded and required to file with the Clerk of said Court and Serve upon Frank R. Olson, Plaintiff’s Attorney, whose address is McCurdy & Candler, LLC, Six Piedmont Center, Suite 700, 3525 Piedmont Road, NE, Atlanta, Georgia 30305, an Answer to the complaint within sixty (60) days of August 5, 2010.
Witness the Honorable Joseph H. Booth, Judge of Said Court.
This the ____ day of _____, 2010.
By: _____, Clerk,
Superior Court of Banks County
Prepared by:
Frank R. Olson
Georgia Bar No: 553077
McCurdy Candler, LLC
Six Piedmont Center, Suite 700
3525 Piedmont Road, NE
Atlanta, Georgia 30305
Attorney for Plaintiff
(SE1,8,15,22P4)

gpn07
Samples Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JUNO W. SAMPLES, 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 19th day of August, 2010.
Robbie Lee Samples
Executor/Administrator
165 Ottis Ray Street
Homer, Georgia 30547
(SE1,8,15,22P4)

gpn07
Wilbanks
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ANNIE RUTH S. WILBANKS, 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 August, 2010.
David Wilbanks
Executor/Administrator
6825 Highway 115 East
Cleveland, GA 30528
(SE1,8,15,22P4)