Banks County Public Records 08-06-2008

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 CLIFF SIKES to FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN, dated August 12, 2005, recorded in Deed Book 264, Page 94, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset-Backed Certificates, Series 2005-FFH4 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 FOUR THOUSAND AND 0/100 DOLLARS ($104,000.00), 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 September, 2008, 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 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 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: National City Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, (412) 442-3894. 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 Cliff Sikes or a tenant or tenants and said property is more commonly known as 4945 Yonah Homer Rd., Alto, Georgia 30510.
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.
Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH4, Asset-Backed Certificates, Series 2005-FFH4 as Attorney-in-Fact for Cliff Sikes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/lo1 9/2/08
Our file no. 51646308-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 0.76 acres, more or less, as more particularly shown on a plat of survey prepared for Carol Allen by Jimmy B. Bullock, registered surveyor, dated September 4, 2000, recorded in Plat Book C, Page 102, 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.
(AU6,13,20,27B/12062-60T1P)

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 MICHAEL H. IVEY to WELLS FARGO HOME MORTGAGE, INC., dated April 19, 2004, recorded in Deed Book 235, Page 305, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($84,500.00), 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 September, 2008, 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 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 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 Michael H. Ivey or a tenant or tenants and said property is more commonly known as 160 Kay Drive, Carnesville, Georgia 30521.
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, N.A. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for Michael H. Ivey
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 9/2/08
Our file no. 5393108-FT7
EXHIBIT A
That tract or parcel of Land lying and being in the 1206th GMD of Banks County, Georgia, being described as Lot 2, containing 2.00 acres, more or less, as shown on a plat of survey for Fred Kay & Jean P. Kay and Dwayne Ivey & Diana K. Ivey dated July 16, 1980, revised July 28, 1980, divided November 26, 2003, and recorded in Plat Book 28, Page 93, Banks County Records; said plat being incorporated herein by reference for a more complete description of the property. This being a portion of the property conveyed by Warranty Deed from Alfred H. Poole and Mrs. Cleo E. Poole to Fred Kay, Jean P. Kay, Dwayne Ivey and Diane K. Ivey dated August 7, 1980 and recorded in Deed Book 21, Page 537, Banks County Records. Together with is a 20’ easement for ingress, egress and utilities, a complete description of which is shown on the above-referenced plat of survey. Together with an improvement and immovable fixture permanently attached thereto, a 2004 Fleetwood Entertainer, Serial Number GAFL434AB76898-CY12.
(AU6,13,20,27B/12062-70T1P)

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 CYNTHIA ELAINE ROBERTS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 28, 2004, and recorded in Deed Book 247, Page 255, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Deutsche Bank National Trust Company , as trustee of the Morgan Stanley Mortgage Loan Trust 2005-2AR, by Assignment securing a Note in the original principal amount of $175,500.00, the holder thereof pursuant to said Deed and 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, September 2, 2008, 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 City of Maysville, 465th District, G.M., Banks County, Georgia, and being that 1.300 acres, more or less, of the Oak Ridge Subdivision, as more particularly shown on a plat of survey prepared for Barbara R. Holcomb by Barry D. Lord, Registered Surveyor, dated November 7, 2000, recorded in Plat Book 25, Page 113, 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.
Said property is known as 466 Oak Ridge Drive, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting 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, encumbrances, 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 Cynthia Elaine Roberts, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Cynthia Elaine Roberts, 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 distributed as provided by law.
Deutsche Bank National Trust Company, as trustee of the Morgan Stanley Mortgage Loan Trust 2005-2AR as Attorney-in-Fact for Cynthia Elaine Roberts
File no. 08-004454
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/HP
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
Heather Pelszynski
Foreclosure Paralegal
Shapiro & Swertfeger, LLP
hpelszynski@logs.com
2872 Woodcock Blvd., Suite 100, Atlanta, GA 30341
(770) 220-2921 Fax Direct Line (678) 547-2719 or (770) 220-2535 Ext. 2719
(AU6,13,20,28B/1323-60T1P)

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 BASCOM MARTIN JR. aka BASCOM JUNIOR MARTIN to FIRST NATIONAL BANK OF JACKSON COUNTY, dated August 24, 1992, recorded in Deed Book 74, Page 380, Banks County, Georgia Records and as modified by that certain Loan Modification Agreement recorded in Deed Book 210, Page 450, Banks County, Georgia Records, as last transferred to Regions Bank 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 TWENTY THOUSAND AND 0/100 DOLLARS ($20,000.00), 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 September, 2008, 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 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 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: Regions Financial Corporation, Attn Debbie Renfroe, 106 St. Francis St., Mobile, AL 36622, 1-800-290-5358. 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 Bascom Martin Jr. aka Bascom Junior Martin or a tenant or tenants and said property is more commonly known as 131 Wilson St., Maysville, Georgia 30558.
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.
Regions Bank as Attorney in Fact for Bascom Martin Jr. aka Bascom Junior Martin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/as5 9/2/08
Our file no. 51301008-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 465th (Anderson District), G.M., Banks County, State of Georgia, and lying within the corporate limits of the town of Maysville, Georgia and being 0.405 acre, more or less, as shown by a plat of survey for William J. Aikens and Jr. Martin prepared by Cornerstone Land Surveying, Georgia Registered Land Surveyor number 2407, and dated 3-4-89, said plat of survey being specifically incorporated herein by reference, and more particularly described as follows:
Beginning at a point on the northwest right of way of Wilson Street seventeen feet from the center line of said Wilson Street as a corner common to lands of Bascom Martin, Jr. also known as Bascom Junior Martin and now or formerly Rodney and Tammy McFadden, thence North 64 degrees 03’ 39” West 174.75 feet to an iron pipe; thence North 25 degrees 16’ 41” East 96.54 feet to an axle set on the East edge of a fence; thence South 65 degrees 05’ 51” East 185.22 feet to a point; thence South 31 degrees 16’ 33” West 100.32 feet to the Point of Beginning.
Reference is made to said plat of survey, a copy of which is recorded at Plat Book 14, page 128, Banks County, Georgia records.
(AU6,13,20,27B/12062-80T1P)
Sprayberry Estate
Georgia, Banks County
Probate Court

Notice
The petition of BETTY J. SPRAYBERRY, aka Elizabeth Chambers Sprayberry, for a year’s support from the estate of JAMES ALEX SPRAYBERRY, 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 Tuesday, September 2, 2008, 10:00 AM, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. 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
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Rd., Suite 7
Homer, GA 30547
706-677-6250
(AU6,13,20,27P4)

Carlan Estate
Georgia, Banks County
Probate Court
Notice
The petition of PHYLLIS JUNE RAY CARLAN, for a year’s support from the estate of JERRY CARLAN, 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 Tuesday, September 2, 2008, 10:00 AM, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. 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
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Rd., Suite 7
Homer, GA 30547
706-776-2196
(AU6,13,20,27P4)
Lewis Estate

Notice to Debtors
and Creditors
All creditors of the Estate of MARTHA B. LEWIS, 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 11 day of July, 2008.
Jerry L. Lewis
Executor/Administrator
77 Ridge Creek Dr.
Nicholson, GA 30565
(JU23,30,AU6,13P4)
Bowden Estate
Georgia, Banks County
Probate Court
Notice
The petition of MARY RUTH BOWDEN, for a year’s support from the estate of LEE ROY BOWDEN, 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 Tuesday, September 2, 2008, 10:00 AM, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. 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
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Rd., Suite 7
Homer, GA 30547
706-677-6250
(AU6,13,20,27P4)

Name Change
Notice of Name Change
In the Superior Court
of Banks County
State of Georgia
Civil Action File No. 08-CV-405B
Ricky Anthony Miller, Petitioner
In re: Anthony Lane Ferguson, (A minor child)
PLEASE TAKE NOTICE that on the 24th day of July, 2008, RICKY ANTHONY MILLER filed a Petition in the Superior Court of Banks County, Georgia, seeking a name change for his minor child from ANTHONY LANE FERGUSON to ANTHONY LANE MILLER. Any interested or affected party has the right to appear and file objections. At the expiration of thirty (30) days from the filing of the Petition, upon proof of publication, and if no objection is filed, the Court shall proceed to hear and determine all matters raised by said Petitioner.
By: Ricky Anthony Miller, Petitioner
By: Brian C. Ranch
Georgia Bar No. 593714
Attorney for Petitioner
Sanders, Smith & Ranck, P.C.
P.O. Box 1005
Toccoa, Georgia
706-886-7533
(AU6,13,20,27P4)

Notice
to the Public
The public is hereby notified that the Board of Commissioners of Banks County, Georgia, at its regular meeting on August 12, 2008, at 6:30 p.m. and on August 26, 2008, at 3:30 p.m. will consider the following:
A resolution by the Board of Commissioners of Banks County, Georgia, under the Home Rule Provisions for Counties as set forth in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983 to amend an act of the General Assembly of Georgia entitled “Banks Board of Commissioners Created” GA. Laws 1916, P. 349; as amended 1962, P. 2242; so as to further amend said act to designate the structure at 150 Hudson Ridge, Homer, Georgia 30547 a Courthouse Annex; to provide for meetings of the commissioners at the Courthouse and at the Courthouse Annex; to repeal conflicting ordinances; to provide for an effective date and for other purposes.
The meeting on August 12, 2008, will take place at the Banks County Courthouse in the courtroom located at 144 Yonah-Homer Road, Homer, Georgia 30547, and the meeting on August 26, 2008, will take place at the Banks County Courthouse Annex in the board room located at 150 Hudson Ridge, Homer, Georgia 30547.
The public is hereby further notified that in order to carry out the provisions of said Resolution, it is necessary for the Board of Commissioners of Banks County, Georgia to adopt a resolution at two consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which resolution specifically states the changes to be made in the original act, the authority to amend the original act having been granted pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph I.
The public is further notified that a copy of said proposed resolution has been filed with the Clerk of the Superior Court of Banks County, Georgia, Banks County Courthouse, Homer, Georgia, for examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy therof.
This 24th day of July, 2008.
Banks County Board of Commissioners
(JY30,AU6,13B/69-401P)

Divorce Notice
In the Superior Court
of Banks County
State of Georgia
Civil Action No. 08CV377B
Ronnie Gene Pressley, Plaintiff
Robin Louise Pressley, Defendant
TO: Robin Louise Pressley
Notice of Publication
By Order for service by publication dated the 18th day of July, 2008, you are hereby notified that on the 11th day of July, 2008, Ronnie Gene Pressley filed suit against you for Divorce.
You are required to file with the Clerk of the Superior Court and to serve upon plaintiff’s attorney, Ronnie Gene Pressley an Answer in writing within sixty (60) days of the date of the order for publication.
WITNESS, the Honorable Robert W. Adamson, Judge of this Superior Court.
This the 18th day of July, 2008.
Elizabeth M. Gardiner
Deputy Clerk, Superior Court
(JY30,AU6,13,20P4)

Notice
of Public Hearing
Please take notice that the following application has been received by the Banks County Commissioners office:
V-08-02 – Bob Blackwell – Application for a variance to change property lines between two lots on Stirling Drive in the Windy Knoll Subdivision. This property is zoned ARR, Agricultural, Rural Residential.
The above application is on file in the Banks County Commissioners office and available for public review.
The Banks County Commissioners will hold a public hearing on the matter on Wednesday, August 26, 2008 at 3:30 p.m. in the board room of the Banks County Courthouse Annex at 150 Hudson Ridge in Homer, Georgia.
Interested persons are invited to appear and comment.
(JY30,AU6B/69-20)
Saylors Estate

Notice to Debtors
and Creditors
All creditors of the Estate of MARY ELLEN SAYLORS, late of Banks County, Georgia, deceased, 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.
This 16th day of July, 2008.
Dana Lynn Herrin,
Executor of the Estate of Marry Ellen Saylors
224 Sol Drive
Commerce, Ga. 30529
(JU23,30,AU6,13P4)

Wilbanks Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ELIZABETH 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 7th day of July, 2008.
Paula W. Hudgins
Executor/Administrator
4020 Ashford Way
G’ville, GA 30507
Ronald T. Wilbanks
Executor/Administrator
202 Harborgate Ct.
Cornelius, NC 28031
(JU16,23,30AU6P4)
Barnes Estate

Notice to Debtors
and Creditors
All creditors of the Estate of MARY ANNE EMMETTE BARNES, 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 7th day of July, 2008.
Elaine C. Smith
Leesa B. Shropshire
Executors/Administrators
465 Devils Pond Rd.
Crawford, GA 30630
(JU16,23,30AU6P4)