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LEGAL PAGE - JANUARY 19, 2000 - HOMER, GA

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The legal notices posted on this site are for reference only. Only the legal notices published in the
legal organ newspaper of this county (The Banks County News) are official per O.C.G.A. sec. 9-13-140, et seq.



Advertisement
for Bids
Advertisement for Bids for Construction of Sewerage System Improvements
Racetrack WPCP Expansion
for the Banks County
Board of Commissioners
Sealed proposals will be received by the Banks County Board of Commissioners at the Banks County Commission Office, until 2:00 p.m. local time January 20, 2000 at which time and place they will be publicly opened and read. No submitted bid may be withdrawn after the scheduled closing time for receipt of bids for a period of ninety (90) days.
All Bidders must have a State of Georgia Utility Contractors License and must employ a state "Utility Manager" certificate holder who will have oversight of all the work.
Work to be done: The work to be done consists of furnishing all materials, equipment and labor for the construction of:
Expansion of an existing influent raw sewage pump station, modifications to an existing aerated pond, construction of a new aerated pond, modification to an existing holding pond, construction of an effluent pump station, construction of spray irrigation field complete with force main, distribution lines, sprinkler risers and appurtenances.
Proposals for the complete work in one general contract shall be made on the proposal form provided and shall contain prices in words and figures for the work bid on.
All proposals shall be accompanied by a Bid Bond drawn in favor of the Banks County Board of Commissioners, in the amount of at least ten percent (10%) of the lump sum bid for the complete work; such Bid Bond representing that the Bidder, if awarded the contract, will promptly enter into a contract and furnish Performance Bond and Payment Bond as provided by law and approved by the Attorney for the Banks County Board of Commissioners. Each bond shall be equal to one hundred percent (100%) of the contract amount. The Bid Bond shall be forfeited to the Banks County Board of Commissioners as liquidated damages if the Bidder fails to execute the contract and provide Performance and Payment Bonds within ten (10) days after being notified that he has been awarded the contract.
Drawings and Specifications are open to public inspection at the office of the Banks County Board of Commissioners; at the office of G. Ben Turnipseed Engineers, Inc., in Atlanta, Georgia; and the Dodge Plan Room in Atlanta and the Construction Market Data in Atlanta, Georgia.
Copies of the plans and specifications may be obtained from G. Ben Turnipseed Engineers, Inc., 2255 Cumberland Parkway, Building 400, Atlanta, Georgia 30339, upon receipt of the following amounts:
Specifications, $100.00; Plans, $250.00; Reduced Drawings Available (Extra Set), $250.00
Upon receipt of all documents in undamaged condition within thirty (30) days after the date of opening of bids, one-half of the deposit will be refunded.
The difference between the deposit and the amount refunded represents the cost of reproductions. No refund will be made for documents received after thirty (30) days or in damaged condition.
The Owner reserves the right to reject any or all bids and to waive informalities.
Banks County Board of Commissioners
By: James C. Dumas Sr., Chairman
(DC22,29,JA5,12,19B/069 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in the following described instrument (hereinafter referred to as the "Security Deed"):
Security Deed from Mitchell Gaddy and Juana Gaddy to Transland Financial Services, Inc., dated February 14, 1997, recorded in Deed Book 114, Page 223, Banks County Records, and modified by Security Deed Modification Agreement dated September 29, 1997, to be recorded, aforesaid records, as last transferred to Principal Residential Mortgage, Inc. by assignment recorded, aforesaid records,
conveying the after-described property to secure a Note in the original principal amount of Eighty Three Thousand Two Hundred Thirty One & No/100 Dollars ($83,231.00), 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 February, 2000, 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 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 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Mitchell Gaddy and Juana Gaddy or a tenant or tenants and said property is more commonly known as 244 Ivory Drive, Baldwin, Georgia 30511.
Principal Residential Mortgage, Inc., as Attorney-in-Fact for Mitchell Gaddy and Juana Gaddy
Stanley H. McCalla
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
56 Perimeter Center East, N.E., Fifth Floor
Atlanta, Georgia 30346
(770) 453-8599
SHM/jkr 2/1/00
Our file no. 5911099-2-01481
The law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
Exhibit "A"
All that tract or parcel of land lying and being in Land Lot 203 of the 10th District of Banks County, Georgia, and being Lot 14, Park Avenue Estates Subdivision, as per plat thereof recorded in Plat Book 19, Page 55, Banks County, Georgia Records, which plat is by reference incorporated herein and made a part hereof.
(JA5,12,19,26B/930 5000)

Notice of Sale
Georgia, Habersham County
Whereas, heretofore on February 5, 1990, Barbara B. Orr, f/k/a Barbara B. Tamblyn (a/k/a Barbara Berg; a/k/a Barbara Kling) did execute and deliver to Habersham Bank a certain Deed to Secure Debt recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 438; conveying the following described property, to-wit:
All That Tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and on the northwest side of Georgia Highway No. 98 (also known as Homer Street), and containing 4.782 acres, more or less, as shown by plat and survey of same of Eddie A. Borders, Surveyor, dated December 11, 1980, said plat being recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 8, Page 173. Bounded, according to said plat, on the north by lands of Guy Rucker, on the east by Clyde Rucker, on the southeast by State Highway No. 98, on the south by lands of Glenn Hooper and on the west by lands of John Gowder and on the southwest by lands of Ben O'Kelley. For a more detailed description to said tract, reference is hereby made to said plat as recorded.
Subject To: Banks County Tax Fi. Fa. against Barbara Berg Kling, dated September 27, 1999, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in General Execution Lien Book 3, Page 245, in the original amount of $670.29.
Subject To: Deed to Secure Debt from Barbara B. Tamblyn to Ronnie B. Jarrett, dated January 18, 1988, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 47, Page 290, and transferred to First National Bank of Gainesville by assignment dated January 18, 1988, and filed for record on January 20, 1988, and recorded in Deed Book 47, Page 291, Banks County Records.
The above described land will be sold subject to all unpaid taxes.
Whereas, the Note secured by said Deed to Secure Debt has become in default as to payment of the principal and interest, and Habersham Bank has given notice of its intention to foreclose said Deed to Secure Debt and claim attorney's fees as provided in said Note and Deed to Secure Debt.
Now, Therefore, according to the terms of said Deed to Secure Debt and the laws in such cases made and provided, the undersigned will expose for sale to the highest and best bidder, for cash, the above-described land, after proper advertisement, on the first Tuesday in February, 2000, between the legal hours of sale before the courthouse door in Homer, Banks County, Georgia. The proceeds from said sale will be used first to pay the costs and expenses of said sale, second to pay the indebtedness secured by said Deed to Secure Debt, and the balance, if any, delivered to the persons legally entitled thereto.
Please be advised that Adams, Ellard & Frankum, P.C., is counsel for Habersham Bank regarding the above-referenced matter. All information obtained will be used for the purpose of collecting the referenced debt.
This 28th day of December, 1999.
Habersham Bank
By: s/Kathy Turpin
As Attorney-in-Fact
Barbara B. Orr, f/k/a Barbara B. Tamblyn, f/k/a Barbara Berg, n/k/a Barbara Kling
(JA5,12,19,26INV)

Notice of Sale
State of Georgia
County of Banks
By virtue of a Power of Sale contained in the Security Deed from Helen Carroll to Alliance Funding Company, a Division of Superior Bank, FSB, and dated January 28, 1999, recorded in Deed Book 139, Page 662, Banks County Deed Records, given to secure a note of that date in the original amount of Sixty Four Thousand Six Hundred Dollars ($64,600.00) with interest on the unpaid balance until paid; said Security Deed having last been assigned and transferred to La Salle National Bank, as trustee Under the Pooling and Servicing Agreement recorded in Deed Book __, Page __, Banks County Deed Records, the following described property will be sold at public outcry to the highest and best bidder for cash at the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2000.
All that tract or parcel of land lying and being in GMD 284 of Banks County, Georgia, being designated as Tract I, containing 1.02 acres, as shown on that certain survey for Sylvia Merrill dated May 5, 1994, prepared by Russell N. Bartlett, GRLS Nor. 2114 as per plat recorded in Plat Book 18, Page 23, Banks County Records, which plat is incorporated herein by this reference and made a part of this description.
The debt secured by the above referenced Security Deed has been declared due because of the default in the payment of said debt per the terms of the note and other possible defaults by the borrower(s) or the successor(s) thereto. The debt remaining in default, this sale will be made for the purpose of paying the debt and all expenses of this sale including attorney's fees.
The property will be sold as the property of the borrower(s), subject to any outstanding taxes, assessments and other liens superior to the Security Deed being foreclosed hereby.
To the best knowledge and belief of the undersigned, the above described property is in the possession of the borrower(s) and/or other persons with the consent and acquiescence of the borrower(s).
LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement dated January 28, 1999
Attorney-in-Fact for Helen Carroll
Philip L. Pleska, P.C.
Attorney at Law
900 Circle 75 Parkway
Suite 1220
Atlanta, GA 30339
(770) 933-9009
(JA5,12,19,26INV)

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 Bevis Kenneth Simmons and Teresa D. Simmons to First National Bank of Gainesville D/B/A The Mortgage Source dated December 4, 1991, and recorded in Deed Book 68, Page 542, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Dovenmuehle Mortgage Company, L.P. by assignment dated September 26, 1992 and recorded in Deed Book 75, Page 19, and subsequently re-assigned by Corrective Assignment dated October 1, 1999, aforesaid records, securing a Note in the original principal amount of $85,500.00; 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, February 1, 2000, 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 Land Lot 185 of the 10th Land District of Banks County, Georgia, containing 1.44 acres, more or less, according to Plat of Survey dated June 24, 1991, revised December 3, 1991, and recorded among Banks County, Georgia Records in Plat Book 16, at Page 207, reference to said plat being made for a more full and adequate description of the tract herein described and conveyed.
Said property is known as Route 1 Box 374a Summit, Baldwin, GA 30511, 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 Bevis K. Simmons and Teresa D. Simmons, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Bevis K. Simmons and Teresa D. Simmons, 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.
Dovenmuehle Mortgage Company L.P., A Delaware Limited Partnership by Dovenmuehle Mortgage Inc., A Delaware Corporation, Its Sole General Partner, as Attorney-in-Fact for Bevis Kenneth Simmons and Teresa D. Simmons
File no. 99-3093
L.J. Swertfeger, Jr.
Shapiro & Swertfeger
Attorneys and Counselors at Law
3300 Northeast Expressway
Suite 5-C
Atlanta, Georgia 30341-3941
(770) 220-2730/ks
The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(JA5,12,19,26P4)

Notice
Notice of Call of Special Municipal Election
City of Maysville
A special municipal election is hereby called by the City of Maysville, Georgia, to be held on March 7, 2000, for the purpose of electing a councilman for Ward 4. The voter registration deadline for the election shall be the end of business on February 7, 2000. The polls will be open on the election day from 7:00 a.m. to 7:00 p.m. Eastern Standard Time. The polling place shall be The Maysville Fire Station, 9223 Gillsville Road, Maysville, Georgia 30558. Qualifying shall be held at the Maysville City Hall from 8:30 a.m. to 4:30 p.m. (except for a lunch hour from noon to 1:00 p.m.) beginning on Monday, January 24, 2000, and ending on Thursday, January 27, 2000. The qualifying fee shall be $7.20.
The first publication date and effective date of this call for election is January 12, 2000.
Richard Presley, Mayor, City of Maysville
(JA12,19B/176 2000)

Notice
Notice of Publication
of Service
Petitioner: Rock Grant Wood and Victoria M. Wood
Respondents: J.R. Boswell; James Smith and Virginia L. Smith; and/or Any and All Other Interested Parties, Known or Unknown, With a Claim of Right, Title Or Interest In the Subject Property.
Banks County Superior Court, Civil Action No: 1999-CV-325X
Re: Petition to Quiet Title, Lots 7 and 8, Ridgeway Hills Subdivision, Maysville, Banks County, Georgia (the "Subject Property").
Date Petition Filed: October 20, 1999
Date of Order for Publication: December 15, 1999
To: J.R. Boswell; James Smith and Virginia L. Smith; and/or Any and All Other Interested Parties, Known or Unknown (The "Respondent" in the Referenced Action - Petition to Quiet Title). Take Notice that Rock Grant Wood and Victoria M. Wood, as Petitioner, has caused to be filed, in the Superior Court of Banks County, Georgia, a Petition to Quiet Title, in conjunction with the above referenced parcel of land; under the provisions of O.C.G.A. §23-3-60, et seq. Petitioner is seeking an order declaring that Petitioner owns the property in Fee Simple, subject only to all valid liens of record. For the specifics of such pleas for relief the parties respondent must refer to the original petition and all other pleadings filed with the court.
The Respondent is hereby noticed and commanded to be and appear at the court in which this action is pending within 30 days of the date of the Order for Service by Publication. The Petitioner is to file any response or answer with the Clerk of the Superior Court of the above referenced Court, at the address shown below:
Clerk of Superior Court of Banks County
Banks County Courthouse
P.O. Box 337
Homer, GA 30547
with a copy of such response or answer to be sent to the Attorney for the Petitioner, whose name and address is: C. Terry Blanton, Esq., Suite 1000, Wachovia Bank Building, 315 West Ponce de Leon Avenue, Decatur, GA 30030.
Witness, The Honorable David Motes, Judge, Superior Court, Banks County
Timothy Harper,
Clerk of Superior Court, Banks County, Georgia
/s/ Deputy Clerk
(JA12,19,26,FB2INV)


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