Banks County Legal Advertisements...

 June 21, 2000

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.
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from Charles R. Bray and Christine E. Bray to Harold Clark and Linda Clark, dated June 19, 1996, recorded in Deed Book 107, Page 293, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Two Hundred Forty Thousand and 00/100 Dollars ($240,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to First National Acceptance Company, 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 Wednesday in July 2000, the following described property:
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, containing 11.09 acres, more or less, as per plat of survey prepared for Harold E. Clark by Max Lewallen, Georgia Registered Surveyor, dated May 13, 1996, and recorded in the Office of Superior Court of Banks County, Georgia in Plat Book 20, Page 196. Said plat, as recorded, is hereby referenced for a more detailed description of said property.
Said property is commonly known as 1297 Duncan Road, Commerce, Georgia 30529.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney's fees, and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Charles R. Bray and Christine E. Bray or tenant(s).
First National Acceptance Company, as Attorney-in-Fact for Charles R. Bray and Christine E. Bray
Contact: Eddie Aziz (Ext. 115)
Morris, Schneider & Prior, L.L.C.
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 336.991300/eaa
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(JU7,14,21,28B/815 5000)

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 given by Allison T. Jones to NationsCredit Financial Services Corporation, dated August 28, 1997, recorded in Deed Book 3028, Page 227, Banks County, Georgia Records, as last transferred to The Chase Manhattan Bank, as Trustee under the Pooling and Servicing Agreement, dated as of February 1, 2000, among Credit Based Asset Servicing and Securitization LLC, Merrill Lynch Mortgage Investors, Inc., Litton Loan Servicing LP and The Chase Manhattan Bank, C-Bass Mortgage Loan Asset-Backed Certificates, Series 2000-CB1, without recourse by assignment to be recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, conveying the after-described property to secure a Note in the original principal amount of Sixty Seven Thousand Seven Hundred Ninety Nine & 37/100 Dollars ($67,799.37), 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 Wednesday in July, 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 Allison T. Jones or a tenant or tenants and said property is more commonly known as 6710 Tallant Drive, Lula, Georgia 30554.
The Chase Manhattan Bank, as Trustee under the Pooling and Servicing Agreement, dated as of February 1, 2000, among Credit Based Asset Servicing and Securitization LLC, Merrill Lynch Mortgage Investors, Inc., Litton Loan Servicing LP and The Chase Manhattan Bank, C-Bass Mortgage Loan Asset-Backed Certificates, Series 2000-CB1, without recourse
As Attorney-in-Fact for Allison T. Jones
S.H. McCalla
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road, 2nd Floor
Roswell, GA 30076
(770) 453-8599
SHM/TML 7/5/00
Our file no. 5343100-2-4569
Exhibit "A"
All that tract or parcel of land lying and being in the City of Lula, in Hall, Banks County, Georgia, and known and designated as Lot No. 2 of the Pine Ridge Subdivision as more fully described in that certain plat of the subdivision recorded in Plat Book 84, Pages 2-3, Hall County Records, and being more fully described as follows:
Beginning at an iron pin on the northeasterly right-of-way of Tallant Drive, which iron pin is located 155.92 feet in a northwesterly direction from the intersection of the centerlines of Main Street and Tallant Drive; thence north 29 degrees 56 minutes 42 seconds west along with the northeasterly right-of-way of Tallant Drive 110.11 feet to an iron pin; thence north 57 degrees 27 minutes 09 seconds east 120.80 feet to an iron pin; thence south 29 degrees 49 minutes 08 seconds east 112.82 feet to an iron pin; thence south 58 degrees 44 minutes 00 seconds west 120.46 feet to the iron pin and the point of beginning.
(JU7,14,21,28B/930 7000)

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 N. Jean Herring and Theresia A. Humphrey to First National Bank of Gainesville, dba The Mortgage Source, dated July 2, 1991, recorded in Deed Book 66, Page 382, Banks County Records, as last transferred to Regions Mortgage, Inc. by assignment recorded in Deed Book 113, Page 413, aforesaid records,
conveying the after-described property to secure a Note in the original principal amount of Fifty Four Thousand Three Hundred & No/100 Dollars ($54,300.00), 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 Wednesday in July, 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 N. Jean Herring and Theresia A. Humphrey or a tenant or tenants and said property is more commonly known as Route 2, Box 6A County Line Road, Gillsville, GA 30543.
As Attorney-in-Fact for N. Jean Herring and Theresia A. Humphrey
S.H. McCalla
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road, 2nd Floor
Roswell, GA 30076
(770) 453-8599
SHM/sdd 7/5/00
Our file no. 5327800-1-4319
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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
Beginning at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100 foot right-of-way), south 49 degrees 20 minutes 57 seconds east 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence north 44 degrees 44 minutes 29 seconds east 264.04 feet to an iron pin found; thence south 36 degrees 31 minutes 44 seconds east 225.07 feet to an iron pin found; thence south 49 degrees 15 minutes 43 seconds west 247.41 feet to an iron pin found on the said right-of-way of Southern Railroad; thence along said right-of-way north 40 degrees 32 minutes 17 seconds west 203.65 feet (R=2594.32 feet; A=203.70 feet) to an iron pin found and the point of beginning, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. No. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
(JU7,14,21,28B/930 7000)

Notice
State of Georgia
Banks County
Notice is hereby given that Roger Bregenzer and Cindy Bregenzer filed a Petition to Quiet Title Against All the World to the Superior Court of said County on the 10th day of May, 2000, regarding all that tract or parcel of land lying and being in the 207th G.M.D., Banks County, Georgia, containing 7.38 acres and designated as Tract 1, as per plat of survey prepared for Roger Bregenzer and Cynthia Bregenzer by G. Brian Slate, Georgia Registered Surveyor, dated July 22, 1999, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 25, Page 16. Said plat as recorded, is hereby referenced for a more detailed description of said property. Notice is hereby given to any interested party or parties to be and appear in said matter, in the said Court, on or before the 19th day of June, 2000, and you are required to file with the Clerk of Superior Court of Banks County, and to serve upon the Petitioner's attorney, Christopher D. Elrod, of Tolbert & Elrod, 62 Washington Street, Jefferson, Georgia 30549, any responsive pleadings to said suit by said date.
This 19th day of May, 2000.
Honorable Tim Harper, Clerk of Superior Court, Banks County
(JU7,14,21,28P4)

Arnold Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Winnie H. Arnold, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to us.
This 9th day of May, 2000.
Evelyn Martin, Executor/Administrator
5566 Cool Springs Road
Gainesville, GA 30506
(MY31,JU7,14,21P4)

Notice
Probate Court of
Banks County
Re: Petition of Ernest Rogers to Probate In Solemn Form the Will of Delmus W. Rogers, Deceased, Upon Which An Order For Service Was Granted By This Court on June 2, 2000
To: Dennis Rogers, Karen R. Gilstrap, Gail R. Rylee, Blake Rogers, Linda Allen, DeAlease Carlan 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 July 3, 2000.
Be Notified Further: All objections to the petition must be in writing, setting forth the grounds of any such objections. If any objections are filed, a hearing will be held on July 3, 2000, at 10 a.m. If no objections are filed, the petition may be granted without a hearing.
Witness, the Hon. Milton L. Dalton, Judge
By: Kathy Hill, Clerk, Probate Court of Banks County
(JU7,14,21,28P4)

Notice
Georgia, Banks County Probate Court
The petition of Doris D. Morris, for a year's support from the estate of Bobby James Morris, 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 July 3, 2000, 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. If any objections are filed, a hearing will be held on July 3, 2000, at 10 a.m. If no objections are filed, the petition may be granted without a hearing.
Witness, the Hon. Milton L. Dalton, Judge
By: Kathy Hill, Clerk, Probate Court of Banks County
(JU7,14,21,28P4)

James Estate
Notice to Debtors
and Creditors
State of Georgia
County of Banks
In Re: Estate of Henry Edward James, Deceased
All creditors of the estate of Henry Edward James, deceased, late of Banks County, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
William Edward James, a/k/a Edward William James, Executor of Henry Edward James, Deceased
(JU14,21,28,JY5P4)

Public Hearing
Notice of Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office:
Z-00-10 - Application by James and Shirlene Allen for rezoning of property on Vaughn Road from ARR, Agricultural, Rural-Residential to C-2, General Commercial. Proposed Use: Hunting lodge and bed and breakfast inn.
V-00-04 - Application by Lamar Grizzle for a variance for an existing dwelling property line setback. This property is located at 264 Borders Road and is zoned ARR, Agricultural, Rural-Residential.
CU-00-10 - Application by The Royal Diamond Corporation (Red Roof Inn) for a conditional use permit to construct an advertising sign that will be 60 feet in height. This property is located on Eisenhower Drive and is zoned C-2, General Commercial.
CU-00-11 - Application by Patrick Barker for a conditional use permit to relocate a 1988 manufactured home in Banks County. The property for the relocation is on Wells Road and the property is zoned, ARR, Agricultural, Rural-Residential.
The following will also be a part of the hearing.
A Resolution to Amend Article VI of the Zoning Resolution of Banks County, Georgia Section 602 Entitled Permitted Uses: To Provide for Subdivisions; To Provide for Minimum Lot Sizes; To Provide for an Effective Date; To Repeal Conflicting Ordinances and Resolutions, and for Other Purposes.
A Resolution to Amend The Subdivision Regulations of Banks County, Georgia, To Provide for a Mini Farm Subdivision with Lots, Tracts or Parcels of Not Less Than Ten Acres; To Provide that Barns and/or Corrals are Permitted; To Provide that Barns and/or Corrals Shall Not Be Used for Commercial Purposes; To Provide that Barns and/or Corrals Shall Be Located One Hundred (100) Feet From Any Property Line; To Limit the Additional Subdividing of Property as a Mini Farm Subdivision for Three Years; To Repeal Conflicting Resolutions; To Provide for Severability; To Provide for an Effective Date, and for Other Purposes.
The Banks County Planning Commission will meet at 5:45 p.m. Monday, July 10, 2000, for a work session.
The Banks County Planning Commission will hold a public hearing on the matters on Monday, July 10, 2000, in the courtroom located at the Banks County Courthouse in Homer, Georgia.
The Banks County Commissioners will hold a public hearing on the matters on Tuesday, July 11, 2000, in the courtroom at the Banks County Courthouse in Homer, Georgia.
Interested persons are invited to appear and comment.
This 21st day of June, 2000.
(JU21B/069 5000)

Notice of Summons
In the Superior Court
of Banks County
State of Georgia
State of Georgia, ex. rel. vs. 1987 Chevrolet Pickup Truck, VIN 1GCDR14K8HF396969 GA Tag Number 583-DFR; 7.65 mm Deutsche Werke/Werk Erfurt Handgun, Serial Number 141297; $408.00 Lawful US Currency; Nokia 5120 Cellular Phone, Serial Number ESN-25304063542, Defendants in rem.
Civil Action File Number: 00CV31A
To: Randall Mark Elrod, 196 Leachman Road, Commerce, Georgia 30529, and all other persons claiming an interest in the above-referenced property.
You are hereby notified that the above-styled action seeking the forfeiture of a 1987 Chevrolet Pickup Truck, VIN 1GCDR14K8HF396969, Georgia Tag Number 583-DFR; a 7.65 mm handgun, $408.00 Lawful US Currency; and a Nokia cellular telephone was filed in said Court on the 26th day of January, 2000, pursuant to O.C.G.A. Section 16-13-49. Said property was seized by the Northeast Georgia Drug Task Force on December 10, 1999.
Said action alleges that you may have an interest in said property. You are hereby commanded and required to file with the Clerk of said Court and serve upon Marsá Janousek, Assistant District Attorney, Piedmont Judicial Circuit, P.O. Box 665, Homer, Georgia 30547, an Answer to the Complaint within thirty (30) days of the date of final publication.
This 1st day of May, 2000.
June Westbrook, DC, Clerk, Superior Court, Banks County
(JU21,28B/146 3000)

Notice of Summons
In the Superior Court
of Banks County
State of Georgia
State of Georgia, ex. rel. vs. $188.00 In Lawful U.S. Currency, Defendants in rem.
Civil Action File Number: 00CV81M
To: Kendri Pittman, Apartment 19, Hill Street, Homer, Georgia 30547, and all other persons claiming an interest in the above-referenced property.
You are hereby notified that the above-styled action seeking the forfeiture of #188.00 Lawful U.S. Currency was filed in said Court on the 3rd day of March, 2000, pursuant to O.C.G.A. Section 16-13-49. Said property was seized by the Northeast Georgia Drug Task Force on August 27, 1999.
Said action alleges that you may have an interest in said property. You are hereby commanded and required to file with the Clerk of said Court and serve upon Marsá Janousek, Assistant District Attorney, Piedmont Judicial Circuit, P.O. Box 665, Homer, Georgia 30547, an Answer to the Complaint within thirty (30) days of the date of final publication.
This 1st day of May, 2000.
June Westbrook, DC, Clerk, Superior Court, Banks County
(JU21,28P2)

Notice of Summons
In the Superior Court
of Banks County
State of Georgia
Civil Action File No. 00CV125X
Amanda Jordan, Plaintiff vs. Sherry Lynn Hollis, Defendant
You are hereby notified that the above-styled action seeking damages was filed against you for a tortious injury allegedly caused by your negligence in said court in April, 2000, and by reason of an order for service of summons by publication entered by the Court on May 25, 2000, you are hereby commanded and required to file with the Clerk of said Court and serve upon Attorneys for the parties to this action, whose addresses appear on the Certificate of Service attached hereto an Answer in writing to the Plaintiff's Complaint within sixty (60) days of the date of final publication.
This 21 day of June, 2000.
Timothy Harper, Clerk of Superior Court of Banks County
P.O. Box 337
Homer, GA 30547
(JU21,28,JY5,12P4)

Hogan Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Frannie W. Hogan, deceased, late of Banks County, Georgia are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to me.
This 7th day of June, 2000.
Jeanette Craven, Executor/Administrator
591 Garland White Road
Alto, GA 30510
(JU21,28,JY5,12P4)

Inc. Notice
Notice of Incorporation
Notice is given that Articles of Incorporation, which will incorporate DJK Enterprises, Inc., have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code (O.C.G.A. 4-2-201.1). The initial registered office of the corporation is located at 30 Homer Street, Maysville, Georgia 30558, and its initial registered agent at such address is Gary N. Freeman.
(JU21,28P2)


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