Banks County Legal Advertisements...

 July 5, 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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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)

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)

Notice of Summons
In the Superior Court
of Banks County
State of Georgia
State of Georgia, ex. rel. vs. 1989 Chevrolet Cavalier, VIN 1G1JC1111KJ195265, Maryland Tag Number GXL-974, Defendants in rem.
Civil Action File Number: 00CV204X
To: Gloria June Flanders, 2215 Osborn Drive, Silver Springs, Maryland 20910, 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 1989 Chevrolet Cavalier, VIN 1G1JC1111KJ195265, Maryland Tag Number GXL-974, was filed in said Court on the 14th day of June, 2000, pursuant to O.C.G.A. Section 16-13-49. Said property was seized by the Northeast Georgia Drug Task Force on April 20, 2000.
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 14th day of June, 2000.
June Westbrook, Clerk, Superior Court, Banks County
(JU28,JY5B/916 1500)

Notice of Summons
In the Superior Court
of Banks County
State of Georgia
State of Georgia, ex. rel. vs. 1991 Chevrolet S-10 Pickup Truck, VIN 1GCCS14Z7M8142133, SC Tag Number 532 ELB, $454.00 in Lawful U.S. Currency, Defendants in rem.
Civil Action File Number: 00CV205A
To: Tony Dale Esuary, 129 Hayes Road, Pickens, South Carolina 29671, and Shirley Mae Esuary, 129 Hayes Road, Pickens, South Carolina 29671, 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 1991 Chevrolet S-10 Pickup Truck, VIN 1GCCS14Z7M8142133, South Carolina Tag Number 532 ELB, and Four Hundred Fifty-four Dollars ($454.00) Lawful U.S. Currency was filed in said Court on the 14th day of June, 2000, pursuant to O.C.G.A. Section 16-13-49. Said property was seized by the Northeast Georgia Drug Task Force on May 6, 2000.
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 14th day of June, 2000.
June Westbrook, Clerk, Superior Court, Banks County
(JU28,JY5P2)

Shirley Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Hugh David Shirley, 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 19th day of June, 2000.
Susan L. Shirley, Executor/Administrator
390 Charity Road
Homer, GA 30547
(JU28,JY5,12,19P4)

Inc. Notice
Notice of Intent
to Incorporate
Notice is given that Articles of Incorporation which will incorporate Redemption Christian Counseling Institute Inc., will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code.
The initial registered office of the corporation will be located at 1636 Hwy. 441 North, Homer, Georgia 30547, and its initial registered agent at such address is George F. Bryson, Chaplain.
(JU28,JY5P2)

Glenn Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Mary Lee Glenn, 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 19th day of June, 2000.
David and Ruby Nix, Executor/Administrator
498 Henderson Road
Gillsville, GA 30543
(JU28,JY5,12,19P4)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Peter H. Gordon to Ameriquest Mortgage Company, dated November 12, 1999, filed for record in Banks County, Georgia Records, as last assigned to Ocwen Federal Bank, FSB as recorded in Banks County, Georgia Records, there will be sold by the undersigned 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 August, 2000, to-wit: August 1, 2000, the following described property:
All that tract or parcel of land lying and being in the 1580th G.M.D. Banks County, Georgia, consisting of 1.27 acres, all as more fully shown on plat of survey by Russell N. Bartlett, GA Reg. No. 2114, dated September 9, 1986, recorded in Plat Book 12, Folio 19, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description.
Said Deed to Secure Debt having been given to secure a note of even date in the original principal amount of $55,900.00 with interest from date at the rate as specified therein.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 382 Simmons Road, Baldwin, GA 30511 is (are): Peter H. Gordon or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
Ocwen Federal Bank, FSB, as Attorney-in-Fact for Peter H. Gordon
Marianne T. Shaver
Hudnall, Cohn and Abrams, P.C.
780 Johnson Ferry Road, Suite 200
Atlanta, Georgia 30342
(404) 851-9200
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(JY5,12,19,26INV)

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 Mary Ann Massey and Charles B. Massey Jr. to TMS Mortgage, Inc. dba The Money Store, dated June 7, 1996, recorded in Deed Book 107, Page 257, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Forty-Eight Thousand Three Hundred and 00/100 Dollars ($48,300.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of May 31, 1996, Series 1996-B, 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 August 2000, the following described property:
All that certain parcel of and in 1454th District, G.M., Banks County, State of Georgia, as more fully described in Deed Book 55, Page 654, ID#66 038 being known and designated as metes and bounds property, all as more fully shown in plat of survey prepared for Tommy and Lou Perdue, dated September 23, 1977, said plat being incorporated in Plat Book 15, Page 67, and more particularly described as metes and bounds property.
Said property is commonly known as 296 Bell Road, Lula, GA 30554
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 Mary Ann Massey and Charles B. Massey Jr. or tenant(s).
The Bank of New York, as Trustee Under the Pooling and Servicing Agreement Dated as of May 31, 1996, Series 1996-B, as Attorney-in-Fact for Mary Ann Massey and Charles B. Massey Jr.
Contact: Amy Saliba (Ext. 117)
Morris, Schneider & Prior, L.L.C.
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 428.994983/acs
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(JY5,12,19,26B/815 6000)

Notice of Sale
Notice of Sale Under Power
In Deed to Secure Debt
State of Georgia
County of Banks
Because of default in the payment of the indebtedness secured by a Deed to Secure Debt executed by Hazel M. Flock and H. Joanie Jones, Grantor, to Clyde Eugene Montgomery, Grantee, dated September 4, 1997, recorded in Deed Book 120, Page 370, in the Office of the Clerk of Superior Court, Banks County, Georgia, the undersigned has declared the entire amount of said indebtedness due and payable and pursuant to the Power of Sale contained in said deed, will on August 1, 2000, during the legal hours of sale at the Courthouse door in Banks County, sell at public outcry to the highest and best bidder for cash, the following described property:
All that tract or parcel of land lying and being in the 207th G.M., District, of Banks County, Georgia, and being that 5.09 acres, more or less, designated as Tract #32, particularly shown on a plat or survey for Walham Properties, Ltd., by Dwight Kilby and Associates, Registered Surveyor, dated March 10, 1989. Said plat is recorded at Plat Book 14, Page 116, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and is incorporated herein and made a part hereof for a more detailed description. Said property is bounded on the North by Tract #31, East by Billy Wilbanks, South by Tract #33, West by County Road #63.
Restrictions: No commercial hog or poultry raising; no junk yards.
The sale will be held subject to any outstanding and unpaid taxes and/or easements and/or restrictive covenants appearing of record.
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 Hazel M. Flock and H. Joanie Jones, and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said Deed, the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Deed to Secure Debt.
Clyde Eugene Montgomery, as Attorney-in-Fact for Hazel M. Flock and H. Joanie Jones
Wanda Barnett David
P.O. Box 99
Jefferson, Georgia 30549
(706) 367-8030
(JY5,12,19,26B/783 4000)

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 Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Sixty Seven Thousand Seven Hundred Ninety Nine & 00/100 Dollars ($67,799.00), 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 August, 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 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.
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/jkr 8/1/00
Our file no. 5343100-FT2
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.
(JY5,12,19,26B/930 7000)

Inc. Notice
Notice of Incorporation
Notice is given that Articles of Incorporation, which will incorporate McDonald Family Corporation, 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.
(JY5,12P2)


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