Banks County Legal Advertisements...

 August 30, 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
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Gary Grier to Unity Mortgage Corp., dated February 15, 1999, and recorded in Deed Book 141, Page 133, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Homeside Lending, Inc. by assignment securing a Note in the original principal amount of $66,452.00, 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 5, 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 the 208th District, G.M., Banks County, Georgia and being that 4.320 acres, more or less, as more particularly shown on a plat of survey prepared for Brett Development and Russell Development & Holding Company by Ingrid Lord & Associates, Registered Land Surveyor, dated February 3, 1999, recorded at Plat Book C, Page 5, 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 213 Stevens Road, Commerce, Georgia 30529, 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 Gary Grier, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary Grier, 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.
Homeside Lending, Inc., as Attorney-in-Fact for Gary Grier
File No. 00-2358
L.J. Swertfeger, Jr.
Shapiro & Swertfeger
Attorneys and Counselors at Law
3300 Northeast Expressway
Suite 5-C
Atlanta, Georgia 30341-3941
(770) 220-2730/ke
The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(AU9,16,23,30P4)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Whereas, heretofore set on October 8, 1999, Sherry Bradshaw did execute to Express Mortgage Services, Inc., a certain Security Deed and Note, said Security Deed recorded in Deed Book 149, Page 464, of the Banks County Records, in and to all of the following property described to-wit:
All that tract or parcel of land lying and being in the Hollingsworth (1580th) GMD of Banks County, Georgia, and being more particularly described as follows: Beginning at an iron pin on the northeasterly right of way of U.S. Highway 441, said iron pin being a corner common to lands now or formerly of Caudell; thence along and with said right of way north 39 degrees 01 minutes west 60.0 feet to an iron pin; thence north 14 degrees 24 minutes west 438.61 feet to an iron pin; thence along and with said right of way north 15 degrees 15 minutes west 142.18 feet to a point in the center of a dirt roadway; thence along and with the center of said dirt roadway the following courses and distances: south 66 degrees 34 minutes east 149.7 feet; south 68 degrees 23 minutes east 27.46 feet; south 87 degrees 58 minutes east 28.23 feet; north 74 degrees 27 minutes east 28.67 feet and north 58 degrees 16 minutes east 41.0 feet to the intersection of the centerline of said roadway with the centerline of a branch, thence along and with said branch, in a southeasterly direction 325 feet, more or less, to an iron pin corner of lands now or formerly of Caudell; thence along and with the lands now or formerly of Caudell south 46 degrees 11 minutes west 397.0 feet to the point of beginning.
Now, therefore, according to the original terms of said Security Deed and the law in such cases made and provided, the undersigned will expose for sale to highest bidder for cash the above described property advertisement on the first Tuesday in September, 2000, between the legal hours of sale before the courthouse door in Banks County, Georgia. The property will be sold as property of Sherry Bradshaw, subject to any outstanding security deeds, ad valorem taxes, street improvements, and easements, restrictions or other matters of record, if any. The proceeds from the sale will be used for the payment of the above-referenced note, principal and interest and expenses, and the balance, if any will be disbursed in the manner provided by law.
This 2nd day of August, 2000.
Express Mortgage Services, Inc.
By: Michael L. Weaver, Sr., J.D., President, Express Mortgage Services, Inc., as Attorney-in-Fact for Sherry Bradshaw.
(AU9,16,23,30INV)

Notice
Probate Court of
Banks County
Re: Petition of Norman Williams to Probate In Solemn Form the Will of Winnie Griffin Chambers, Deceased, Upon Which An Order For Service Was Granted By This Court on July 20, 2000.
To: Frankie Holden, Mary Jarrett, Mozelle Braswell, Ford D. Massey, Vester Dean Massey, Deborah Stowe, Elaine Ginn, Angelia Massey, Lisa Wilson, Joyce Cole, Eleanor Kennedy, Frances Myers, Gail Sheppard, Mrs. Charles M. Smith, Billy Griffin, Jerry Griffin, Charlie Barrett, 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 September 5, 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 September 5, 2000, at 10:00 a.m. If no objections are filed, the petition may be granted without a hearing.
Witness, the Honorable Milton Dalton, Judge
By: Kathy Hill, Clerk, Probate Court of Banks County
(AU9,16,23,30P4)

Citation
Probate Court of
Banks County
Re: Petition of Guardian for Leave to Sell Property at Private Sale
To: Nickolas A. Hunter, Ward
(Emily M.) Judy Hunter, as your guardian, has filed a petition to sell real and/or personal property of your estate. This is to notify you that you must file your response to the petition with the Court by the later of: (a) ten days from the date the petition and Citation are personally served upon you or are delivered to you by a member of the staff of the institution in which you are confined; or (b) thirty days from the date copies of the petition and Citation were mailed to you by certified or registered mail, as shown by the certificate attached hereto; or (c) thirty days from the date copies of the petition and Citation were served upon the guardian ad litem, as shown by the certificate attached hereto. 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 September 5, 2000, at 10:00 a.m. If no objection is filed, the petition may be granted without a hearing.
This 4th day of August, 2000.
Judge of the Probate Court
By: Kathy Hill, Clerk, Probate Court
(AU9,16,23,30P4)

Citation
Probate Court of
Banks County
Re: Petition of Guardian for Leave to Sell Property at Private Sale
To: Traci Ja'neese Hunter, Ward
(Emily M.) Judy Hunter, as your guardian, has filed a petition to sell real and/or personal property of your estate. This is to notify you that you must file your response to the petition with the Court by the later of: (a) ten days from the date the petition and Citation are personally served upon you or are delivered to you by a member of the staff of the institution in which you are confined; or (b) thirty days from the date copies of the petition and Citation were mailed to you by certified or registered mail, as shown by the certificate attached hereto; or (c) thirty days from the date copies of the petition and Citation were served upon the guardian ad litem, as shown by the certificate attached hereto. 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 September 5, 2000, at 10:00 a.m. If no objection is filed, the petition may be granted without a hearing.
This 4th day of August, 2000.
Judge of the Probate Court
By: Kathy Hill, Clerk, Probate Court
(AU9,16,23,30P4)

Name Change
Notice
In the Superior Court
of Banks County
State of Georgia
In Re: Hannah Claire Sutton, A Minor Child
Notice is hereby given that the undersigned Sonya Davidson Pilgrim has, on the 10th day of August, 2000, filed her Petition with the Superior Court of Banks County, Georgia, praying for a change in the name of her minor child, Hannah Claire Sutton to Hannah Claire Chandler.
Notice is hereby given pursuant to O.C.G.A. §19-12-1 to any interested or affected party to appear and file any objections to such name change in said Court. All objections must be filed with the Superior Court of Banks County, Georgia, within thirty (30) days of the filing of said Petition.
Sonya Davidson Pilgrim
117 Hannah Hill Lane
Baldwin, Georgia 30511
(AU23,30,SE6,13P4)

Notice of Sale
Notice of Sale Under Power
By virtue of the Power of Sale in a certain Deed to Security Deed ("Security Deed") from Scott A. Sprayberry and Sophia Sprayberry, grantor, to United Community Banks, Inc., d/b/a First Bank of Habersham, grantee, dated January 14, 2000, recorded in Deed Book 153, Pages 351-356, Banks County, Georgia Records, given to secure a Note of even date in the original principal amount of $294,396.90, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse in Banks County, Georgia, on the first Tuesday in September, to-wit September 5, 2000, to the highest and best bidder for cash, the following described land, improvements and appurtenances:
All That Tract or parcel of land lying and being in the Wilmonts-1206 District of Banks County, Georgia, designated as Tract 1, containing 14.24 acres, and Tract 2, containing 5.76 acres, more or less, as shown on a plat of survey prepared for Scott Alexander Sprayberry by Max Lewallen, R.S., under date of January 29, 1995, a copy of said plat being of record in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 20, Page 141, to which said plat and the record thereof reference is hereby made for a more complete description.
The debt secured by said Security Deed and Note has been and is hereby declared due and payable in full because of non-payment pursuant to the terms of said Security Deed and Note. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Property will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Property will be sold on an "as is, where is" basis without recourse against Grantee and without representation of any kind or nature whatsoever by Grantee with respect thereto.
The proceeds of the sale are to be applied to the expenses of sale and all proceedings in connection therewith, including attorneys' fees and to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The property will be sold as the property of Scott A. Sprayberry and Sophia Sprayberry subject to the outstanding taxes, ad valorem taxes, street improvements, easements, restrictions and other matters of record, that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Property. The Property shall be sold subject to that certain Deed to Secure Debt recorded in Deed Book 116, Page 424. To the best of the Grantee's knowledge, the property is in the possession of Scott A. Sprayberry and Sophia Sprayberry or tenants claiming under him.
United Community Banks, Inc., d/b/a First Bank of Habersham, as Attorney-in-Fact for Scott A. Sprayberry and Sophia Sprayberry
Beth E. Rogers, Esq.
Morris, Manning & Martin, L.L.P.
3343 Peachtree Road, N.E.
1600 Atlanta Financial Center
Atlanta, Georgia 30326
(404) 233-7000
The law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(AU9,16,23,30INV)

Notice of Sale
Notice of Sale Under Power
By virtue of the Power of Sale in a certain Security Deed from Scott Alexander Sprayberry and Sophia P. Sprayberry, grantors, to First Bank of Habersham, a tradename of United Community Banks, Inc., grantee, dated December 23, 1998, recorded in Deed Book 138, Pages 758-763, Banks County, Georgia Records, as modified, given to secure a Note of even date in the original principal amount of $141,881.50, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse in Banks County, Georgia, on the first Tuesday in September, to-wit September 5, 2000, to the highest and best bidder for cash, the following described property:
All that tract or parcel of land lying and being in the 1206th G.M. District of Banks County, Georgia, containing 1.50 acres and being bounded now or formerly as follows: On the North by right-of-way of Ga. Hwy. 51 and on the East, South and West by other lands of Scott and Sophia Sprayberry. Said lands being more particularly shown and delineated on a plat of survey for Scott Alexander Sprayberry and Sophia Sprayberry dated November 2, 1998, prepared by Max Lewallen, Registered Land Surveyor, recorded in Plat Book 23, page 155, in the Office of the Clerk of the Superior Court of Banks County, Georgia. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
The debt secured by said Security Deed and Note has been and is hereby declared due and payable in full because of non-payment pursuant to the terms of said Security Deed and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Security Deed and expenses of the sale, and other sums secured by the Security Deed including attorneys fees.
The Premises will be sold on an "as is, where is" basis without recourse against Grantee and without representation or warranty of any kind or nature whatsoever by Grantee with respect thereto.
The proceeds of the sale are to be applied to the expenses of sale and all proceedings in connection therewith, including attorneys' fees and to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
United Community Banks, Inc., d/b/a First Bank of Habersham, as Attorney-in-Fact for Scott A. Sprayberry and Sophia Sprayberry
Beth E. Rogers, Esq.
Morris, Manning & Martin, L.L.P.
3343 Peachtree Road, N.E.
1600 Atlanta Financial Center
Atlanta, Georgia 30326
(404) 233-7000
The law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(AU9,16,23,30INV)

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 David C. Farman and Marissa Farman to FT Mortgage Companies dba HomeBanc Mortgage Corporation, dated August 7, 1997, recorded in Deed Book 119, Page 198, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Eighty Eight Thousand Seven Hundred & No/100 Dollars ($88,700.00), 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, 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 David C. Farman and Marissa Farman or a tenant or tenants and said property is more commonly known as 129 Ridgeway Terrace, Maysville, GA 30558.
First Horizon Home Loans Corporation, as Attorney-in-Fact for David C. Farman and Marissa Farman
Stanley H. McCalla
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
(770) 453-8599
SHM/emk 9/5/00
Our file no. 53564/98-3-11908
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 situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot No. 17 of Ridgeway Hills, Section I, encompassing 1.00 acre, more or less, as shown on a plat of survey entitled "Survey for David C. Farman and Marissa L. Farman," prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Surveyor No. 2629, dated August 4, 1997 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 22, Page 54, which said plat and the recorded thereof are by reference incorporated herein for a more complete and detailed description.
(AU9,16,23,30B/930 6000)

Notice
Notice of Publication
In the Juvenile Court
of Banks County
State of Georgia
In the Interest of: Teika Higgins; DOB: 12-16-97; Sex: Female, A Child Under the Age of Eighteen
To: Hubert Stowers Jr., Putative Father to Teika Higgins
By order for service by publication dated the 11th day of August, 2000, you are hereby notified that on the 6th day of June, 2000, the Banks Department of Family and Children Services filed a Petition for Temporary Custody (Deprivation) against you as to Teika Higgins. You are required to file with the Clerk of Juvenile Court, and to serve upon Petitioner's attorney, John R. Coleman Jr., an answer in writing within sixty (60) days of the date of the Order of Publication.
This matter has been set for final hearing on the 12th day of October, 2000, at 10:00 a.m., at the Juvenile Court, Banks County Courthouse, Homer, Georgia.
In the even that you are unable to employ counsel, a right that you are entitled to, and if indigent as that term is defined under the provisions of O.C.G.A. §15-11-6, you must immediately contact the Banks County Courthouse and request the appointment of counsel to represent you in these proceedings.
Witness, the Honorable Kevin Guidry, Judge of said Court, this the 11th day of August, 2000.
June Westbrook, Deputy Clerk
Banks County Juvenile Court
Banks County Courthouse, Homer, GA
(AU30,SE6,13,20B/343 3000)


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