Banks County Legal Advertisements...

 September 20, 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
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)

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 William F. Dewitt and Theresa A. Dewitt to Transland Financial Services, Inc., dated December 19, 1997, recorded in Deed Book 123, Page 474, Banks County, Georgia Records, as last transferred to Household Realty Corporation 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 Twenty Seven Thousand & No/100 Dollars ($27,000.00), 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 October, 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 William F. Dewitt and Theresa A. Dewitt or a tenant or tenants and said property is more commonly known as 2174 Georgia Highway 323, Gillsville, GA 30543.
Household Realty Corporation, as Attorney-in-Fact for William F. Dewitt and Theresa A. Dewitt
S.H. McCalla
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road, 2nd Floor
Roswell, GA 30076
(770) 453-8599
SHM/sdd 10/3/00
Our file no. 5492400-1-6452
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 containing 1.49 acres, more or less, in the 1464th GMD of Banks County, Georgia, and bounded now or formerly as follows: north by lands of Cape; east by Georgia Hwy. 323; south by Georgia Hwy. 323 and Bennett Circle; and west by lands of Cape.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on November 19, 1997, for William Dewitt and Theresa Dewitt, which plat is recorded in Plat Book 22, Page 105, of the Public Records of Banks County and is by reference incorporated herein as part of this description.
(SE6,13,20,27B/930 6000)

Notice of Sale
State of Georgia
Banks County
By virtue of a power of sale contained in the Security Deed from Ronald Kennedy to Alliance Funding, a division of Superior Bank, FSB dated October 4, 1999, and recorded in Deed Book 149, page 469, Banks County Deed of Records, given to secure a note of that in the original amount of Seventy Three Thousand and Six Hundred Dollars ($73,600.00) with interest on the unpaid balance until paid; said Security Deed having last been assigned and transferred to LaSalle Bank National Association, as Indenture Trustee, dated as of June 1, 1999, Series 1999-2, and recorded in Deed Book 160, page 296, Banks County Deed of Records, the following described property will be sold at public outcry to the highest bidder for cash at the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2000.
See "Exhibit A"
Subject property having the address of 218 Sol Drive, Homer, GA 30547.
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 attorneys 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, Attorney-in-Fact for Ronald Kennedy
Philip L. Pleska, P.C.
Attorney at Law
900 Circle 75 Parkway
Suite 1220
Atlanta, GA 30339
770-933-9009
This communication is from a debt collector attempting to collect a debt and any information obtained will be used for that purpose.
"Exhibit A"
All that tract or parcel of land lying and being in GMD Bushville (208) of Banks County, Georgia, being shown as Lot 43A, containing 1.50 acres, as shown on plat of survey prepared for C.H.S. Associates, Inc., by G. Brian Slate, RLS #2629, dated August 20, 1999, and being more particularly described as follows:
Beginning at an iron pin set on the southeasterly right of way of Sol Drive (60' R/W) 1157.89 feet northeasterly from the intersection of the southeasterly right of way of Sol Drive and the right of way of McCoy Bridge Road; running thence north 63 degrees 52 minutes 30 seconds east along said right of way of Sol Drive a distance of 89.74 feet to a point; running thence north 50 degrees 18 minutes 01 seconds east along said right of way of Sol Drive a distance of 111.58 feet to an iron pin found; running thence south 47 degrees 53 minutes 00 seconds east along the southwesterly lot line of Lot 42 a distance of 317.22 feet to an iron pin set; running thence south 43 degrees 42 minutes 28 seconds west a distance of 198.28 feet to an iron pin set; running thence north 47 degrees 11 minutes 00 seconds west along the northeasterly lot line of Lot 44 a distance of 360.89 feet to an iron pin set on the southeasterly right of way of Sol Drive and the point of beginning.
Being that parcel of land conveyed to Ronald Kennedy from CHS Associates, Inc. by that Deed dated October 4, 1999, and recorded October 13, 1999 in Deed Book 149, Page 466, of the Banks County, Georgia Public Registry.
(SE6,13,20,27INV)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of Power of Sale contained in the Deed to Secure Debt from Nancy H. Durrance to Peoples Financial Corporation of Marietta dated January 24, 1997, and recorded in Deed Book 114, Page 52, Banks County, Georgia Records; said Security Deed being given to secure a Note of even date in the amount of $51,470.50; there will be sold by the undersigned at Public outcry to the highest bidder for cash before the Courthouse door in Banks County, Georgia, within legal hours of sale on the first Tuesday in October, 2000, the following described property, to-wit:
All That Tract or Parcel of Land lying and being in the 207th District, G.M., Banks County, Georgia, containing 75.66 acres, more or less, and having such areas, courses, directions, dimensions, distances, metes, shapes and bounds as shown by plat made by G. Brian Slate, Surveyor, dated April 2, 1996, recorded in Plat Book 20, Page 177, Records of Banks County, Georgia, to which reference is made and the description and record thereof incorporated herein as part of this description by reference thereto.
Being a portion of the property shown as Tract 2 containing 339.25 acres, conveyed in Warranty Deed dated January 16, 1995, from James Short to Tommy Watkins Construction Company, Inc., recorded in Deed Book 93, Page 736, Records of Banks County, Georgia, and Deed Book 308, Page 785, Records of Franklin County, Georgia.
The debt secured by said Note, and Security Deed has been and is hereby declared due because of non-payment of the installments of said Note. The debt remaining in default, this sale will be made for the purpose of paying same and all expenses of sale, including attorney's fees.
The notifications required in said Note and Security Deed required by the Laws of the State of Georgia have been given. Said property will be sold as the property of Nancy H. Durrance subject to:
a) Any outstanding ad valorem taxes and/or assessments.
b) Easements and restrictions of record.
c) Any superior liens of record.
d) Deed to Secure Debt from Nancy H. Durrance to Tommy Watkins Construction Company, Inc., dated April 16, 1996, and filed for record on March 19, 1996, in Deed Book 105, Page 622, Banks County, Georgia Records. Transferred and Assigned to First Bank and Trust at Deed Book 111, Page 629, Banks County, Georgia Records.
Peoples Financial Corporation of Marietta, as Attorney-in-Fact for Nancy H. Durrance
Awtrey & Parker, P.C.
211 Roswell Street
Marietta, GA 30060
(770) 424-8000
(SE6,13,20,27INV)

Notice of Sale
Georgia, Banks County
Whereas, heretofore on September 23, 1999, Michael S. Canup, by and through his Attorney-in-Fact, Annie Catherine Canup, pursuant to a power of attorney dated October 14, 1993, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Deed Book 149, Pages 13-14, did execute and deliver to Doug Emig a certain Deed to Secure Debt with Power of Sale recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 149, Pages 15-16, conveying the following described property, to-wit:
All that tract or parcel of land lying and being in Banks County, Georgia, Golden Hill District G.M. Commencing at a point on the Old Allen and Homer Road, on the original line where the land of S.N. King corners with land of Bill Blackburn. Thence on Easterly direction 373 feet to an iron pin corner, Bill Blackburn's line; thence in a Southerly direction along Bill Blackburn's line 558 feet to an iron pin corner on the road; thence a northerly direction along the road back to the beginning corner, containing 2 acres, more or less.
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 Doug Emig has given notice of his 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 October, 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 Doug Emig regarding the above-referenced matter. All information obtained will be used for the purpose of collecting the referenced debt.
This 6th day of September, 2000.
By: s/Doug Emig, as Attorney-in-Fact for Michael S. Canup
(SE6,13,20,27INV)

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 Barbara Marie A. Reed and Toby Scott Edwards to Equicredit Corporation of Georgia dated December 8, 1997, and recorded in Deed Book 123, Page 632, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to U.S. Bank National Association, f/k/a First Bank National Association, Tr U/A DTD 05/01/98 (EQCC Home Equity Loan Trust 1998-1) by assignment securing a Note in the original principal amount of $63,000.00, 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, October 3, 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 Lots 185 and 186 of the 10th Land District of Banks County, Georgia, formerly in Habersham County, Georgia, being known and designated as Lot 19, Block 30, in the Town of Baldwin, consisting of 0.694 acres, all as more fully shown by Plat of Survey by North-Central Land Surveying, dated March 9, 1993, recorded in Plat Book 17, Page 230, 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 property is known as 780 Willingham Street, 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 Barbara Marie A. Reed and Toby Scott Edwards, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Barbara Marie A. Reed and Toby Scott Edwards, 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.
U.S. Bank National Association, F/K/A First Bank National Association, Tr U/A DTD 05/01/98 (EQCC Home Equity Loan Trust 1998-1), as Attorney-in-Fact for Barbara Marie A. Reed and Toby Scott Edwards
File no. 99-3563
L.J. Swertfeger, Jr.
Shapiro & Swertfeger
Attorneys and Counselors at Law
3300 Northeast Expressway
Suite 5-C
Atlanta, Georgia 30341-3941
(770) 220-2730/cc
The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(SE6,13,20,27P4)

Adoption Notice
Notice of Petition for Stepparent Adoption
To: Richard L. Knowles, last address unknown, or Any Male Claiming To Be The Biological or Legal Father of Richard K. Knowles
You are hereby notified that on September 5, 2000, a Petition for the Stepparent Adoption of Richard K. Knowles, a minor male child born to Laura Renee McAfee on March 27, 1995, in Anderson, South Carolina, was filed in the Superior Court of Banks County, Georgia, File Number 00-A-08X, wherein Richard L. Knowles was named as the biological father of said minor child.
A hearing on said Petition has been scheduled before the Honorable David Motes, Judge - Superior Court of Banks County, 144 Yonah-Homer Road, Homer, GA 30547 on November 6, 2000, at 8:15 a.m.
If you are or claim to be the legal father of Richard K. Knowles, you are on notice that your parental rights are subject to termination in this adoption proceeding and you will lose all rights to the child and will not be entitled to object to the adoption of said child unless you appear before the Honorable David Motes, Judge - Superior Court of Banks County, on November 6, 2000, at 8:15 a.m. to show cause why your parental rights should not be terminated. You are to file any objections you may have to this adoption with the Adoption Clerk, Superior Court of Banks County, Georgia, File Number 00-A-08X, and send a copy of any objections or answers filed to Petitioner's below listed counsel.
If you are or claim to be the biological father of Richard K. Knowles and you have not had your parental rights established, you are on notice that you will lose all rights to said minor child and will neither receive notice nor be entitled to object to the adoption of said minor child unless, within thirty (30) days of receipt of this notice, you file (1) a Petition to Legitimate said child, pursuant to O.C.G.A. §19-7-22; and (2) Notice of filing the Petition to Legitimate with the Superior Court of Banks County, File Number 00-A-08X, and send a copy of said Petition to Legitimate to Petitioner's below listed counsel.
This the 5th day of September, 2000.
Barry E. King, Attorney at Law, LLC
Attorney for Petitioner
P.O. Box 279
Jefferson, GA 30549
(706) 367-7877
(SE13,20,27P3)

Hill Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of David C. Hill Sr., 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 28th day of August, 2000.
David C. Hill Jr., Executor/Administrator
627 David Hill Road
Maysville, GA 30558
(SE13,20,27,OC4P4)

Hess Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Irma W. Hess, 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 7th day of September, 2000.
Larry Hess, Executor/Administrator
363 Soapstone Mtn. Lane
Baldwin, GA 30511
(SE13,20,27,OC4P4)


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