Banks County Legal Advertisements...

October 11, 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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Chambers Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Winnie Griffin Chambers, 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 5th day of September, 2000.
Norman Williams
1492 Yonah-Homer Road
Maysville, GA 30558
(SE27,OC4,11,18P4)

Special Election
Notice of Special Election
To the Electorate of Banks County:
Pursuant to a Resolution of the Board of Commissioners of Banks County adopted May 5, 2000, and House Bill No. 1754 (the "Act") and pursuant to a call by the Election Superinten dent/Probate Judge of Banks County, Georgia, issued on August 4th, 2000, notice is hereby given that a special election has been called and will be held on Tuesday, November 7, 2000, for the purpose of allowing the voters of Banks County to decide whether Banks County should provide a homestead exemption from certain ad valorem taxes for county purposes in the amount of $16,000.00 of the assessed value of the homestead of certain residents of Banks County, Georgia.
The election will be conducted in all respects in accordance with provisions of the Georgia Election Code, and the election will be held at the regular polling places in Banks County, Georgia between the hours of 7:00 a.m. and 7:00 p.m. on November 7, 2000. The ballot shall have written or printed thereon the following question:
( ) Yes
( ) No
Shall the Act be approved which increases the homestead exemption from Banks County ad valorem taxes for county purposes from $12,000 to $16,000 of the assessed value of homestead for residents of that county who are 65 years of age or over which extends that exemption to disabled persons?
All persons desiring to vote for approval of the Act shall vote "yes" and those persons desiring to vote for rejection of the Act shall vote "no." If more than one-half of the votes cast on such question are for approval of the Act, then the Act shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 2001. If the Act is not so approved or if the election is not conducted, the Act shall not become effective, and the Act shall be automatically repealed on the 1st day of January immediately following the election date.
The last day to register to vote in this Special Election shall be October 10, 2000, through 5:00 o'clock p.m. Mail voter registration applications must be postmarked on or before October 10, 2000.
Those residents of Banks County qualified to vote in such Special Election shall be determined in all respects in accordance with the election laws of the State of Georgia.
Milton Dalton, Probate Judge and Election
Superintendent, Banks County, Georgia
(OC4,11B/069 5000)

Adoption Notice
In the Superior Court
of Banks County
State of Georgia
In the Matter of: C.M.G. and G.A.R., Children under 18 years of age
Summons
To: Elizabeth D. Randall, whose last known address is 3368 Greggs Road, Gainesville, GA 30501, and To: Miguel Angel Garza, the individual who is the biological father of a male child born September 6, 1996, to Elizabeth D. Randall.
A petition for adoption was filed in this Court on the 23rd day of November 1999, and a motion for termination of parental rights was filed on the 14th day of September, 2000, and the Order for Service by Publication was entered on September 14, 2000. The petition is for adoption and seeks termination of your parental rights. You may obtain a copy of the Petition and Motion, which sets forth the specific allegations in detail, from the Clerk of Superior Court of Banks County, Georgia, 144 Yonah Homer Road, Homer, Georgia 30547, (706) 677-6243.
This is a summons requiring you to be in Court. Now therefore, you, the parties named above are commanded to be and appear in the Superior Court of Banks County, Georgia, located at 144 Yonah Homer Road, Homer, Georgia 30547 on the 27th day of November, 2000, at 2:00 p.m. or as soon thereafter as counsel can be heard, and to remain in attendance from hour to hour, day to day, month to month, year to year, and time to time as said case may be continued, until discharged by the Court, you then and there to make defense to the allegations of the petitioner should not be granted, and why the said child and all parties named herein should not be dealt with according to the provisions of the law.
The Hearing Is For the Purpose of Adoption and Terminating Your Parental Rights.
You or any other interested party may file a written objection or answer on or before the date and time for the hearing stated above, by filing the same at the office of the Clerk of the Superior Court, Banks County, Georgia.
Be advised that the biological father who is not the legal father of this child shall lose all rights to the child and shall not be entitled to object to the termination of his rights to the child unless within 30 days of receipt of this notice, he files (1) a petition to legitimate the child pursuant to O.C.G.A. Section 19-7-22 and (2) notice of the filing of the petition to legitimate with the Banks County Superior Court, 144 Yonah Homer Road, Homer, GA 30547, and Willie J. Woodruff Jr., P.O. Box 507, Toccoa, GA 30577, attorney for petitioners.
Witness, the Honorable T. Penn McWhorter, Judge of said Court, this 14th day of September, 2000.
Timothy Harper, Clerk
(OC4,11,18P3)

Notice
Georgia, Banks County Probate Court
The petition of Mary Helen Parson, for a year's support from the estate of Lamertine Parson, 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 November 6, 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 November 6, 2000, at 10 a.m. If no objections are filed, the petition may be granted without a hearing.
Witness, the Honorable Milton L. Dalton, Judge
By: Kathy Hill, Clerk, Probae Court of Banks County
(OC11,18,25,NV1P4)

Notice
Georgia, Banks County Probate Court
Peggy Samples Tingle has petitioned to be appointed Administrator of the estate of John Everette Samples, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause 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 with the court on or before November 6, 2000. If any objections are filed, a hearing will be held on November 6, 2000, at 10:00 a.m. If no objections are filed, the petition may be granted without a hearing.
Milton L. Dalton, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(OC11,18,25,NV1P4)

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 Trudy A. Blackwell and Wayne E. Blackwell to Norwest Mortgage, Inc., dated January 21, 1999, recorded in Deed Book 140, Page 383, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Eighty-Two Thousand Seven Hundred and 00/100 Dollars ($82,700.00), 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 November, 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 Trudy A. Blackwell and Wayne E. Blackwell or a tenant or tenants and said property is more commonly known as 44 North Main Street, Maysville, GA 30558.
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.
Wells Fargo Home Mortgage, fka Norwest Mortgage, Inc., as Attorney-in-Fact for Trudy A. Blackwell and Wayne E. Blackwell
S.H. McCalla
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
SHM/kms 11/7/00
Our file no. 5615900-FT7
This 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 certain property situated in the County of Banks, and State of Georgia and being described in a Deed dated 3/21/95, and recorded 3/30/95, among the land records of the County and State set forth above, and referenced as follows: Book 95, Page 390.
All that lot, tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Maysville, Banks County, Georgia, and being known as 44 North Main Street, Anderson District, G.M. and being 1.92 acres as shown by a plat prepared by F.M. Meeks, Surveyor, dated September 13, 1969, and recorded in Plat Book 3, Page 206, Banks County, Georgia Plat Records.
(OC11,18,25,NV1B/930 6000)

Inc. Notice
Notice is given that Articles of Incorporation that will incorporate North Georgia Home Sales, Inc. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 300 Ivory Drive, Baldwin, Georgia 30511, and its initial registered agent at such address is C. Scott Pitts.
(OC11,18P2)

Notice of Sale
Banks County, Georgia
Under and by virtue of the Power of Sale in a Deed to Secure Debt from Judy V. Smith, Grantor to Somma Investments, Inc., Grantee, dated August 15, 1993; recorded in Deed Book 84, Page 479, Banks County, Georgia, given to secure a promissory note dated August 15, 1993, in the original principal amount of $5,832.67, there will be sold by the undersigned at a public outcry, during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on the first Tuesday of November, 2000, to-wit November 7, 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 265th GMD of Banks County, Georgia, containing 0.52 acres, and being shown as Lot 6 of the Timberlane Subdivision in a plat of survey dated August 8, 1988, and recorded in Plat Book 14, at Page 102, in the Office of the Clerk of Superior Court of Banks County, Georgia.
The street address of the property is Lot 6 Timberlane Subdivision.
The debt secured by said Deed to Secure Debt and Note has been declared due and payable in full because of default in payment of installments pursuant to the terms thereof. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt 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 Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to Secure Debt including attorney's fees, and the remainder if any shall be applied as provided by law.
To the best of the undersigned's knowledge and belief the property is in the possession of Judy V. Smith and said property will be sold as the property of Judy V. Smith, subject to outstanding ad valorem taxes, street improvements, and easements or restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as provided in the Deed to Secure Debt.
Somma Investments, Inc., as Attorney-in-Fact for Judy V. Smith.
Kerry S. Doolittle
Attorney at Law
P.O. Box 949
Watkinsville, Georgia 30677
(706) 769-0591
(OC11,18,25,NV1INV)

Divorce Notice
Notice of Publication
In the Superior Court
of Banks County
State of Georgia
Ryan M. Smith, Plaintiff vs. Christy L. Ridley, Defendant
By order for service by publication dated the 28th day of September, 2000, you are hereby notified that on the 9th day of August, 2000, Ryan M. smith filed suit against you for divorce.
You are required to file with the Clerk of the Superior Court, and to serve upon plaintiff's attorney, Douglas L. Henry, and answer in writing within sixty days (60) of the date of the order for publication.
Witness, the Honorable Robert Adamson, Judge of this Superior Court.
This the 5th day of October, 2000.
June Westbrook, Deputy Clerk, Superior Court
For: Douglas L. Henry, P.O. Box 1257, Clarkesville, GA 30523
(OC11,18,25,NV1INV)

Notice
Georgia, Banks County Probate Court
The petition of Annie Ruth Wilbanks, for a year's support from the estate of Gilliam Thomas Wilbanks, 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 November 6, 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 November 6, 2000, at 10 a.m. If no objections are filed, the petition may be granted without a hearing.
Witness, the Honorable Milton L. Dalton, Judge
By: Kathy Hill, Clerk, Probate Court of Banks County
(OC11,18,25,NV1P4)


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