Banks County Legal Advertisements...

December 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 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 Brenda McDonald and Dennis McDonald to ContiMortgage Corporation, dated April 30, 1999, filed for record in Deed Book 144, Page 43, Banks County, Georgia records, as last assigned to Manufacturers & Traders Trust Company, One M&T Plaza, NY 14203-2399, Trustee for Securitiation Series 1999-3, Agreement dated June 17, 1999, by assignment 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 January, 2001, to-wit: January 2, 2001, the following described property:
All that tract or parcel of land lying and being in the 1210th (Berlin) District, G.M., of Banks County, Georgia, containing 1.333 acres, more or less, and shown as Tract No. 3 and bounded now or formerly as follows: on the North and East by lands of Moon; on the South by Tract No. 4 lands of Charles L. and Janice L. Bray; on the West by Tract No. 2 lands of R. Brenda Clark and Matthew Clark.
Said tract of land being more particularly shown and described according to plat of survey prepared by Clelland A. Tyson, Surveyor, on the 14th day of May, 1986, and shown as Tract No. 3, which plat recorded in Plat Book 11, Page 141, public records of said Banks County, by reference incorporated herein as a part of this description.
Also included is a 1989 52x24 Fleetwood Mobile Home, Serial Number 1625, as well as any improvements attached thereto as of the date of the closing of this transaction.
Also includes a 300 foot easement for ingress and egress across Tract #1 and #2, as set forth on plat of survey recorded in Plat Book 17, Page 178, recorded December 29, 1992, which plat is incorporated herein by reference thereto.
Said Deed to Secure Debt having been given to secure a note of even date in the original principal amount of $45,600.00 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 965 Highway 51 North, Homer, Georgia 30547 is (are): Brenda McDonald and Dennis McDonald 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 Security Deed first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
Manufacturers & Traders Trust Company, One M&T Plaza, NY 14203-2399, Trustee for Securitiation Series 1999-3, Agreement dated June 17, 1999, as attorney in fact for Brenda McDonald and Dennis McDonald
Hilary H. Fentress
Hudnall, Cohn and Abrams, P.C.
780 Johnson Ferry Road, Suite 200
Atlanta, Georgia 30342
(404) 851-9200
The law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(DC6,13,20,27INV)
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 January, 2001, to-wit January 2, 2001, 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
(DC6,13,20,27INV)


Inc. Notice
Notice is given that Articles of Incorporation, which will incorporate T.L.E. Enterprises, Inc., will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the Corporation will be located at 306 Daily Road, Alto, Georgia 30510, and its initial registered agent at such address is Timothy Craig Elias.
(DC13,20P2)
Inc. Notice
Notice of Intent
to Incorporate
Notice is given that Articles of Incorporation, which will incorporate Uchee Lodge & Environmental Habitat, Inc., will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code (O.C.G.A. §14-3-202.1). The initial registered office of the corporation will be located at 1151 N. Mangum Bridge Road, P.O. Box 398, Maysville, GA 30558, and its initial registered agent at such address is W. Michael Stephens.
(DC13,20P2)
Inc. Notice
Notice is given that Articles of Incorporation which will incorporate Metro Site, Inc., will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code O.C.G.A. 14-2-201.11.
The initial registered office of the corporation will be located at 30 Chechero Street, Ste. 2, Clayton, Georgia 30525, and its initial registered agent at such address is: L. Allyn Stockton, Jr.
(DC20,27P2)

Notice of Sale
Notice of Sale Under Power
Whereas, for value received, Carolyn Standridge and Freddy Standridge executed and delivered to the First National Bank of Commerce ("First Commerce") a Deed to Secure Debt conveying certain real estate located in Banks County, Georgia, and said Deed to Secure Debt was recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia on June 1, 1987 in Deed Book 43, Page 735; securing that certain Promissory Note in the original principal amount of $20,281.56, said Promissory Note and Deed to Secure Debt having been modified by that certain Modification Agreement dated October 20, 1995, and said Modification Agreement having been recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Deed Book 101, Page 326 and
Whereas, First Commerce is the holder of said Deed to Secure Debt and Modification Agreement; and
Whereas, the Deed to Secure Debt held by First Commerce provides that if should default occur the holder may declare the entire indebtedness secured by the Deed to Secure Debt due and payable and in compliance with the Power of Sale therein, proceed to sell the property at public outcry; and
Whereas, said Deed to Secure Debt and the Promissory Note secured thereby became due and payable on November 4, 2000, and
Whereas, the Promissory Note and Modification Agreement secured by said Deed to Secure Debt has not been paid when due, and
Whereas, First Commerce has forwarded the notice required by O.C.G.A. §44-14-162.2,
Now, Therefore, First Commerce, acting as aforesaid, under and in compliance with the power of sale in the Deed to Secure Debt, will proceed to sell at public outcry, for cash or certified funds to the highest bidder in front of the Courthouse in Banks County, Georgia during the legal hours of sale, on the first Tuesday in January, 2001, the following described property conveyed in the said Deed to Secure Debt, to-wit:
All That Certain Tract Of Land, containing 1.22 acres more or less, known as Tract A, in the 1464th District, G.M., of Banks County, Georgia on County Dirt Road #21; bounded now or formerly as follows: North by Tract B, lands of Willene Pace and lands of Carson Segars; East by lands of Carson Segars; South by County Road #2; and West by County Road #21.
Said tract of land, being more particularly described according to a plat of survey prepared by Jimmy D. Bullock, Surveyor on the 30th of March, 1987, shown as Tract A, which plat recorded in Plat Book 12, Page 144, Public Records of said Banks County, is by reference incorporated herein as part of this description.
The proceeds of sale will first be applied to the payment of the indebtedness to First Commerce, other charges, and the expenses of sale, as provided in the Deed to Secure Debt to First Commerce, and the balance, if any, shall be applied or distributed as required by law.
This the 16th day of November, 2000.
First National Bank of Commerce, As Attorney-in-Fact for Carolyn Standridge and Freddy Standridge
Blasingame, Burch, Garrard, Bryant & Ashley, P.C., Attorney for First National Bank of Commerce, P.O. Box 832, Athens, GA 30603
(DC6,13,20,27B/510 6000)

Notice of Sale
Georgia, Banks County
Whereas, heretofore on February 5, 1990, Barbara B. Orr, f/k/a Barbara B. Tamblyn did execute and deliver to Habersham Bank a certain Deed to Secure Debt recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 438; conveying the following described property, to-wit:
All That Tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and on the northwest side of Georgia Highway No. 98 (also known as Homer Street), and containing 4.782 acres, more or less, as shown by plat and survey of same of Eddie A. Borders, Surveyor, dated December 11, 1980, said plat being recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 8, Page 173. Bounded, according to said plat, on the north by lands of Guy Rucker, on the east by Clyde Rucker, on the southeast by State Highway No. 98, on the south by lands of Glenn Hooper and on the west by lands of John Gowder and on the southwest by lands of Ben O'Kelley. For a more detailed description to said tract, reference is hereby made to said plat as recorded.
Subject To: Deed to Secure Debt from Barbara B. Tamblyn to Ronnie B. Jarrett, dated January 18, 1988, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 47, Page 290, and transferred to First National Bank of Gainesville by assignment dated January 18, 1988, and filed for record on January 20, 1988, and recorded in Deed Book 47, Page 291, Banks County Records.
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 Habersham Bank has given notice of its 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 January, 2001, 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 Habersham Bank regarding the above-referenced matter. All information obtained will be used for the purpose of collecting the referenced debt.
This 30th day of November, 2000.
Habersham Bank
By: s/Kathy Turpin
As Attorney-in-Fact
Barbara B. Orr, f/k/a Barbara B. Tamblyn, f/k/a Barbara Kling, n/k/a Barbara Berg
(DC6,13,20,27INV)

Notice
Probate Court of
Banks County
Re: Petition of Paul T. Jones to Probate In Solemn Form the Will of Clemmie Andrews Bell, Deceased, Upon Which An Order for Service Was Granted By This Court On December 1, 2000
To: Grace Busha, Carlton Dock Bell, Gladys Catalano, Agnes Bennett, James Edward Bell, Louise Pruitt and Brenda Segars, 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 January 2, 2001, 10:00 a.m.
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 January 2, 2001, 10:00 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
(DC6,13,20,27P4)

Notice
Georgia, Banks County Probate Court
The petition of Ruthaline Carter McDuffie, for a year's support from the estate of Howard Hamilton McDuffie, 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 January 2, 2001, 10:00 a.m., 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 January 2, 2001, 10:00 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
(DC6,13,20,27P4)


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