Banks County Legal Advertisements...

January 17, 2001

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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Kimbrell Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Grady Paul Kimbrell, 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 18th day of December, 2000.
Dorothy Lee Kimbrell, Executor/Administrator
530 Neal Road
Commerce, GA 30530
(DC27,JA3,10,17P4)

Notice
Notice of Publication
In the Juvenile Court
of Banks County
State of Georgia
In the Interest of: Jacqueline Strickland, DOB: 12/23/95, Sex: Female, A Child Under the Age of Eighteen
To: Brian Westmoreland, Putative Father of the Above-Named Child
By order for service by publication dated the 21st day of December, 2000, you are hereby notified that on November 16, 2000, the Banks County Department of Family and Children Services filed a Petition for the Extension of Temporary Custody (Deprivation) and Amendment to the Petition for the Extension of Temporary Custody (Deprivation) against you as to Jacqueline Strickland.
This Court will conduct a provisional hearing on the above-styled matter pursuant to O.C.G.A. §15-11-29 on the 3rd day of January 2001 at 1:30 p.m., at the Juvenile Court, Banks County Courthouse, Homer, Georgia. The findings of fact and orders of disposition shall become final at the final hearing unless respondent appears at the hearing date set herein below. You are required to file with the Clerk of Juvenile Court, and to serve upon Plaintiff'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 9th day of February, 2001, at 9:00 a.m., at the Juvenile Court, Banks County Courthouse, Homer, Georgia.
In the event 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. §15-11-30, you must immediately contact the Banks County Courthouse and request the appointment of counsel to represent you in these proceedings.
This the 21st day of December, 2000.
Timothy Harper, Clerk, Banks County Juvenile Court, Banks County Courthouse, Homer, Georgia
(DC27,JA3,10,17B/343 3000)

Jewell Estate
Notice to Debtors
and Creditors
All creditors of the estate of David Lloyd Jewell, 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 29th day of December 2000.
Junne W. Jewell
Executor/Administrator
184 Payne Road, Homer, Ga. 30547
Address
(JA3,10,17,24P4)

Dodd Estate
Notice to Debtors
and Creditors
All creditors of the estate of Mary Alice Dodd, 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 29 day of December, 2000.
Ned Thurston Dodd
Executor/Administrator
1874 Mocassin Gap Road
Lula, Ga. 30554
(JA3,10,17,24P4)

Martinez Estate
Notice to Debtors
and Creditors
State of Georgia
County of Banks
In Re: Francisco Martinez
All Debtors and Creditors of the Estate of Francisco Martinez, late of Banks County, Georgia, are hereby notified to render their demands and payments to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the subject estate.
This 11th day of December, 2000.
Estate of Francisco Martinez
By: P. Gerald Cody, Jr., attorney for the Estate of Francisco Martinez
P.O. Box 396
Cornelia, Georgia 30531
(706) 778-7178
(JA3,10,17,24,P4)

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 Louise Lewallen to The Dime Savings Bank of New York, FSB, D/B/A National Mortgage Investments Co. dated January 19, 1996, and recorded in Deed Book 103, Page 703, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Fleet Mortgage Corp., by Assignment securing a Note in the original principal amount of $68,098.00, 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, February 6, 2001, 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 G.M.D. 912, Banks County, Georgia, being 1.02 acres, more or less, on plat of survey for Louise Lewallen, dated December 27, 1995, prepared by William C. Ellis, Georgia registered land surveyor, and being more particularly described as follows:
Beginning at the intersection of the southwesterly right of way of Yonah Homer Highway and the southeasterly right of way of a dirt road known as Echols Road running thence along the Yonah Homer Highway south 45 degrees 51 minutes 53 seconds east 165.93 feet to an iron pin; thence continuing along said right of way along an arc having a chord bearing of south 39 degrees 26 minutes 53 seconds east and a chord distance of 152.97 feet to an iron pin; thence continuing along said right of way south 33 degrees 00 minutes 19 seconds east 31.93 feet to an iron pin; thence north 87 degrees 59 minutes 54 seconds west 63.07 feet to an iron pin; thence south 88 degrees 45 minutes 15 seconds west 83.31 feet to an iron pin on the Old Yonah Road; thence north 69 degrees 58 minutes 17 seconds west 85.92 feet, and north 64 degrees 17 minutes 33 seconds west 112.63 feet along Old Yonah Road to the southwesterly right of way of Echols Road; thence along Echols Road north 10 degrees 58 minutes east 39.40 feet to an iron pin; thence continuing along said right of way of Echols Road along an arc having a chord bearing of north 23 degrees 44 minutes 51 seconds east and chord distance of 67.67 feet to an iron pin; thence continuing along Echols Road north 36 degrees 31 minutes 23 seconds east 101.02 feet to the point of beginning.
Said property is known as 303 Yonah Homer Road, Lula, GA 30554, 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 Louise Lewallen, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Louise Lewallen, 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.
Fleet Mortgage Corp., as Attorney-in-Fact for Louise Lewallen
File no. 00-4079
L.J. Swertfeger, Jr.
Shapiro & Swertfeger
Attorneys and Counselors at Law
3300 Northeast Expressway
Suite 5-C
Atlanta, Georgia 30341-3941
(770) 220-2730/hb
The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(JA10,17,24,31INV)

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 that certain Security Deed, dated October 3, 1997, executed by Cathy B. Roberts to FT Mortgage Companies, DBA Homebanc Mortgage Corporation, recorded in Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $58,750.00, Security Deed and Note being last assigned to Bank United, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in February, 2001, to-wit: February 6, 2001, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia, encompassing 1.21 acres, more or less, designated as Tract No. 4B, as shown on a plat of survey entitled "Survey for Cathy B. Roberts," prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Land Surveyor No. 2629, dated September 29, 1997, and being of record in the Office of the Clerk of the Superior Court of Banks County, Georgia in Plat Book 22, Page 89, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become part of the real property.
The aforedescribed real property is also known as 295 E. Freeman Street, Maysville, Georgia, according to the present system of numbering houses in Banks County.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, convenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of Cathy B. Roberts 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 Security Deed, and the excess proceeds, if any, will be distributed as provided by law.
Bank United, F/K/A Bank United of Texas, as Attorney-in-Fact for Cathy B. Roberts
David W. Adams, Esquire
Ellis, Painter, Ratterree & Bart LLP
Post Office Box 9946
Savannah, Georgia 31412-9945
(912) 233-9700
(JA10,17,24,31INV)


Inc. Notice
Notice of Intent
to Incorporate
Notice is given that Articles of Incorporation, which will incorporate A & A Paving, 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 shall be located at 5456 Yonah Homer Road, Alto, Banks County, Georgia 30510, and its initial registered agent shall be L.J. Armour, 5456 Yonah Homer Road, Alto, Georgia 30510.
(JA17,24CIM)

Notice of Sale
Notice of Sale Under Power Contained in Security Deed
State of Georgia,
County of Banks
Pursuant to a Power of Sale contained in a certain Security Deed executed by Jason O. Chambers, hereinafter referred to as Grantor, with the singular including the plural, to Taylor, Bean & Whitaker Mortgage Corporation recorded in Deed Book 154, beginning at Page 177, of the deed records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said Security Deed, the undersigned Attorney-in-Fact for the aforesaid Grantor (which Attorney-in-Fact is the present holder of said Security Deed and note secured thereby) will sell before the door of the Courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in February, 2001, the property which, as of the time of the execution of said Security Deed, was described as set forth in the attached Exhibit "A." Said sale will be made subject to the following items which may affect the title to said property: All restrictive covenants, easements and rights-of-way appearing of record, if any; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; all outstanding and/or unpaid taxes which may be liens upon the property; all outstanding or unpaid bills and assessments for street improvements, curbing, garbage, water, sewage and public utilities which may be liens upon said property. To the best of the undersigned's knowledge and belief, the party in possession of the property is believed to be Jason O. Chambers.
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.
Donald Lufkin Jenrette, as Transferee and Assignee, as Attorney-in-Fact for the aforesaid Grantor
J. Michael Campbell
Attorney at Law
990 Hammond Drive
Suit 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
This law firm is attempting to collect a debt, and any information obtained will be used for that purpose.
Exhibit "A"
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 265 G.M.D., Banks County, Georgia, and being known and designated as Lot 10, Country Meadows East Subdivision, and being more particularly shown on a survey entitled "Survey for Mike R. Love and Debbie Lunsford Love," dated October 8, 1997, by Patton-Patton, Inc., Chris M. Patton, Registered Land Surveyor, and recorded in Plat Book C, at Page 42, Office of the Clerk of Superior Court of Banks County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed.
(JA10,17,24,31B/372 5000)

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 Bobby Scott Coker to First National Security Corporation, dated October 5, 1999, recorded in Deed Book 149, Page 603, Banks County, Georgia Records, as last transferred to Bank of New York as Trustee, on behalf of the Certificate Holders 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 No and 0/100 Dollars ($0.00), 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 February, 2001, 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 Bobby Scott Coker or a tenant or tenants and said property is more commonly known as 632 Borders Road, Commerce, GA 30530.
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.
Bank of New York as Trustee, on behalf of the Certificate Holders, as Attorney-in-Fact for Bobby Scott Coker
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/yrp 2/6/01
Our file no. CWF-00-00074-FT4
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 tract or parcel of land lying and being in the 207th G.M.D. Banks County, Georgia, containing 5.92 acres at Lot 13 on a plat of survey as prepared for J. Albert Minish, by Max DeWallon, Registered Land Surveyor, dated March 20, 1992. This being the tract of land known as Hudson River Estates.
(JA10,17,24,31B/930 6000)

Jones Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Rosa A. Jones, 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 5th day of January, 2001.
Mary Lois Eterno, Executor/Administrator
208 Eterno Lane
Homer, GA 30547
(JA10,17,24,31P4)

Notice
Georgia, Banks County Probate Court
The petition of Ola Mae Boswell for a year's support from the estate of John Perion Boswell, 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 February 5, 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 February 5, 2001, at 10:00 a.m. If no objections are filed, the petition may be granted without a hearing.
Witness, the Honorable Betty Thomas, Judge
By: Kathy Hill, Clerk, Probate Court of Banks County
(JA10,17,24,31P4)

Stowe Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Bruce William Stowe, 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 4th day of January, 2001.
Ann Stowe Sullivan, Executor/Administrator
P.O. Box 1544
Suwanee, GA 30024
(706) 776-3398
(JA10,17,24,31P4)

Notice
Georgia, Banks County Probate Court
Gladyne R. Davison has petitioned to be appointed Administrator of the estate of Thomas A. Rylee Sr., 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 February 5, 2001 at 10:00 a.m. If any objections are filed, a hearing will be held February 5, 2001, 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
(JA10,17,24,31P4)

Public Hearing
Notice of Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office:
CU-01-01 - Application by E.J. and Ella McDonald for a conditional use permit to move a 1985 manufactured home to Christmas Tree Road. This property is zoned ARR, Agricultural, Rural-Residential.
Z-01-01 - Application by Walt Rowsey for rezoning of 8.86 acres from ARR, Agricultural, Rural-Residential to C-2, General Commercial. The property is located at the corner of Ridgeway Road and Waterplant Road.
The above applications are on file in the office of the Banks County Planning Commission and are available for public review.
The Banks County Planning Commission will hold a public hearing on the matters on Tuesday, February 6, 2001 at 7 p.m. in the courtroom located at the Banks County Courthouse in Homer, Georgia.
The Banks County Commissioners will hold a public hearing on the matters on Tuesday, February 13, 2001, at 7 p.m. in the courtroom at the Banks County Courthouse in Homer, Georgia.
Interested persons are invited to appear and comment.
This 17th day of January, 2001.
(JA17B/069 2000)

Notice
In the Juvenile Court
of Banks County
State of Georgia
In the Interest of: Kristian Marr, DOB: 3/9/99, Sex: Female, A Child Under the Age of Eighteen
Notice of Publication
To: Curtis Pendle, Putative Father of the Above-Named Child
By order for service by publication dated the 12th day of January, 2001, you are hereby notified that on the 9th day of January, 2001, the Banks County Department of Family and Children Services filed a Petition for Temporary Custody (Deprivation) against you as to Kristian Marr. 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 Court will conduct a provisional hearing on the above-styled matter pursuant to O.C.G.A. §15-11-39.2 on the 19th day of January, 2001, at 11:00 a.m. at the Juvenile Court, Barrow County Courthouse, Winder, Georgia. The findings of fact and interlocutory orders made shall become final without further evidence at the final hearing unless you appear at the final hearing.
This matter has been set for final hearing on the 9th day of February 2001, at 9:00 a.m., at the Juvenile Court, Banks County Courthouse, Homer, Georgia.
In the event 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 12th day of January, 2001.
Timothy Harper, Clerk, Banks County Juvenile Court, Banks County Courthouse, Homer, Georgia
(JA17,24,31,FE7B/343 3000)

Inc. Notice
Notice of Incorporation
Notice is given that Articles of Incorporation that will incorporate Janitorial Contractors, Inc. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code 14-2-202. The initial registered office of the corporation is located at 647 Highway 51, North, Homer, GA 30547, and its initial registered agent at such address is Patricia Haynes.
(JA17,24P2)


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