Banks County Legal Advertisements...

February 7, 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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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)

Trade Name
Notice of Trade Name
Notice is given that Just Charlee's, Inc., will operate under the trade name of Country Roads Real Estate. The registered office of Just Charlee's, Inc., and Country Roads Real Estate is located at 105 Hwy. 441 N., Homer, GA 30547, and its initial registered agent at such address is Shirlene Allen. The mailing address is P.O. Box 51, Homer, GA 30547.
(JA31,FE7P2)

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 their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to me.
Norman Williams, Executor of Winnie Griffin Chambers, Deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(JA31,FE7,14,21INV)

Griffin Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Lula Griffin, deceased, late of Banks County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to me.
Norman Williams, Administrator of C.T.A. of Lula Griffin, Deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(JA31,FE7,14,21INV)

Notice of Sale
Notice of Sale Under Power
Whereas, for value received, Grady Lord, Jr. and Carolyn J. Lord, 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 November 2, 1992, in Deed Book 75, Pages 138 through 140, securing that certain Promissory Note in the original principal amount of Eighteen Thousand and 00/100 ($18,000.00) Dollars, said Promissory Note having been modified by certain Modification Agreements recorded in Deed Book 85, Page 108, Deed Book 86, Page 147, Deed Book 95, Page 727, Deed Book 101, Page 324, Deed Book 114, Page 272, and Deed Book 118, Page 59, respectively, Banks, Georgia Records, all being signed and executed by Grady Lord, Jr. and Carolyn J. Lord; and
Whereas, First Commerce is the holder of said Deed to Secure Debt and Modification Agreements; and
Whereas, the Deed to Secure Debt held by First Commerce provides that should default occur the holder may declare the entire indebtedness secured by the Deeds 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, promissory note secured by said Deed to Secure Debt has matured and the principal and all accrued interest are due and payable; 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 Powers 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 March, 2001, the following described property conveyed in the said Deed to Secure Debt, to-wit:
All That Tract or Parcel of Land lying and being on the north side of Ridgeway Road in the 208 (Bushville) G.M. District of Banks County, Georgia containing 0.52 acre according to a plat of survey prepared by H.G. Prickett, Surveyor, dated May 10, 1958, and being more particularly described according to said survey as follows:
Beginning at a point in Ridgeway Road which point constitutes the southwestern corner of the tract herein described and the southeastern corner of property Oliver Smith; thence in a counterclockwise direction south 86 1/2 degrees east 179 feet along Ridgeway Road to a point; thence in a counterclockwise direction north 3 degrees east 93 feet to a point; thence in a counterclockwise direction north 69 degrees west 72 feet along property of Henry Payne to a stake; thence in a counterclockwise direction south 75 degrees west 92 feet along property of Henry Payne to a stake; thence in a counterclockwise direction north 59 degrees west 100 feet along property of Henry Payne to a stake; thence in a counterclockwise direction north 89 1/2 degrees west 70 feet along property of Henry Payne to a stake; thence in a counterclockwise direction south 68 degrees east 67 feet along property of Oliver Smith to a stake; thence in a counterclockwise direction south 31 degrees east 128 feet along property of Oliver Smith to a point in the road which is the point of beginning.
Also, all that tract or parcel of land lying and being on the north side of Ridgeway Road in the 208 (Bushville) G.M. District of Banks County, Georgia adjoining the above described property and containing 0.49 acre according to a plat of survey prepared by F.H. Meeks, Surveyor, dated June 25, 1966, and being more particularly described according to said survey as follows:
Beginning at an iron pin which constitutes the northwestern corner of the tract herein described; thence south 72 degrees 30 minutes east 2.50 chains to an iron pin; thence north 81 degrees east 2.15 chains to an iron pin; thence south 5 degrees 30 minutes west 1.56 chains to an iron pin; thence north 65 degrees west 1.15 chains along property of Ola B. Brown (now Ola B. Waters) to an iron pin; thence south 73 degrees 30 minutes west 1.42 chains along property of Ola B. Brown (now Ola B. Waters) to an iron pin; thence north 58 degrees west 1.66 chains along property of Ola B. Brown (now Ola B. Waters) to an iron pin; thence south 89 degrees west 0.72 chains along property of Ola B. Brown (now Ola B. Waters) to an iron pin; thence north 10 degrees 30 minutes east 1.06 chains to an iron pin which is the point of beginning. For a more complete description of the property reference is made to said plat of survey a copy of which is recorded at Plat Book 3, Page 31, Banks County, Georgia records.
The proceeds of said 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.
To the best of the knowledge of the undersigned, the property is in the possession of Grady Lord, Jr. and Carolyn J. Lord.
This 29th day of January, 2001.
The First National Bank of Commerce, as Attorney-in-Fact for Grady Lord, Jr. and Carolyn J. Lord
Thomas H. Rogers Jr.
Blasingame, Burch, Garrard, Bryant & Ashley, P.C., Attorney for The First National Bank of Commerce
P.O. Box 832
Athens, GA 30603
(706) 354-4000
(FE7,14,21,28B/510 10000)

Name Change
State of Georgia
County of DeKalb
Re: Matter of the Application of Tami Annette Hutchins to change the name of Christina Dawn Crowe, a minor, to the name Christina Dawn Hutchins.
Case No. 00-CV-11552-10
Notice is hereby given that Tami Hutchins, the undersigned, has filed her Petition to the Civil Court of said County on the 1st day of November, 2000, praying for a change in name for Christina Dawn Crowe, a minor, to Christina Dawn Hutchins, and Notice is hereby given to any interested or affected party in said matter.
This 7th day of February, 2001.
Tami Annette Hutchins, Petitioner
(FE7,14,21,28P4)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the Power of Sale contained in a Deed to Secure Debt and its modifications from Lajuanda E. Barnes to First Piedmont Financial Services, Inc., dated January 14, 1999, and recorded at Deed Book 139, Pages 791-793, in the Office of the Clerk of Superior Court of Banks County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, during the legal hours of sale on the first Tuesday in March, 2001, the following described property, to-wit:
All that tract or parcel of land lying and being in the 207th G.M., District, of Banks County, Georgia, and being that 1.00 acre, more or less, designated as Tract #10-A and being that 2.00 acres, more or less, designated as Tract #10-B and that 5.16 acres, more or less, designated as Tract #10-C as more particularly shown on a plat of survey for Eugene Montgomery by G. Brian Slate, Registered Surveyor, dated August 15, 1997.
Said plat is recorded in Plat Book B, Page 72, of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part by reference for a more detailed description of said property is bounded on the North by unknown South by Tracts #11, 13, 14, 15, 16 and West by County Rd. #62.
Togther with: A 1980 Liberty 14x60 Mobile Home ID #MH3046 permanently attached to the property.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney's fees. This property will be sold as the property of Lajuanda E. Barnes subject to any taxes, easements and assessments appearing of record.
To the best of the undersigned's knowledge, the property is in the possession of Lajuanda E. Barnes.
First Piedmont Financial Services, Inc., as Attorneys-in-Fact for Lajuanda E. Barnes.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
(FE7,14,21,28B/344 4000)

Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia
County of Banks
Because of default in the payment of the indebtedness secured by a Deed to Secure Debt executed by Howard J. Turner and Mark J. Turner, Grantors, to Clyde Eugene Montgomery, Grantee, dated March 2, 1999, recorded in Deed Book 140, Page 558, in the Office of the Clerk of Superior Court, Banks County, Georgia, the undersigned has declared the entire amount of said indebtedness due and payable and pursuant to the Power of Sale contained in said deed, will on March 6, 2001, during the legal hours of sale at the Courthouse door in Banks County, sell at public outcry to the highest and best bidder for cash, the following described property:
All that tract or parcel of land lying and being in the 207th G.M., District, of Banks County, Georgia, and being that 6.01 acres, more or less, designated as Tract #22, as more particularly shown on a plat and survey for Walham Properties, Ltd., by Dwight Kilby and Associates, Registered Surveyor, dated March 10, 1989.
Said plat is recorded at Plat Book 14, Page 116, in the Office of the Clerk of the Superior Court of Banks County, Georgia incorporated herein and made a part hereof for a more detailed description. Said property is bounded on the North by Tracts #17, 18, 19, 20 and 21, East by Billy Wilbanks, South by Tract #23, West by County Road #63.
The sale will be held subject to any outstanding and unpaid taxes and/or easements and/or restrictive covenants appearing of record.
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 Howard J. Turner and Mark J. Turner, and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said Deed, the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Deed to Secure Debt.
Clyde Eugene Montgomery, as Attorney-in-Fact for Howard J. Turner and Mark J. Turner
Wanda Barnett David
P.O. Box 99
Jefferson, Georgia 30549
(706) 367-8030
(FE7,14,21,28B/783 4000)

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 Paul B. Webb and Janice L. Webb to National Mortgage Investments Co., Inc., dated April 15, 1994, recorded in Deed Book 87, Page 645, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc., 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 Sixty-One Thousand Six Hundred Forty-Five and & 0/100 Dollars ($61,645.00), 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 March, 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 Paul B. Webb and Janice L. Webb or a tenant or tenants and said property is more commonly known as 1092 North Magnum Bridge Road, 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.
Mortgage Electronic Registration Systems, Inc., as Attorney-in-Fact for Paul B. Webb and Janice L. Webb
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/sdd 3/6/01
Our file no. AURO-01-00020-FT1
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 GMD 465, Banks County, Georgia, containing 5.21 acres, and being more particularly described as follows:
To find the true point of beginning, commence at the centerline intersection of Ridgeway Road and Mangum Bridge Road; thence south 06-09 west 494.6 feet to a point on the westerly right-of-way of Mangum Bridge Road and the true point of beginning; thence along the right-of-way of Mangum Bridge Road (a 60-foot right-of-way), south 05-22 west 206.1 feet to a point; thence departing said right-of-way north 88-30 west 696.9 feet to an IPF; thence north 26-06 west 326.7 feet to an IPF; thence south 88-36 east 866.6 feet to the true point of beginning, as shown on plat of survey for Paul B. Webb and Janice L. Webb, by Max Lewallen, Ga. R.L.S. No. 2067, dated April 14, 1994, which plat is incorporated herein by reference and made a part hereof.
(FE7,14,21,28,B/930 7000)

Notice
Probate Court of
Banks County
Re: Petition of David Mitchell Boyd to Probate In Solemn Form the Will of James Harold Pritchett, Deceased, Upon Which An Order for Service Was Granted By This Court On January 8, 2001.
To: Jackie Pritchett, Donnie Joe Pritchett, Charles Emory Pruitt 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 March 5, 2001, at 10:00 a.m.
To: Swayne Pritchett and Robbie Cartledge
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before the thirteenth (13th) day after January 29, 2001 (the date of the mailing of this Notice to you by certified or registered mail, return receipt requested); provided, however, that if a return receipt for such Notice is actually received by the Court within such 13 days, the deadline for the filing of any objection shall be ten (10) days from the date of receipt shown on such return receipt.
This is further to notify David Mitchell Boyd, over 18, 1010 Harmony Church Road, Baldwin, GA 30511, nephew; Gayle Pritchett, over 18, 289 Wilson Road, Commerce, GA 30529, sister; Nolan Pritchett, over 18, 7400 Maysville Road, Maysville, GA, brother; Martha Ann Fleeman, over 18, c/o Grace Pritchett, 164 Pine Street, Commerce, GA 30529, niece; Barbara Hudgins, over 18, 4636 Strickland Road, Flowery Branch, GA, niece; Edward Clarence Pritchett, over 18, 7856 US Hwy. 129 North, Talmo, GA 30575-2506, nephew; Donald Pritchett, over 18, P.O. Box 334, Jefferson, GA 30549, nephew; David Pritchett, over 18, Ga. Public Safety Training Ctr., Georgia Fire Academy, Director, 1000 Indian Spring Drive, Forsyth, GA 31029-9599, nephew; Charles Emory Pruitt, over 18, 234 Memorial Dr., Apt. 218, Atlanta, GA 30303, nephew; Johnny Pruitt, over 18, 1060 Rocky Branch Road, Bogart, GA 30622, nephew; Jerry Pruitt, over 18, 2953 Maysville Road, Commerce, GA 30529, nephew; Martha Chambers, over 18, 668 Brockton Road, Jefferson, GA 30549, niece; Diane Pruitt Davis, over 18, 2561 Hwy. 82 North, Jefferson, GA 30549, niece; Jackie Pritchett, over 18, no known address, niece; and Donnie Joe Pritchett, over 18, no known address, nephew, who are required to be served personally, to file objection, if there is any, to the above referenced petition, in this Court on or before the tenth (10th) day after the date you are personally served.
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 March 5, 2001. 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
(FE7,14,21,28B/071 5000)
Bradford Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Ruby Mae Wright Bradford, deceased, late of Banks County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me. This 24th day of January, 2001.
Roger J. Bauer, Attorney for the Executor, Kelley Lephes Bradford
P.O. Box 67
Buford, GA 30515-0067
770-932-1773
(FE7,14,21,28P4)


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