Banks County Legal Advertisements...

February 21, 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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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)

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
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 Deed Book 128, Page 351, 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)

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
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)

Notice
Notice of Special Election
To the Electorate
of Banks County
Pursuant to the provisions of Georgia Laws 1985, p. 232, as amended, (O.C.G.A. Section 48-8-110 et seq.), and a Resolution of the Board of Commissioners of Banks County adopted January 12, 2001, and pursuant to a call by the Election Superintendent/Probate Judge of Banks County, Georgia, issued on January 12, 2001, notice is hereby given that a special election has been called and will be held on Tuesday, March 20, 2001, for the purpose of allowing the voters of Banks County to decide whether a special one percent (1%) sales and use tax shall be levied within Banks County for the purpose of funding certain capital outlay projects.
Pursuant to the requirements of O.C.G.A. Section 48-8-111(a)(1)(D), the County has entered into agreements with municipalities within the County whose residents who reside within the County constitute more than one-half of the residents of the County who live within municipalities, those municipalities being the City of Homer, the City of Baldwin and the City of Maysville. Under the agreements, of the total maximum net proceeds of the tax of $15,000,000, a portion thereof not to exceed $11,787,000 will be used by the County to expand a county water system, to construct a County jail, recreation facility, public safety facilities, to purchase fire trucks, and to pay any general obligation debt of Banks County issued in conjunction with the imposition of the tax and $1,638,000 for roads, streets and bridge purposes, owned and operated by the County, a portion thereof not to exceed $810,000 will be used by the City of Homer to expand, upgrade and improve public water facilities, a public safety facility and to purchase fire trucks and $90,000 for roads, streets and bridge purposes, owned and operated by the City of Homer, a portion thereof not to exceed $450,000 will be used by the City of Maysville to improve and upgrade the public water system owned and operated by the City of Maysville for the benefit of residents of the County, and a portion thereof not to exceed $225,000 will be used by the City of Baldwin to improve and upgrade the public water system owned and operated by the City of Baldwin for the benefit of residents of the County. The agreements are on file in the offices of the Board of Commissioners of Banks County.
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 between the hours of 7:00 a.m. to 7 p.m. on March 20, 2001. The ballot shall have written or printed thereon the following question:
( ) Yes
( ) No
Shall a special one percent (1%) sales and use tax be imposed in Banks County for a period of time not to exceed twenty (20) calendar quarters (five (5) years) and for the raising of not more than Thirteen Million Two Hundred Seventy Two Thousand Dollars ($13,272,000.00) for the purpose of constructing a jail, constructing public safety facilities, constructing a recreation facility, expanding public water facilities and purchasing fire trucks to be owned and operated by Banks County, for the purpose of constructing a public safety facility, expanding public water facilities and purchasing fire trucks to be owned and operated by the City of Homer, for the purpose of expanding public water facilities to be owned and operated by the City of Maysville for the benefit of residents of Banks County that live within the City of Maysville, and for the purpose of expanding public water facilities to be owned and operated by the City of Baldwin for the benefit of residents of Banks County and for road, street and bridge purposes for a period of time not to exceed twenty calendar quarters (five (5) years) and for the raising of not more than One Million Seven Hundred Twenty Eight Thousand Dollars ($1,728,000.00).
If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of Banks County in the principal amount of Five Million Five Hundred Ninety Thousand Dollars ($5,590,000.00) for the above purpose of constructing a jail, constructing public safety facilities and purchasing fire trucks by Banks County but not for road, street and bridge purposes.
If the tax is approved by the voters and general obligation debt is issued the principal amount of the general obligation debt will not exceed $5,590,000 and the maximum rate of interest such general obligation debt will bear will not exceed 6.5% per annum. The amount of principal to be paid each year during the life of the general obligation debt is:
Principal to be Paid, Year: $1,035,000, 2002; $1,075,000, 2003; $1,115,000, 2004; $1,160,000, 2005; $1,205,000, 2006
All persons desiring to vote in favor of levying such tax shall vote "Yes," and all persons desiring to vote against levying such tax shall vote "No." If more than one-half (1/2) of the votes cast on such question are in favor of levying such tax, then such tax shall be levied in accordance with the provisions of O.C.G.A. Section 48-8-110 et seq.
The last day to register to vote in this election shall be February 20, 2001, at 5 o'clock, p.m. Mail voter registration applications must be post marked on or before February 20, 2001.
Betty Thomas, Probate Judge and Election Superintendent, Banks County, Georgia
(FE14,21,28,MA7,14B/069 10000)

Rucker Estates
Notice to Debtors
and Creditors
State of Georgia
County of Banks
In Re: Estate of Cornolia Rucker, Deceased, and Estate of Hattie Mae Rucker, Deceased
All creditors of the estates of Cornolia Rucker, deceased, and Hattie Mae Rucker, deceased, both late of Banks County, Georgia, are hereby notified to render their demands to the undersigned according to the law, and all persons indebted to said estates are required to make immediate payment to me.
This 5th day of February, 2001.
Columbus Rucker and Teresa Rucker, Administrators of Cornolia Rucker, Deceased, and Hattie Mae Rucker, Deceased
130 Woodbine Street
Commerce, Georgia 30529
(FE12,21,28,MA7,14P4)

Posey Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of James H. Posey, 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 12th day of February, 2001.
Larry W. Pressley, Executor/Administrator, 6212 Park Road, Doraville, GA 30340
(FE21,28,MA7,14P4)

Trade Name
Notice of Trade
Name Registration
Notice is hereby given, pursuant to O.G.C.A. Section 10-1-490, that A & K Apparel, Inc., a Georgia Corporation, is conducting a business at Tanger Factory Outlet Center, Tanger I, 111 Tanger Drive, Commerce, Georgia 30529, under the trade name Kids Klothes, which business is engaged in the area of clothing.
Michael L. Berger, JD, LLM, PA
2500 W. Broad Street, Ste. 413
Athens, Georgia 30606
(706) 613-1112
(FE21,28P2)

Inc. Notice
Notice of Intent
to Incorporate
Notice is hereby given that Articles of Incorporation, which will incorporate Proven Performance Corporation, will be delivered to the Secretary of State for filing in accordance with Section 14-2-201.1 of the Georgia Business Corporation Code (O.C.G.A. §14-2-201.1).
The initial registered office of the corporation will be located at 902 Jack Shubert Road, Homer, Georgia 30547 and its initial registered agent at such address is Dennis Shirley.
(FE21,28P2)


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