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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 Nicholas Buford Denton to United Panam
Mortgage, a Division of Pan American Bank, FSB, dated January
13, 1999, filed for record on February 1, 1999 and recorded in
Deed Book 139, Page 454, Banks County, Georgia Records, as last
assigned to Bankers Trust Company, as Trustee under the Pooling
and Servicing Agreement dated as of March 1, 1999, United PanAm
Mortgage Loan Trust 1999-1, asset backed certificates, series
1999-1, 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 April, to-wit: April 3, 2001, the following described property:
All that tract or parcel of land lying and being in G.M.D. 265
of Banks County, Georgia and being more particularly described
as follows:
To find the true point of beginning, begin at a point located
on the Northwesterly side of the right of way of Thompson Street,
said point being situated 3673 feet Northeasterly from the intersection
of the centerline of the right of way of Thompson Street with
U.S. 441; thence along the centerline of an ingress-egress easement
North 26 degrees 35 minutes 21 seconds West a distance of 66.08
feet to a point; thence North 38 degrees 33 minutes 33 seconds
West a distance of 114.79 feet to a point; thence North 45 degrees
28 minutes 06 seconds West a distance 55.21 to a point; thence
North 50 degrees 41 minutes 33 seconds West a distance of 57.06
feet to a point; thence North 59 degrees 13 minutes 19 seconds
West a distance of 59.23; thence North 76 degrees 09 minutes
58 seconds West a distance of 63.92 feet to a point; thence North
66 degrees 37 minutes 15 seconds West a distance of 22.01 feet
to a point; thence North 06 degrees 42 minutes 19 seconds a distance
of 67.81 feet to a point; thence North 12 degrees 08 minutes
27 seconds West a distance of 67.83 to an iron pin and the true
point of beginning; thence South 80 degrees 46 minutes 12 seconds
West a distance of 262.18 to an iron pin and corner; thence North
53 degrees 45 minutes 11 seconds West a distance of 127.05 feet
to a point and corner; thence North 10 degrees 24 minutes 02
seconds East a distance of 465.03 feet to an iron pin and corner;
the South 79 degrees 37 minutes 47 seconds East a distance of
361.53 to an iron pin and corner; thence South 10 degrees 26
minutes 00 seconds West a distance of 432.53 to an iron pin and
the true point of beginning, as per plat of survey prepared by
Venable & Associates, Inc., Allen L. Venable, Jr. R.L.S.
No. 1761 for Nicholas Denton dated September 18, 1998 and contains
3.996 acres more or less.
Said Deed to Secure Debt having been given to secure a note of
even date in the original principal amount of $70,200.00 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 369
Thompson Street, Homer, GA 30547 is (are): Nicholas Buford Denton
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 Deed to Secure Debt first set
out above, including, but not limited to, assessments, liens,
encumbrances, zoning ordinances, easements, restrictions, covenants,
etc.
Bankers Trust Company, as Trustee under the Pooling and Servicing
Agreement dated as of March 1, 1999, United PanAm Mortgage Loan
Trust 1999-I, asset backed certificates, Series 1999-I, as Attorney-in-Fact
for Nicholas Buford Denton
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.
(MA7,14,21,28INV)
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 Edgar Lee Lyons to Fairbank Mortgage, dated May
21, 1998, recorded in Deed Book 129, Page 351, Banks County,
Georgia Records, as last transferred to Manufacturers & Traders
Trust Company, One M & T Plaza, Buffalo, NY 14203-2399, Trustee
for Securitization Series 1998-2, Agreement dated 6-01-98 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
Eighty-Eight Thousand & No/100 Dollars ($88,000.00), 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 April, 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 Edgar Lee Lyons or a tenant
or tenants and said property is more commonly known as 534 Payne
Road, Homer, GA 30547.
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.
Manufacturers & Traders Trust Company, One M & T Plaza,
Buffalo, NY 14203-2399, Trustee for Securitization Series 1998-2,
Agreement dated 6-01-98, as Attorney-in-Fact for Edgar Lee Lyons
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/eag 4/3/01
Our file no. 5492799-FT5
The 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 1206th
G.M.D. and 1210th G.M.D. of Banks County, Georgia, containing
4.27 acres, more or less, as more fully shown on a plat of survey
prepared by Farley-Collins Associates, dated October 30, 1974,
for Bryon F. Gallimore, recorded in Banks County, Georgia Records
of Clerk of Superior Court in Plat Book 5, Page 193; said plat
is incorporated herein by reference for a more detailed description
of said property. Said property is conveyed pursuant to Final
Judgment of Decree of Divorce between the parties herein, Case
Number 97CV-187M, Banks County, Georgia, Superior Court, dated
November 13, 1997.
(MA7,14,21,28B/930 6000)
Notice of Sale
State of Georgia
Banks County
By virtue of a Power of Sale contained in the Security Deed from
Charles Baker, to Alliance Funding, a division of Superior Bank,
FSB, dated March 31, 1999, and recorded April 13, 1999, in Deed
Book 142, Page 352, Banks County, Georgia Records, given to secure
a Note of that date in the original principal amount of Seventy
Four Thousand Two Hundred Fifty Dollars ($74,250.00), with interest
on the unpaid balance until paid; said Security Deed having been
last assigned and transferred to LaSalle Bank National Association
as Indenture Trustee under the Indenturo dated as of March 1,
2000, series 2000-1 recorded in Deed Book __, Page __, Banks
County deed of records, the following described property having
the address of 203 McClure Road, Gillsville, Georgia 30543, 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 April, 2001.
See Exhibit A & B
The debt secured by the above referenced security deed has been
declared due because of the default in the payment of said debt
per the terms of the note and other possible defaults by the
borrower(s) or the successor(s) thereto. The debt remaining in
remaining in default, this sale will be made for the purpose
of paying the debt and all expenses of this sale including attorneys'
fees.
The property will be sold as the property of the borrower(s)
subject to any outstanding taxes, assessments and other liens
superior to the security deed being foreclosed hereby. To the
best knowledge and belief of the undersigned, the above described
property is in the possession of the borrower(s) and/or persons
with the consent or acquiescence of borrower(s).
Alliance Funding Company, a Division of Superior Bank, FSB, Attorney-in-Fact
for Charles Baker
Philip L. Pleska
Attorney at Law
900 Circle 75 Parkway
Suite 1220
Atlanta, GA 30339
770-933-9009
This communication is from a debt collector attempting to collect
a debt and any information obtained will be used for that purpose.
Exhibit "A"
All that tract or parcel of land lying and being in the 465th
GM District Banks County, Georgia, being designated as Tract
I, containing 0.97 acres, more or less, as shown on the certain
plat entitled "Survey for CHS Associates" dated October
21, 1998, prepared by G. Brian Slate, GRLS No. 2629, recorded
in Plat Book 23, Page 156, Banks County records which plat is
incorporated herein by the reference and made a part hereof.
Schedule B
Debtor's rights to possession of the real property at Debtor's
address indicated on this financing statement, including but
not limited to any and all of Debtor's rights under any Lease
by and between Debtor and Alliance Funding, a Division of Superior
Bank, FSB, all of the Debtor's contract rights and general intangibles
arising therefrom and related thereto, and any proceeds of the
foregoing.
1999 Sweetwater 2866L Manufactured Home 66x28, Serial #GEO1178997F9988,
all personal property sold therewith, including but not limited
to appliances, heating and cooling systems, awnings, skirting,
decking, porches, garage, and add-on rooms, and any and all replacements
of any of the foregoing, any and all accessions to any of the
foregoing, and any proceeds of any of the foregoing, including
but not limited to insurance proceeds. This financing statement
does not apply to nonpurchase money household goods as defined
at 16 CFR §444.1 (i) or any equivalent state law statue.
(MA7,14,21,28INV)
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Notice
In the Juvenile Court
of Banks County
State of Georgia
In the Matter of Jacqueline Elizabeth Leigh Strickland, DOB:
12/23/95, Sex: Female, A Child Under the Age of Eighteen Years
Notice of Publication
To: Brian Westmoreland, Putative Father the Above-Named Child
By order for service by publication dated the 28th day of February,
2001, you are hereby notified that on the 28th day of February,
2001, the Banks County Department of Family and Children Services
filed a Petition for Termination of Parental Rights against you
as to the above-named child and the Court found it to be in the
child's best interest that the petition be filed. This notice
is being sent to you pursuant to the provisions of O.C.G.A. §15-11-96.
The Petition is for the purpose of terminating your parental
rights to the above-named child.
Pursuant to O.C.G.A. §15-11-96(e), you are advised that
you will lose all rights to the above-named child and will not
be entitled to object to the termination of your parental rights
to the child unless within thirty (30) days of the receipt of
this notice you file a petition to legitimate the child pursuant
to O.C.G.A. §19-7-22 and file notice of the filing of the
petition to legitimate in the court in Juvenile Court of Banks
County. If you fail to file a Petition to Legitimate within thirty
(30) days of your receipt of this notice or fail to prosecute
it to its final judgment, you will lose all rights to the child
and the Court shall enter an order terminating all your rights
to the child and you may not thereafter object to the termination
of your rights to the child.
Pursuant to the provisions of O.C.G.A. §15-11-93, the effect
of an order terminating your parental rights under this article
is without limit as to duration and terminates all your rights
and obligations with respect to the child and all rights and
obligations of the child to you, arising from the parental relationship,
including rights of inheritance. You are not thereafter entitled
to notice of proceedings for the adoption of the child by another,
nor do you have any right to object to the adoption or otherwise
participate in the proceedings.
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 him in these proceedings.
The Court will conduct the final hearing on the Petition for
Termination of Parental Rights on the 15th day of May, 2001,
at 9:30 a.m., in the Juvenile Court of Banks County, Banks County
Courthouse, Homer, Georgia.
Witness, the Honorable Kevin Guidry, Judge of said Court, this
the 28th day of February, 2001.
June Westbrook, Deputy
Clerk, Timothy Adams
Banks County Juvenile Court
Banks County Courthouse
Homer, Georgia
(MA14,21,28,AP4B/343 6000)
Divorce Notice
In the Superior Court
of Banks County
State of Georgia
Tawana Lee Randall, Plaintiff vs. Daniel Wayne Randall, Defendant
Civil Action No. 01-CV-40A
Notice
To: Daniel Wayne Randall, 165 Flat Rock Road, Baldwin, Georgia
By order of the court for service by publication dated February
28, 2001, you are hereby notified that on the 19th day of January,
2001, Tawana Lee Randall 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, Cheryl B. Dillard, P.O.
Box Drawer 1568, Clayton, Georgia 30525, an answer in writing
within sixty (60) days of February 28, 2001.
Witness, the Honorable Robert W. Adamson, Judge of Banks County
Superior Court.
This 12th day of March, 2001.
Timothy Harper, Clerk
Banks County Superior Court
P.O. Box 337
Homer, Georgia 30547
(MA14,21,28,AP4P4)
Pritchett Estate
Notice to Debtors
and Creditors
All creditors of the estate of James Harold Pritchett, 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 8th day of March, 2001.
David Mitchell Boyd, Executor/Administrator
1010 Harmony Church Road.
Baldwin, GA 30511
(MA14,21,28,AP4P4)
Sheridan Estate
Notice to Debtors
and Creditors
All creditors of the estate of Eunice Morris Sheridan, 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 7th day of March, 2001.
Vicky Sheridan Venable, Executor/Administrator
2814 Hwy. 51 South
Lula, GA 30554
(MA14,21,28,AP4P4)
Oswell Estate
Notice to Debtors
and Creditors
All creditors of the estate of Mary A. Oswell, 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 6th day of March, 2001.
William W. Oswell, Executor/Administrator
104 Ivory Drive
Baldwin, GA 30511
(MA14,21,28,AP4P4)
Watkins Estate
Notice to Debtors
and Creditors
All creditors of the estate of Tom Watkins, 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 15th day of March, 2001.
Dora Hill, Executor/Administrator
1553 Hwy. 105
Baldwin, GA 30511
(MA21,28,AP4,11P4)
Inc. Notice
Notice of Incorporation
Notice is given that Articles of Incorporation, which will incorporate
R & C Real Estate, 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 489 Gene Crane Road, Maysville, GA 30558, and its initial
registered agent at such address is Evelyn Crane.
(MA21,28INV)
Inc. Notice
Notice of Incorporation
Notice is given that Articles of Incorporation that will incorporate
Taylor Automotive, 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.
(MA21,28P2)
Inc. Notice
Notice is given that Articles of Incorporation that will incorporate
Central Plumbing & Electric, 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.
(MA21,28P2)
Notice
Notice of Early Public Review
Notice is hereby given that Banks County has determined that
the project hereafter described is proposed to be located in,
or may affect, a floodplain as defined by Executive Order 11988
and/or Executive Order 11990:
1. Banks County Water Improvements: Banks County proposes to
extend water lines to Alexander Road, Riverbend Road, Duncan
Road, Borders Road, Hebron Road, Hebron Court and Sims Bridge
Road. This project will be funded with Community Development
Block Grant (CDBG) program funds and County funds.
2. This will be a permanent solution to provide the Banks County
citizens in the target area with a clean and reliable water supply
and reliable fire protection.
The Banks County has additional information on the proposal and
such information may be obtained at the Banks County Commissioners
Office, 144 Yonah-Homer Road, Homer, Georgia. This information
may be obtained or reviewed between the hours of 9:00 a.m. and
4:00 p.m. Monday through Friday.
Comments respecting the proposed project may be submitted to
Mr. Michael Fischer, County Administrator, Banks County, P.O.
Box 130, Homer, Georgia 30547-0130 no later than April 12, 2001.
Kenneth Brady, Chairman
Banks County
P.O. Box 130
Homer, Georgia 30547-0130
(MA28B/069 2000)
Name Change
Notice of Petition to
Change Name
Georgia, Banks County
Sheila Wade, the undersigned, as next friend of her minor son,
Christian Blake Franklin, filed her petition in the Superior
Court of Banks County, Georgia on March 15, 2001, praying for
a change in the name of her minor son from Christian Blake Franklin
to Christian Blake Ausburn. Notice is hereby given pursuant to
law to any interested or affected party to appear in said Court
and to file objections for such name change.
Objections must be filed with said Court within thirty (30) days
of the filing of said Petition.
This 15th day of March, 2001.
Sheila Wade
(MA28,AP4,11,18P4)
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