Banks County Legal Advertisements...

March 28, 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 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)

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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