Banks County Legal Advertisements...

May 9, 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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Alinger Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Ernest Alinger, 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 April, 2001.
Ellen Alinger Dolphus, Martha Alinger Frady, Executors/Administrators
1310 Wynn Lake Road
Alto, GA 30510
(AP18,25,MY2,9P4)

Trade Name
Georgia, Banks County
Notice is hereby given that the business operated at 149 Pottery Factory Drive, Commerce, Georgia, under the trade name of ALLTEL Cable Television is owned and carried on by Teleview, Inc., whose mailing address is One Allied Drive, Little Rock, Arkansas 72202, and that the statement relating thereto required by O.C.G.A. Section 10-1-490, has been filed with the Clerk of the Superior Court of Banks County, Georgia.
(MY2,9INV)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness evidenced by the Note (as hereinafter described), secured by a Security Deed from Victor Orr (hereinafter referred to as "Grantor") to Southeast Federal Credit Union, dated May 20, 1994, filed for record in Deed Book 87, Page 743, in the Office of the Clerk of the Superior Court of Banks County, Georgia, the undersigned, Southeast Federal Credit Union, a Georgia banking association, pursuant to said Security Deed and that certain Note dated May 20, 1994, in the original principal amount of $19,900.00 (hereinafter referred to as the "Note") has declared the entire amount of said indebtedness due and payable. Therefore, pursuant to and by virtue of the power of sale contained in the Security Deed, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door on the courthouse steps at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2001, the following described property:
All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being designated as Lot 13, Phase 2, Cotton Tail Acres, containing 6.25 acres, more or less, as shown on Plat of Survey for Victor D. Orr, prepared by Max Lewallen, RLS, dated May 13, 1994, and recorded among Banks County, Georgia Records in Plat Book 18, Page 196, reference to said plat is being made for a more full and complete description, together with all fixtures and personal property attached to and constituting a part of said property, and replacements and additions.
Together With all of the buildings, building materials, fixtures and improvements on, in and to the property and all easements, rights, rents, royalties, mineral, oil and gas rights, profits and water rights.
The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale, and all other payments provided for under the Security Deed, including permitted attorney's fees as provided in the Note and Security Deed, notice of intention to collect attorney's fees and expenses of the foreclosure having been given as provided by law and as provided by the terms of the Security Deed; and the remainder, if any, shall be applied as provided by law.
To the best knowledge and belief of the undersigned, Victor Orr is in possession of said property. Said property will be sold subject to any prior restrictive covenants, easements, rights-of-way, valid zoning ordinances, matters which would be disclosed by an accurate survey of the property or by an inspection of the property, and any liens or encumbrances superior to the Security Deed first set out above, and subject to all outstanding taxes, assessments, and utility bills which may constitute a lien against said property, whether due and payable or not yet due and payable.
Southeast Federal Credit Union, as Attorney-in-Fact for Victor Orr
By: Thomas E. Austin Jr., Attorney for Southeast Federal Credit Union
Topping & Austin, LLP
2200 Century Parkway
Suite 980
Atlanta, Georgia 30345
(404) 728-0220
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(MY9,16,23,30INV)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the powers contained in a Security Deed executed by Ruth D. House to Talbot State Bank dated May 10, 2000, which said deed is recorded in Deed Book 157, Page 238, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and by virtue of a default in the payment of the debt mentioned therein, Talbot State Bank has declared the entire amount of said indebtedness due and payable; therefore, there will be sold at auction to the highest and best bidder for cash at the Courthouse door in Banks County, Georgia, by Talbot State Bank, Attorney-in-Fact for the said Ruth D. House, between the legal hours of sale on the first Tuesday in June, 2001, the following described property, to-wit:
All that tract or parcel of land lying and being in the 465th District, G.M. Banks County, Georgia, being all of that 5.53 acres of land as shown on plat made from a survey for B.F. O'Kelley by Clelland A. Tyson, RLS, dated 12/23/77 being recorded in Plat Book 7, Page 2, Banks County Records. Said plat and recording thereof being incorporated herein by reference for a more detailed description, being part of property conveyed to Ben F. O'Kelley by Warranty Deed recorded in Deed Book Z, Page 579, Banks County, Records.
Less and Except:
All that tract or parcel of land containing 1.00 acre, more or less, in the 465th GMD of Banks County, Georgia, and bounded now or formerly as follows: Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, dated 9/18/90 for Ruth D. House and shown as Tract 2 recorded in Plat Book 16, Page 12, Banks County Records and is by reference incorporated herein as part of this description.
Said powers will be exercised and said property will be sold as the property of Ruth D. House by Talbot State Bank as Attorney-in-Fact, for the purpose of paying the indebtedness secured by said Deed to Secure Debt. The property, to the best information, knowledge and belief of the undersigned being presently in the possession of Ruth D. House. The proceeds of said sale shall be applied to the payment of the indebtedness due Talbot State Bank, and all charges and expenses in connection with this foreclosure and the balance, if any, will be applied as provided by law.
The property will be conveyed subject to outstanding ad valorem taxes and easements of record, if any.
Notice has been given of intention to collect attorney's fees in accordance with the terms of the note secured by said deed and further notice has been given in compliance with O.C.G.A. Section 44-14-162.1, et seq.
Talbot State Bank, as Attorney-in-Fact for Ruth D. House under Power of Sale contained in Security Deed recorded in Deed Book 157, page 238, Banks County, Georgia Records.
Mann & Wooldridge, P.C.
28 Jackson Street
P.O. Box 310
Newnan, Georgia 30264-0310
(770) 253-2222
(MY9,16,23,30INV)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of Power of Sale contained in the Deed to Secure Debt from Nancy H. Durrance to Peoples Financial Corporation of Marietta dated January 24, 1997, and recorded in Deed Book 114, Page 52, Banks County, Georgia Records; said Security Deed being given to secure a Note of even date in the amount of $51,470.50; there will be sold by the undersigned at Public outcry to the highest bidder for cash before the Courthouse door in Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2001, the following described property, to-wit:
All That Tract or Parcel of Land lying and being in the 207th District, G.M., Banks County, Georgia, containing 75.66 acres, more or less, and having such areas, courses, directions, dimensions, distances, metes, shapes and bounds as shown by plat made by G. Brian Slate, Surveyor, dated April 2, 1996, recorded in Plat Book 20, Page 177, Records of Banks County, Georgia, to which reference is made and the description and record thereof incorporated herein as part of this description by reference thereto.
Being a portion of the property shown as Tract 2 containing 339.25 acres, conveyed in Warranty Deed dated January 16, 1995, from James Short to Tommy Watkins Construction Company, Inc., recorded in Deed Book 93, Page 736, Records of Banks County, Georgia, and Deed Book 308, Page 785, Records of Franklin County, Georgia.
The debt secured by said Note, and Security Deed has been and is hereby declared due because of non-payment of the installments of said Note. The debt remaining in default, this sale will be made for the purpose of paying same and all expenses of sale, including attorney's fees.
The notifications required in said Note and Security Deed required by the Laws of the State of Georgia have been given. Said property will be sold as the property of Nancy H. Durrance subject to:
a) Any outstanding ad valorem taxes and/or assessments.
b) Easements and restrictions of record.
c) Any superior liens of record.
Peoples Financial Corporation of Marietta, as Attorney-in-Fact for Nancy H. Durrance
Awtrey & Parker, P.C.
211 Roswell Street
Marietta, GA 30060
(770) 424-8000
(MY9,16,23,30INV)

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 July 1, 1997, executed by William Scogin and Laura Nation to FT Mortgage Companies, DBA Homebanc Mortgage Corp., recorded in Deed Book 118, Page 179, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $68,450.00, said Security Deed having been last assigned to Washington Mutual Bank, FA Successor in Interest by Merger 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 June, 2001, to-wit: June 5, 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, designated as Lot 9, encompassing 1.52 acres, more or less, as shown on a plat of survey entitled "Survey for Laura Nation and William Scogin," prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Land Surveyor No. 2629, dated June 30, 1997, and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book ___, Page ___, which said plat and recording thereof are by reference incorporated herein for a more complete and detailed description.
The aforedescribed real property is also known as 155 Loggins Road, Maysville, Georgia, according to the present system of numbering houses in Banks County, Georgia.
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 William Scogin and Laura Nation 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.
Washington Mutual Bank, FA Successor in Interest By Merger to Bank United, F/K/A, as Attorney-in-Fact for William Scogin and Laura Nation
David W. Adams, Esquire
Ellis, Painter, Ratterree & Bart LLP
Post Office Box 9945
Savannah, Georgia 31412-9945
(912) 233-9700
(MY9,16,23,30INV)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from Katie Chambers and James Chambers to National City Mortgage Co., dba Commonwealth United Mortgage Company, dated March 16, 2000, recorded in Deed Book 155, Page 62, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Sixty-Five Thousand Four Hundred Forty and 00/100 Dollars ($65,440.00) with interest thereon as provided for 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 June 2001, the following described property:
All that tract or parcel of land lying and being in 208th District, G.M., Banks County, Georgia, containing 2.00 acres, more or less, as shown on a plat of survey entitled "Survey for Katie Chambers and James Chambers," prepared by Ingram, Lord & Associates, certified by Barry D. Lord, Georgia Registered Surveyor No. 2641, dated August 25, 1998 and being of record in the Office of the Clerk of Superior Court for Banks County, Georgia in Plat Book 23, Page 124, Banks County Records, which plat is made a part hereof by reference and being improved property known as 211 Stevens Road, Commerce, Georgia 30547 according to the present system of numbering property in Banks County, Georgia.
Said property is commonly known as 211 Stevens Road, Commerce, GA 30530.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney's fees, and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Katie Chambers and James Chambers or tenant(s).
National City Mortgage Co, DBA Commonwealth United Mortgage Company, as Attorney-in-Fact for Katie Chambers and James Chambers
Contact: Eddie Aziz (Ext. 115)
Morris, Schneider & Prior, L.L.C.
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 078.015592\EAA
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(MY9,16,23,30B/815 6000; Chambers; 078.015592\EAA)

Citation
Probate Court of
Banks County
In the Matter of Autumn Brianna Cox, Minor
Re: Petition of Delores Arlene Jessee for Appointment As Temporary Guardian of the Person
To: Unknown father of Autumn Brianna Cox
All objections to the Petition described above must be in writing, setting forth the grounds of any such objections, and must be filed with this Court no later than the close of business 14 days after this notice is mailed or 10 days after this notice is first published or served by the sheriff upon the recipient, whichever is later.
This 2nd day of May, 2001.
Witness, the Honorable Betty Thomas
By: Kathy Hill, Clerk of the Probate Court
(MY9,16P2)

Inc. Notice
Notice is given that Articles of Incorporation, which will incorporate Data Survival, 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 2160 Damascus Road, Homer, Georgia 30547, and its initial registered agent at such address is Jerry Boling.
(MY9,16P2)

Inc. Notice
Notice of Intent
to Incorporate
Notice is given that Articles of Incorporation, which will incorporate Oregon Land Company, will be delivered to the Secretary of State of Georgia for filing in accordance with Georgia Business Corporation Code (O.C.G.A. Sec. 14.2-201.1).
The initial registered office of the corporation will be located at 180 Oak Ridge Drive, Maysville, Georgia 30558, and its initial registered agent at such address is Laverne Jordan Bennett.
(MY9,16P2)

Citation
Probate Court of
Banks County
Re: Petition of Guardian for Leave to Sell Property at Private Sale
To: Nickolas A. Hunter, Incapacitated Adult, Ward
Emily Fountain Hunter, as your guardian, has filed a petition to sell real and/or personal property of your estate. This is to notify you that you must file your response to the petition with the Court by the later of: (a) ten days from the date the petition and Citation are personally served upon you or are delivered to you by a member of the staff of the institution in which you are confined; or (b) thirty days from the date copies of the petition and Citation were mailed to you by certified or registered mail, as shown by the certificate attached hereto; or (c) thirty days from the date copies of the petition and Citation were served upon the guardian ad litem, as shown by the certificate attached hereto. 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 June 4, 2001 or scheduled for a later date. If no objection is filed, the petition may be granted without a hearing.
This 4th day of May, 2001.
Judge of the Probate Court
By: Kathy Hill, Clerk, Probate Court
(MY9,16,23,30P4)

Citation
Probate Court of
Banks County
Re: Petition of Guardian for Leave to Sell Property at Private Sale
To: Tracy Hunter, A Minor, Ward
Emily Fountain Hunter, as your guardian, has filed a petition to sell real and/or personal property of your estate. This is to notify you that you must file your response to the petition with the Court by the later of: (a) ten days from the date the petition and Citation are personally served upon you or are delivered to you by a member of the staff of the institution in which you are confined; or (b) thirty days from the date copies of the petition and Citation were mailed to you by certified or registered mail, as shown by the certificate attached hereto; or (c) thirty days from the date copies of the petition and Citation were served upon the guardian ad litem, as shown by the certificate attached hereto. 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 June 4, 2001 or scheduled for a later date. If no objection is filed, the petition may be granted without a hearing.
This 4th day of May, 2001.
Judge of the Probate Court
By: Kathy Hill, Clerk, Probate Court
(MY9,16,23,30P4)


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