Banks County Legal Advertisements...

May 16, 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
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
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 22, Page 36, 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)

Public Hearing
Notice of Public Hearing
Please take notice that the following proposed resolutions have been received by the Banks County Planning Office:
A Resolution to amend Article XI of the Zoning Resolution of Banks County, Georgia, entitled "Amendment, Application and Procedural Requirements," Section 1101, Entitled "Policies and Procedures"; To provide for special conditions for zoning map amendments, conditional use permits and variances; To provide for an effective date; To repeal conflicting ordinances and resolutions, and for other purposes.
A Resolution to amend Article XI of the Zoning Resolution of Banks County, Georgia, entitled "Amendment, Application and Procedural Requirements," Section 1105, entitled "Criteria to Consider Conditional Uses"; To provide for special consideration for Special Use Permits; To provide for an effective date; To repeal conflicting ordinances and resolutions, and for other purposes.
A Resolution to Amend Article X of the Zoning Resolution of Banks County, Georgia entitled "M-1, Industrial District" so as to provide for Permitted Uses; To provide for Conditional Uses; To provide for minimum setbacks; To provide for an effective date; To repeal conflicting ordinances and resolutions, and for other purposes.
An Ordinance to provide for the posting of a cash bond by any individual or entity engaged in pulpwood, logging, or timber operations in Banks County, Georgia; To provide for the repair of roadways, ditches and bridges damaged by pulpwood, logging, or timber operations; To provide for the forfeiture of cash bonds for failure to repair roadways, ditches, and bridges damaged by pulpwood, logging, or timber operations; To provide for an administrative fee; To provide that tracts of land of two acres or less are exempt from the requirements of a cash bond; To provide that cash bonds are non-transferable; To provide that each pulpwood, logging, or timber operation must have a separate cash bond; To provide penalties for violations; To provide for an effective date; To repeal conflicting ordinances and resolutions and for other purposes.
The above resolutions are on file in the office of the Banks County Planning Commission and are available for public review.
The Banks County Planning Commission will hold a public hearing on the matters on Tuesday, June 5, 2001 at 7 p.m. in the courtroom located at the Banks County Courthouse in Homer, Georgia.
The Banks County Commissioners will hold a public hearing on the matters on Tuesday, June 12, 2001 at 7 p.m. in the courtroom at the Banks County Courthouse in Homer, Georgia.
Interested persons are invited to appear and comment.
This 16th day of May, 2001.
(MY16B/069 5000)

Advertisements
for Bids
Town of Homer
P.O. Box 146, 135 US Highway 441 North
Homer, GA 30547
Separate Sealed Bids for the "Evans Street Grading and Paving Improvements in the Town of Homer," will be received by the Town of Homer at the Clerk's Office, 135 US Highway 441 North, P.O. Box 146, Homer, GA 30547 until 2:00 p.m., May 25, 2001 and then publicly opened and read aloud at Town Hall, 1003 US Highway 441 South, Homer, Georgia. The project includes approximately 2,200 lf of street grading and paving for the Town of Homer. The project is being performed using DOT funding and funding from the Town of Homer.
The Contract Documents, consisting of Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Agreement, General Conditions, Supplemental General Conditions, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Change Order, Certificate of Substantial Completion, Drawings, Specifications, and Addenda may be examined at the following locations:
Town of Homer
P.O. Box 146, 135 US Highway 441 North
Homer, GA 30547
Dodge Plan Room
4170 Ashford Dunwoody Road N.E., Suite 200
Atlanta, GA 30319
AGC/Builders Exchange Plan Room
1940 The Exchange, Suite 300
Atlanta, GA 30339
Construction Market Data
330 Research Court, Suite 100
Norcross, GA 30092
Armentrout Roebuck Matheny Consulting Group, P.C.
OakBrook Corporate Campus
330 Research Drive, Suite 240
Athens, GA 30605
Copies of the Contract Documents may be obtained at the office of Armentrout Roebuck Matheny Consulting Group, P.C. OakBrook Corporate Campus, Suite 240, 330 Research Drive, Athens, Georgia 30605; telephone 706/548-8211, at no cost. Bids will be received from registered plan holders only.
A Bid Bond for 5% of the amount of the bid must be submitted with the proposal. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required.
The Owner reserves the right to reject any and all bids if it appears in his best interest to do so.
Date: April 24, 2001
Official: Town of Homer
Leon Ray, Mayor
(MY2,16B/173 4000)

Mulkey Estate
Notice of Debtors
and Creditors
All Creditors of the Estate of Millard Mulkey, 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 3rd day of May, 2001.
Bob Mulkey, Executor/Administrator
4413 Redwood Street
Doroville, GA 30360
(MY16,23,30,JU6INV)

Inc. Notice
Notice of Incorporation
Notice is given that Articles of Incorporation that will incorporate Innovative Outdoors Inc. have been delivered to the Secretary of State for filing in accordance with Georgia Business Corporation Code. The initial registered office of the corporation is located at 647 Highway 51, North, Homer, Georgia, and its initial registered agent at such address is Patricia Haynes.
(MY16,23P2)


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