Banks County Legal Advertisements...

June 27, 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
Whereas, on May 14, 1980, for value received, Marvin Jackson and Roberta D. Jackson executed and delivered to the United States of America, acting through the United States Department of Agriculture, 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 for Banks County, Georgia, in Book #21, Page #46; and
Whereas, the United States of America now holds the above described security deed covering the said real estate; and
Whereas, the Deed to Secure Debt held by the United States of America provides that should default occur, the holder may declare the entire indebtedness secured by the Deed to Secure Debt due and payable and, in compliance with the power of sale provisions contained in said security deed proceed to sell the property at public outcry; and
Whereas, after default, the United States of America has declared all of the indebtedness secured by the Deed to Secure Debt due and payable and hereby certifies that it has complied with all of its loan servicing regulations;
Now, Therefore, the said United States of America, acting as aforesaid, under and in compliance with the power of sale provision contained 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, during the legal hours of sale, on the 3rd day of July, 2001, the following-described property conveyed in the Deed to Secure Debt, to-wit:
All that tract or parcel of land lying and being in Hollingsworth District, G.M., Banks County, Georgia, consisting of .43 acres, and being known and designated as Lot 1 of property of Clifford E. Smith and Maxine R. Smith, all as more fully shown by plat of survey by Hubert Lovell, Ga. Reg. No. 1553, dated February 22, 1980, recorded in Plat Book 8, Folio 18, in the office of the Clerk of Superior Court Banks County, Georgia, and being more particularly described as follows:
Beginning at a concrete monument and iron pin on the Northwesterly margin of right-of-way of Mountain View Church Road, at a point common to lands herein conveyed, said right-of-way, and lands now or formerly of Rome Kraft Company; thence South 58° 17' West 16.1 feet along said right-of-way to a point; thence South 66° 56' West 64.0 feet along said right-of-way to a point; thence South 58° 45' West 64.7 feet along said right-of-way to an iron pin; thence North 33° 53' West 183.8 feet along Lot 2 to an iron pin; thence North 67° 19' East 70.7 feet along Lot 4 to an iron pin; thence South 55° 42' East 200.0 feet along lands now or formerly of Rome Kraft Company to the iron pin point of beginning, said plat being referred to and incorporated herein for a more complete description.
The above described property will be sold subject to any and all outstanding real estate taxes that are due and payable.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the United Sates of America, be cause for rejection of the bid, and, if the bid is rejected, the United States of America shall have the option of making the sale to the next highest bidder who is ready, willing and able to comply with the terms thereof. The proceeds of said sale will first be applied to the payment of the indebtedness to the United States of America, other charges, and the expenses of sale, as provided in the above-described Deed to Secure Debt.
This the 18th day of May, 2001.
United States of America
By: F. Stone Workman, State Director
Rural Development, Successor in Interest to the Farmers Home Administration and Rural Economic and Community Development, U.S. Department of Agriculture
(JU6,13,20,27INV)

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 Doug Willhouse and Regina Willhouse to Mickey's Drywall Service, Inc. and Mary Cantrell, dated November 18, 1995, recorded in Deed Book 106, Pages 425-426, Banks County, Georgia Records, conveying the after-described property to secure a note in the original principal amount of Thirty-four thousand dollars ($34,000.00), 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 July, 2001, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, being Lot 26 and Lot 27, Mountain Creek Subdivision, and more particularly described on a plat of survey prepared by Morrison J. Simms, Surveyor, dated February 27, 1989, said plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 14, Page 101, which said plat and the recording thereof are by reference incorporated herein for a more detailed and complete description.
Subject To restrictive and protective covenants of record at Deed Book 106, Pages 425-426, Banks County Deed Records.
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 parties in possession of the property are Doug Willhouse and Regina Willhouse, and said property is more commonly known as Lot 26 and Lot 27, Mountain Creek Subdivision.
Mickey's Drywall Service Inc. and Mary Cantrell, as Attorneys-in-Fact for Doug Willhouse and Regina Willhouse
N. David Wages
Attorney at Law
P.O. Box 527
Winder, Georgia 30680
(770) 867-2181
(JU6,13,20,27P4)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Whereas, heretofore on December 2, 1988, Eugene Curtis Campbell Jr., and Martha W. Campbell did execute and deliver to D. Aubrey Higgins a certain Deed to Secure Debt recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 52, Page 69, conveying the following described property located at Mocassin Gap Road, Banks County, Georgia, to-wit:
All that tract or parcel of land lying and being in the G.M.D. 912 of Banks County, Georgia, consisting of 14.88 acres, being shown as Lot 23 of Riverwood Phase One on Plat of Survey dated March 9, 1987, prepared by Albert M. Wynn Jr., Registered Surveyor. Said plat is recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 12, Page 178. Said plat is hereby incorporated herein by reference and made a part of the property description.
The above described land will be sold subject to first mortgage held by Community Bank and Trust.
Whereas, the Note secured by said Deed to Secure Debt has become in default as to payment of the principal of interest and D. Aubrey Higgins has given notice of his intention to foreclose said Deed to Secure Debt and claim attorney's fees as provided in said Note and Deed to Secure Debt.
Now, Therefore, according to the terms of said Deed to Secure Debt and the laws in such cases made and provided, the undersigned will expose for sale to the highest and best bidder, for cash, the above-described land, after proper advertisement, on the first Tuesday in July, 2001, between the legal hours of sale before the courthouse door in Homer, Banks County, Georgia. The proceeds from said sale will be used first to pay the costs and expenses of said sale, second to pay the indebtedness secured by said Deed to Secure Debt, and the balance, if any, delivered to the persons legally entitled thereto.
This 1st day of June, 2001.
By: D. Aubrey Higgins
Post Office Box 1
Cornelia, Georgia 30531
(JU6,13,20,27P4)

Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia
Banks County
Because of default in the payment of the indebtedness secured by a Deed to Secure Debt executed by Horace Elliott, Grantor, to Robert Russell and William Russell, Grantees, dated September 16, 1998, recorded in Deed Book 134, Page 453, in the Office of the Clerk of Superior Court, Banks County, Georgia, the undersigned has declared the entire amount of said indebtedness due and payable and pursuant to the Power of Sale contained in said deed, will on the first Tuesday in July, 2001, during the legal hours of sale at the Courthouse door in Banks County, sell at public outcry to the highest and best bidder for cash, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.31 acres more or less, designated as Lot 4A of the Glenfield Farms Subdivision, as more particularly shown on a plat of survey prepared for Robert C. Russell by Max Lewallen, Registered Surveyor, dated March 30, 1998, recorded at Plat Book 22, Page 197, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
The sale will be held subject to any outstanding and unpaid taxes and/or easements and/or restrictive covenants appearing of record.
Notice has been given of intention to collect attorney's fees in accordance with the terms of the note secured by said Deed. Said property will be sold as the property of Horace Elliott, and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said Deed, the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Deed to Secure Debt.
Robert Russell and William Russell, as Attorneys-in-Fact for Horace Elliott
Wanda Barnett David
P.O. Box 99
Jefferson, Georgia 30549
(706) 367-8030
(JU6,13,20,27B/783 4000)

Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia
Banks County
Because of default in the payment of the indebtedness secured by a Deed to Secure Debt executed by Donna Osborn, Grantor, to Eugene Montgomery and Shirley Montgomery, Grantees, dated September 12, 2000, recorded in Deed Book 161, Pages 531-532, in the Office of the Clerk of Superior Court, Banks County, Georgia, the undersigned has declared the entire amount of said indebtedness due and payable and pursuant to the Power of Sale contained in said deed, will on the first Tuesday in July, 2001, during the legal hours of sale at the Courthouse door in Banks County, sell at public outcry to the highest and best bidder for cash, the following described property:
All that tract or parcel of land lying and being in the 207th G.M., District, of Banks County, Georgia, located off GA Hwy. 59, being bounded now or formerly as follows: North by Tracts #21-B, 21-C, 21-D, 21-E, and County Dirt Road, East by Tract #19 of Louise Martin Brown, South by lands of Bond and West by Farmer. Said tract of land is particularly described as Tract #21-A, containing 3.96 acres, more or less, as shown on a plat prepared by Max Lewallen, Registered Surveyor, on April 19, 1983, recorded in Plat Book 9, Page 118, in Banks County, Georgia Records which plat and records are by reference incorporated herein as part of this description. Including all the improvements thereon including well and septic tank and drive way, landscaping and mobile home that are there.
The sale will be held subject to any outstanding and unpaid taxes and/or easements and/or restrictive covenants appearing of record.
Notice has been given of intention to collect attorney's fees in accordance with the terms of the note secured by said Deed. Said property will be sold as the property of Donna Osborn, and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said Deed, the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Deed to Secure Debt.
Eugene Montgomery and Shirley Montgomery, as Attorney-in-Fact for Donna Osborn
Wanda Barnett David
P.O. Box 99
Jefferson, Georgia 30549
(706) 367-8030
(JU6,13,20,27B/783 4000)

Wright Estate
Notice to Debtors
and Creditors
All creditors of the estate of Marion Wright, 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 29th day of May, 2001.
Larry Grizzle, Executor/Administrator
P.O. Box 533
Commerce, GA 30529
(JU13,20,27,JY4P4)

Bonds Estate
Notice to Debtors
and Creditors
State of Georgia
County of Habersham
All creditors of the Estate of Roy Bonds, deceased, 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.
This 12th day of June, 2001.
William R. Oliver, Georgia State Bar No. 552725 on behalf of Clifton Bonds
P.O. Box 1226
Cornelia, GA 30531
(706) 778-2411
(JU20,27,JY4,11P4)

Notice
In the Superior Court
of Banks County
State of Georgia
Peggy Cothran, as Executor of Estate of Henry Doyle Williams, Plaintiff vs. Peggy Cothran, as Personal Representative of the Estate of Louise Hart, and All The World, Defendant
Re: All that tract or parcel of land lying and being in the 1580th G.M.D., and in Land Lot 185 of the 10th Land District, City of Baldwin, Banks County, Georgia, and being more particularly described as follows: Beginning at an iron pin found located South 25 degrees 39 minutes 35 seconds East 258.24 feet from an iron pin found located on the east right-of-way of Park Avenue in the City of Baldwin (which pin ties to and is located South 01 degrees 23 minutes East 153.8 feet from the intersection of the centerlines of Park Avenue and Gainesville Highway) and running thence North 62 degrees 08 minutes 25 seconds East 50.00 feet to an iron pin set; running thence South 50 degrees 02 minutes 55 seconds East 98.00 feet to an iron pin set; running thence South 49 degrees 22 minutes 15 seconds West 10.00 feet to an 18" hickory tree; running thence South 49 degrees 22 minutes 15 seconds West 80.00 feet to an iron pin found; running thence North 27 degrees 27 minutes 50 seconds West 110.64 feet to the point of beginning; and consisting of 0.16 acre more or less; and being more particularly described in a plat of survey by Max Lewallen for the Doyle Williams Estate, which plat and its metes and bounds are incorporated herein as if set fully forth herein.
This is to give notice that the above-referenced lawsuit was filed on October 3, 2000, with reference to the described real estate. Such lawsuit seeks to establish the Plaintiff's complete title and ownership of the property pursuant to Title 23, Chapter 3, Article 3 of the Official Code of Georgia Annotated. Any person having an interest in such property shall file a response to this action within 60 days of the date of order for service by publication which was June 8th, 2001.
This 11th day of June, 2001.
Sean A. Black
(JU20,27,JU411P4)

Citation
Probate Court of
Banks County
In the Matter of Ashley Lynn Dyer, Minor
Re: Petition of Lynn Faulkner for Appointment as Temporary Guardian of the Person
To: Ray Dyer
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 20 day of June, 2001.
Witness, the Honorable Betty Thomas
By: Kathy Hill, Clerk, Probate Court
(JU27,JY4P2)

Citation
Probate Court of
Banks County
In the Matter of Matthew Dyer, Minor
Re: Petition of Lynn Faulkner for Appointment as Temporary Guardian of the Person
To: Ray Dyer
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 20 day of June, 2001.
Witness, the Honorable Betty Thomas
By: Kathy Hill, Clerk, Probate Court
(JU27,JY4P2)

Grimes Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of George H. Grimes, 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 14th day of June, 2001.
Susan B. Grimes, Executor/Administrator
253 McDonald Cir.
Commerce, GA 30529
(JU27,JY4,11,18P4)


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