Banks County Legal Advertisements...

July 18, 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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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)

Waters Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Billy Lamar Waters, 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 25th day of June, 2001.
Barbara E. Waters, Executor/Administrator
111 Sol Drive
Commerce, GA 30529
(JY4,11,18,25P4)

Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed to Secure Debt executed and delivered by Donna L. Simmons to Community Bank and Trust-Jackson, dated April 13, 1999, and recorded in Deed Book 142, Page 467, Banks County, Georgia Records, and recorded securing a note of even date, and any other present or future indebtedness, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney-in-Fact for the said Donna L. Simmons, as provided in said Deed to Secure Debt, between the hours of 10:00 a.m. and 4:00 p.m. Eastern Time, on the first Tuesday in August, to-wit; August 7, 2001:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 0.246 acres, more or less, as more particularly shown on a plat of survey prepared for Phi-Delta Masonic Lodge #148 by Eddie A. Borders, Registered Surveyor, dated July 23, 1976, recorded in Plat Book 8, Page 150, 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. Said property is bounded on the North and East by lands now or formerly of Garrison Bros.; on the South by lands now or formerly of Chambers; and on the West by U.S. Highway 441 (100 foot right of way).
Deed Reference: Deed Book 116, Page 328, Banks County, Georgia Records.
The debt secured by said Deed to Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of Donna L. Simmons, by the undersigned, as Attorney-in-Fact for the said Donna L. Simmons.
Said property shall be sold subject to any and all outstanding easements and right-of-way, restrictions of record, if any, and to all unpaid taxes and assessments.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney's fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent), and the balance, if any, shall be applied as provided in said Deed to Secure Debt. Proper conveyance will be made to the purchaser at the sale by the undersigned acting as Attorney-in-Fact for the said Donna L. Simmons.
This 5th day of July, 2001.
Community Bank and Trust, As Attorney-in-Fact for Donna L. Simmons
Allen L. Lacey, Jr.
Attorney at Law
P.O. Box 356
Commerce, Georgia 30529
(706) 335-7886
(JY11,18,25,AU1B/218 5000)

Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed to Secure Debt executed and delivered by Donna L. Simmons, F/K/A Donna L. Sheridan to Community Bank and Trust-Jackson, dated September 18, 1997, and recorded in Deed Book 120, Page 366, Banks County, Georgia Records, and recorded securing a note of even date, and any other present or future indebtedness, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney-in-Fact for the said Donna L. Simmons, F/K/A Donna L. Sheridan, as provided in said Deed to Secure Debt, between the hours of 10:00 a.m. and 4:00 p.m. Eastern Time, on the first Tuesday in August, to-wit; August 7, 2001:
All that tract or parcel of land lying and being in the 448th District, G.M., Banks County, Georgia, and being that 5.012 acres, more or less, as more particularly shown on a plat of survey prepared for William Green by Roy A. Terrell, Registered Surveyor, dated July 2, 1984, recorded at Plat Book 10, Page 71, 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. Said property is bounded on the North by lands of David A. Green and William Green; on the East by lands of William Green; on the South by County Dirt Road; and on the West by lands of William Green.
The debt secured by said Deed to Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of Donna L. Simmons, F/K/A Donna L. Sheridan, by the undersigned, as Attorney-in-Fact for the said Donna L. Simmons, F/K/A Donna L. Sheridan.
Said property shall be sold subject to any and all outstanding easements and right-of-way, restrictions of record, if any, and to all unpaid taxes and assessments.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney's fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent), and the balance, if any, shall be applied as provided in said Deed to Secure Debt. Proper conveyance will be made to the purchaser at the sale by the undersigned acting as Attorney-in-Fact for the said Donna L. Simmons, F/K/A Donna L. Sheridan.
This 5th day of July, 2001.
Community Bank & Trust, As Attorney-in-Fact for Donna L. Simmons, F/K/A Donna L. Sheridan
Allen L. Lacey, Jr.
Attorney at Law
P.O. Box 356
Commerce, Georgia 30529
(706) 335-7886
(JY11,18,25,AU1B/218 5000)

Ward Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of JD Ward, 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 2nd day of July, 2001.
Pat Ward, Executor/Administrator
2251 GA Hwy. 198
Baldwin, GA 30511
(JY11,18,25,AU1P4)

Eterno Estate
All Creditors of the estate of the estate of Joseph Eterno, 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 18th day of July, 2001.
Jennifer Hinson, Executor/Administrator
219 Scott Avenue
Cornelia, GA 30501
(JY18,25,AU1,8P4)

Rucker Estate
Notice to Debtors
and Creditors
State of Georgia
County of Banks
In Re: Opal Belle Rucker, Deceased
All Creditors of the estate of Opal Belle Rucker, deceased, late of Banks County, Georgia, are hereby notified to render their demands to the undersigned according to the law, and all persons indebted to said estate are required to make immediate payment to me.
This 5th day of July, 2001.
Bobby G. Rucker, et al
Administrator of Opal Belle Rucker, Deceased
186 Rucker Road
Commerce, Georgia 30529
(JY18,25,AU1,8P4)

Inc. Notice
Notice is given that the Articles of Incorporation, which incorporate Banks County Convention & Visitors, Inc., have been delivered to the Secretary of State for filing in accordance with the Georgia Non-Profit Corporation Code. The initial registered office of the corporation is located at 1999 Pottery Factory Drive, Commerce, GA 30529, and its initial registered agent at such address is Sherry Ward.
(JY18,25P2)

Notice of Sale
State of Georgia
Banks County
By virtue of a Power of Sale contained in the Security Deed from Charles Millican to Alliance Funding, a division of Superior Bank, FSB, dated 9/29/00, and recorded 10/12/00, in Deed Book 163, Page 286, Banks County, Georgia Records, securing subject property with a note of that date in the original principal amount of Sixty Three Thousand Three Hundred Thirty Seven Dollars ($63,337.00), with interest on the unpaid balance until paid, having the address of 207 Amber Lane, Commerce, Georgia. Having last been transferred and assigned to La Salle Bank National Association, as Indenture Trustee under the Indenture dated as of 10/1/00, series 2000-3, Deed Book __, Page __, said county records, further described in Schedule A & B, below, will be sold at public outcry to the highest bidder for cash before the courthouse door of said county, within 10:00 a.m. to 4:00 p.m., the legal hours of sale on the first Tuesday in August, 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).
La Salle Bank National Association, as Indenture Trustee under the Indenture dated as of 10/1/00, Series 2000-3, Attorney-in-Fact for Charles Millican
Pleska & Associates, LLC
900 Circle 75 Parkway
Suite 210
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 GMD 207 of Banks County, Georgia, being Tract 49-A, consisting of 2.38 acres, as shown on plat of survey for David Fuller, prepared by Jeff Weshner, RLS, dated September 21, 1998, and recorded in Plat Book 24, Page 72, records of Banks County, Georgia, which plat is incorporated herein by reference.
Together with the right of ingress and egress to the above described property by means of the 60 foot access easement as shown on the above described plat. Said 60 foot access easement strip being reserved in Warranty Deed to Georgia-Pacific Corporation recorded in Deed Book 105, Page 732, Banks County records.
Schedule B
(1) 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.
(2) 2000 Horton Mirage Manufactured Home 24x60, Serial #H87261GLR, 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.
(JY11,18,25,AU1INV)

Advertisement
for Bids
Department of Transportation
State of Georgia
Federal Project No.
LAR31-228-2(11) 01,
LAU31-8530-47(11) 01,
LAR31-101-2(119) 01,
and Others
Banks, Franklin Counties
Sealed proposals for furnishing all labor, material, equipment and other things necessary for the following work will be received by the undersigned at the general office of the Department of Transportation, 2 Capitol Square, Atlanta, Georgia, 30334, until 11:00 a.m., July 27, 2001, and publicly opened.
5.320 miles of plant mix resurfacing on various streets in Alto, Homer, Canon, Carnesville, Franklin Springs, Lavonia and Royston; also includes various county roads.
Contract Time: 06/30/02; Proposal Guaranty: 5%; District Office: Gainesville; Price of Plans: None; DBE: 0.00
Plans and specifications may be inspected at the general office in Atlanta and the district office indicated. Copies of the standard specifications ($20.00), the proposal form ($10.00), and the plans (indicated price) may be obtained from the state transportation office engineer at the general office in Atlanta, telephone number (404) 656-5293. Payment of the correct amount must be made within 30 days of billing; such payments are not refundable.
Payment will be made to the contractor each calendar month based on the estimated work complete in place as prescribed by the standard specifications.
The state reserves the right to reject any or all bids.
J. Tom Coleman, Jr., Commissioner, Department of Transportation
(JY11,18B/271 3000)

Advertisement
for Bids
Department of Transportation
State of Georgia
Federal Project No.
NHS-M001-00(027) 01
Banks, Barrow, Gwinnett, Jackson Counties
Sealed proposals for furnishing all labor, material, equipment and other things necessary for the following work will be received by the undersigned at the general office of the Department of Transportation, 2 Capitol Square, Atlanta, Georgia, 30334, until 11:00 a.m., July 27, 2001, and publicly opened.
23.970 miles of milling, inlay and plant mix resurfacing on I-85 beginning south of SR 211 and extending south of SR 15/US 441. (FOS)
Contract Time: 09/30/02; Proposal Guaranty: 5%; District Office: Gainesville; Price of Plans: None; DBE: 5.00
Plans and specifications may be inspected at the general office in Atlanta and the district office indicated. Copies of the standard specifications ($20.00), the proposal form ($10.00), and the plans (indicated price) may be obtained from the state transportation office engineer at the general office in Atlanta, telephone number (404) 656-5293. Payment of the correct amount must be made within 30 days of billing; such payments are not refundable.
Payment will be made to the contractor each calendar month based on the estimated work complete in place as prescribed by the standard specifications.
The state reserves the right to reject any or all bids.
J. Tom Coleman, Jr., Commissioner, Department of Transportation
(JY11,18B/271 3000)

Notice
Georgia, Banks County Probate Court
Jeanette Armour has petitioned to be appointed Administrator of the estate of Ora Wade, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 6, 2001. If any objections are filed, a hearing will be held on August 6, 2001, at 10:00 a.m. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk, Probate Court
(JY11,18,25,AU1P4)

Public Hearing
Notice of Public Hearing
Please take notice that the following application has been received by the Banks County Planning Office:
Z-01-07 - Application by Richard and Sylvia Price for rezoning of .79 acres located at 2334 Apple Pie Ridge Road from ARR, Agricultural, Rural-Residential to C-2, General Commercial. Proposed Use: Hobby Shop.
The above application is on file in the office of the Banks County Planning Commission and is available for public review.
The Banks County Planning Commission will hold a public hearing on the matter on Tuesday, August 7, 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 matter on Tuesday, August 14, 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 18th day of July, 2001.
(JY18B/069 2000)


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