Banks County Legal Advertisements...

September 12, 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 Election
TO THE QUALIFIED VOTERS OF BANKS COUNTY SCHOOL DISTRICT, GEORGIA:
NOTICE IS HEREBY GIVEN that on the 18th day of September, 2001, an election will be held at the regular polling places in all the election districts of the Banks County School District, Georgia (which embraces all of Banks County), at which time there will be submitted to the qualified voters of Banks County for their determination the question of whether a sales and use tax of one percent shall be continued on all sales and uses in Banks County for a period of time not to exceed 20 calendar quarters, commencing upon the expiration of the one percent sales and use tax currently being levied in Banks County, to raise not more than $16,000,000, the proceeds of such tax is to be used for the purposes of providing funds to pay or to be applied toward the cost of (i) the acquisition, construction, equipping and furnishing of a new middle school and other school buildings and facilities, (ii) the acquisition, construction, equipping and furnishing of a high school athletic complex, (iii) adding to, renovating, improving and equipping existing school buildings and facilities, (iv) acquiring new school equipment, and (v) acquiring any property necessary or desirable therefor, both real and personal (the "Projects"), the maximum cost of the Projects to be funded from the proceeds of such tax not to exceed $16,000,000.
If the continuation of such tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of the Banks County School District (which may be in the form of notes, bonds or a loan) in an aggregate principal amount of $12,050,000 (the "Debt"). The proceeds of the Debt, if issued, shall be used to pay all or a portion of the costs of the Projects, capitalized interest on the Debt through October 1, 2002 and the costs of issuing the Debt.
The Debt, if so authorized, may be issued by Banks County School District in whole or in part and in one or more series and shall bear interest from the first day of the month during which the Debt is to be issued or from such other date as may be designated by the Banks County School District prior to the issuance of the Debt, at a rate or rates not to exceed 6.0% per annum, payable semiannually on the first days of April and October in each year, commencing October 1, 2002, and the amount of principal to be paid on October 1 in each year during the life of such debt shall be as follows:
Date Amount
2003 $2,065,000
2004 2,305,000
2005 2,455,000
2006 2,550,000
2007 2,675,000
The principal and interest on the Debt is expected to be paid from proceeds of the sales and use tax and shall be payable in lawful money of the United States of America at a paying agent bank which will be designated by the Board of Education of Banks County prior to the issuance of the Debt.
Any brochures, listings or other advertisements issued by the Board of Education of Banks County or by any other person, firm, corporation or association with the knowledge and consent of the Board of Education of Banks County shall be deemed to be a statement of intention of the Board of Education of Banks County concerning the use of the proceeds of the Debt.
The ballots to be used at such election shall have written or printed thereon substantially the following:
( ) Yes
( ) No
Shall a special one percent sales and use tax be continued in Banks County for a period of time not to exceed 20 calendar quarters, commencing upon the expiration of the special one percent sales and use tax currently being levied in Banks County, and for the raising of not more than $16,000,000 for the purposes of providing funds to pay or to be applied toward the cost of (i) the acquisition, construction, equipping and furnishing of a new middle school and other school buildings and facilities, (ii) the acquisition, construction, equipping and furnishing of a high school athletic complex, (iii) adding to, renovating, improving and equipping existing school buildings and facilities, (iv) acquiring new school equipment, and (v) acquiring any property necessary or desirable therefor, both real and personal, the maximum cost of such projects to be funded from the proceeds of such tax not to exceed $16,000,000? If the continuation of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of Banks County School District in the principal amount of $12,050,000 for the above purposes, including capitalized interest through October 1, 2002.
The several places for holding said election shall be at the regular and established voting precincts of the election districts of Banks County, Georgia, and the polls will be open from 7:00 a.m. to 7:00 p.m. on the date fixed for the election.
The last day to register to vote in this election shall be August 20, 2001, through 5:00 p.m.
Those residents of Banks County qualified to vote at such election shall be determined in all respects in accordance with the election laws of the State of Georgia.
This notice is given pursuant to a resolution of the Board of Education of Banks County and an order of the Judge of the Probate Court of Banks County.
Neal Brown, Chairman, Board of Education of Banks County
Betty Thomas, Judge of the Probate Court of Banks County
(AU8,15,22,29,SE5,12B/072 10000)

Purdy Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of William B. Purdy, 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 6th day of August, 2001.
James Purdy, Executor/ Administrator
530 Wheeler Circle
Alto, GA 30510
(AU22,29,SE5,12P4)

Purdy Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Monteen R. Purdy, 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 6th day of August, 2001.
James Purdy, Executor/Administrator
530 Wheeler Circle
Alto, GA 30510
(AU22,29,SE5,12P4)

Tyler Estate
Notice to Debtors and Creditors
All creditors of the estate of Samuel Raymond Tyler, 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 20th day of August 2001.
Dorothy L. Tyler
Executor/Administrator
168 Tyler Road
Gillsville, Ga. 30543
(AU29,SE5,12,19,P4)

Name Change
Notice
State of Georgia
Banks County
Notice is hereby given that Teresa Carol Mullis, the undersigned, has filed her Petition to the Superior Court of Banks County on the 17th day of August, 2001, praying for a change in name for Ivy Justine Woods to Ivy Justin Mullis, and Notice is hereby given to any interested or affected party to be and appear in said matter, in the said Court, on or before 9:00 o'clock a.m. on the 19th day of September, 2001, at which time all objections to the granting of the relief prayed for must be filed in said Court.
This 17th day of August, 2001.
Tim Harper, Clerk of Court
Banks County
(AU29,SE5,12,19,P4)

Notice
In the Superior Court
of Banks County
State of Georgia
Anita Buffington, Dannie Kidd, Varneckas Kidd and Lisa J. Pierce, Individually and As Administrator of the Estate of J.D. Kidd, Plaintiffs vs. Raymond and Pauline Parks, Ferd Sanders, John and Pearl Day, Donald Wilson, William Corn, Boyd Jones, and All Persons Unknown Who Claim or Might Claim Adversely to Plaintiff's Title, 24.12 Acres, Banks County, Georgia, Defendants
Civil Action File No. 00-CV-54M
To: Boyd Jones and Any and All Other Persons Known or Unknown
You are hereby notified that the above-styled action seeking to establish title to the below described property against all the world was filed on the 9th day of February, 2000, in the Superior Court of Banks County, Georgia, and that by reason of order for service by publication entered by said Court on the 6th day of August, 2001, you are hereby commanded to be and appear at said court within 30 days of the date of the order for service by publication to answer said petition and file pleadings before the court. Property described Exhibit "A."
Witness, the Honorable T. Penn McWhorter, Judge of said court.
This the 13 day of August, 2001.
June Westbrook, Clerk of Court, Deputy Clerk
Exhibit "A"
All that tract or parcel of land situated, lying and being in 1464 GMD, Banks County, Georgia, being shown and delineated on a plat of survey prepared for the Estate of Jervisese Daniel Kidd by Max Lewallen, Georgia Registered Land Surveyor, dated July 3, 1998, and being more particularly described as follows:
Beginning at an iron pin on the right-of-way of Parks Road, which pin is located 881 feet along centerline of Parks Road to intersection with Eastern right-of-way of West County Line Road, thence North 71 degrees 45 minutes 00 minutes East 487.60 feet to an iron pin set; thence South 14 degrees 01 minute 25 seconds East 1464.08 feet to an iron pin found; thence South 73 degrees 46 minutes 10 seconds West 280.76 feet to an iron pin found; thence South 16 degrees 79 minutes 00 seconds East 338.01 feet to an iron pin found; thence South 76 degrees 33 minutes 55 seconds West 227.38 feet to a point; thence North 12 degrees 54 minutes 35 seconds West 403.57 feet to a post oak; thence South 76 degrees 42 minutes 00 seconds West 332.96 feet to an iron pin found; South 76 degrees 54 minutes 20 seconds West 380.11 feet to an iron pin found; thence North 01 degree 00 minutes 25 seconds East 407.41 feet to an iron pin found; thence North 75 degrees 47 minutes 05 seconds East 599.93 feet to an iron pin found at rock; thence North 14 degrees 41 minutes 45 seconds West 43.66 feet to an iron pin found; thence North 14 degrees 73 minutes 20 seconds West 348.19 feet to an iron pin found at rock; North 13 degrees 05 minutes 05 seconds West 573.26 feet to an iron pin set along the right-of-way of Parks Road and the Point of Beginning.
Containing 24.12 acres according to said survey.
(AU29,SE5,12,19INV)
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 Sharon Satterfield to NationsBanc Mortgage Corporation, dated May 12, 1999, recorded in Deed Book 143, Page 774, Banks County, Georgia Records, as last transferred to Bank Of America, N.A., 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 One Hundred Fifty-Six Thousand And 0/100 Dollars ($156,000.00), 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 October, 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 Sharon Satterfield or a tenant or tenants and said property is more commonly known as 613 Moccasin Gap Road, Lula, GA 30554.
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.
Bank of America, N.A., as Attorney-in-Fact for Sharon Satterfield
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/emk 10/2/01
Our file no. 5939501-FT2
This 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 containing 14.55 acres, more or less, in the 912th GMD of Banks County, Georgia, and bounded now or formerly as follows: North by Lot No. 26 and Moccasin Gap Road; East by Lot No. 24; South by Lot No. 21 and Lot No. 23; and West by Lot No. 17 and Lot No. 21.
Said tract of land being more particularly described according to a plat of survey prepared by Slate and Associates, Surveyors, on February 16, 1998, for Sharon Satterfield, which plat is recorded in Plat Book 22, Page 160, of the Public Records of Banks County, and being shown as Lot No. 25, and is by referenced incorporated herein as part of this description.
Above tract shall not be used except residential building lot. No trailer or mobile home shall be placed on said lot for a period of twenty years. No noxious or offensive activity shall be carried out upon said lot, nor shall anything be done thereon which may be or become an annoyance, nuisance, or disturbance to the neighborhood.
D. Aubrey Higgins has for himself, his heirs and assigns the unlimited right to use water from a certain deep well located on the above tract together with an easement for waterlines and access to said well from Moccasin Gap Road. D. Aubrey Higgins agrees to provide water to the owners of the above property at no cost to them as long as D. Aubrey Higgins uses said well.
(SE5,12,19,26B/930 7000)

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 Leonard L. Purdy Sr. to World Wide Financial Services, Inc., dated May 27, 1999, recorded in Deed Book 145, Page 119, Banks County, Georgia Records, as last transferred to Manufacturers and Traders Trust Company as Indenture Trustee by assignment, recorded in Deed Book 173, Page 509, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Forty Thousand and 0/100 Dollars ($40,000.00), 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 October, 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 Leonard C. Purdy, Sr. or a tenant or tenants and said property is more commonly known as 195 Lewellen Road, Commerce, GA 30529.
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 and Traders Trust Company as Indenture Trustee, as Attorney-in-Fact for Leonard L. Purdy, Sr.
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/arm 10/2/01
Our file no. 5706700-FT4
This 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 G.M.D. 208, Banks County, Georgia, being all of Lot 10 as shown on a survey for Herbert G. Harris, dated October 31, 1995, prepared by Russell N. Bartlett, Georgia Registered Surveyor Number 2114, and recorded in Plat Book 111, Page 11, which plat is incorporated herein by reference for a more complete description.
(SE5,12,19,26B/930 6000)

Notice of Sale
Georgia, Banks County
Because of the default in the payment of a note executed by Payton L. Crawford and Shannon Crawford, secured by a Deed to Secure Debt executed by Payton L. Crawford and Shannon Crawford, to Regions Bank dated June 18, 1997, and recorded in the Clerk's Office of Banks County, Georgia, in Deed Book 117, Pages 679-681, modified by agreement recorded at Book 159, Page 604, Banks County, Georgia Deed Records, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in October, 2001, during the legal hours of sale at the Courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the land described in said deed to-wit:
All that tract or parcel of land lying and being in G.M.D. 912, Banks County, Georgia, consisting of Tract 1 containing 33.66 acres and Tract 2 containing 0.06 acres and being a portion of Lot 12, Riverwood, Phase 2 and being more particularly described according to a survey for Payton L. Crawford and Shannon Crawford by Jeff Weshner, registered surveyor, dated May 27, 1997, recorded in Plat Book 22, Page 26, Banks County, Georgia Plat Records. Reference to said plat and the record thereof is hereby made for a more complete description of said property.
Also, an easement 40 feet in width more particularly described according to a plat recorded in Plat Book 14, Page 44, Banks County, Georgia Plat Records.
It is the intent of this deed to convey all property described in Plat Book 14, Page 44, Banks County, Georgia Plat Records, Less property previously conveyed to Banks County, Georgia, recorded in Deed Book 69, Page 485, and Deed Book 76, Page 52, Banks County, Georgia Deed Records.
Less and Except all that tract or parcel of land lying and being in G.M.D. 912 of Banks County, Georgia, consisting of 5.00 acres and being more particularly described according to a plat of survey prepared for Payton L. Crawford and Shannon Crawford by Frederick L. Youngman, registered surveyor, dated May 12, 1998, as follows: Beginning at a point located on the southwest side of the right-of-way of Riverwood Lake Road, said point being located south 32°19'18" East 372.05 feet from an iron pin found which depicts the center of Riverwood Road Easement and a cul-de-sac shown on a plat recorded in Plat Book 22, Page 26, Banks County, Georgia Plat Records, thence leaving said right-of-way of Riverwood Lake Road running South 63°58'38" West 624.64 feet to a point; thence running North 02°23'10" East 425.73 feet to an iron pin; thence running North 37°52'32" East 224.29 feet to an iron pin; thence running North 60°57'50" East 218.64 feet to a point; thence running South 00°52'12" West 92.89 feet to a point; thence running South 32°19'23" East 404.23 feet along the right of way of Riverwood Lake Road to a point located at the Point of Beginning.
Notice has been given of intention to collect attorneys fees in accordance with the terms of the note secured by said deed to secure debt.
This sale will be held subject to any unpaid taxes or other assessments which may be liens against said property.
Said property will be sold as the property of Payton L. Crawford and Shannon Crawford and the proceeds of said sale shall be applied first to the payment in full of said indebtedness, next, to the payment of all expenses connected with said sale, and the remainder, if any, shall be paid as provided in said Deed to Secure Debt.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Deed to Secure Debt.
Regions Bank, Attorney-in-Fact for Payton L. Crawford and Shannon Crawford
Allen Broxton
P.O. Box 430
Gainesville, GA 30503
(770) 531-7722
(SE5,12,19,26B/107 7000)

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 from Brandi Reed to Belgravia Financial Services, dated May 17, 1997, and recorded on May 30, 1997, in Deed Book 117, Page 275, Banks County, Georgia Records; as assigned by assignment of Security Deed to Dynex Financial, Inc., dated October 1, 1997, recorded August 28, 2000, in Deed Book 160, Page 714, aforesaid records, conveying the after-described property to secure a Note in the original principal amount of Forty-Six Thousand Three Hundred Seventeen & 00/100 Dollars ($46,317.00), 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 October, 2001, the following described property:
All that tract or parcel of land lying and being in G.M.D. 912 of Banks County, Georgia and being 1.00 acre and a 20' drive easement as shown on a plat for Gateway Homes dated November 2, 1995, by Joel Jordan, Georgia Registered Land Surveyor, which plat is incorporated herein for a more complete description of said property. Being more particularly described according to said plat as follows:
To find the true point of beginning, start at the centerline intersection of Antioch Church Road (80' ROW) with Glenn Road, thence North 68° 34' 33" East 48.19' to an iron point found on the easterly right of way of Antioch Church Road; thence North 76° 44' 23" East 108.41' to an iron pin set and being the True Point of Beginning; thence North 76° 44' 23" East 291.59' to an iron pin set; thence North 28° 36' 30" West 108.97' to an iron pin found; thence North 28° 36' 20" West 122.73' to an iron pin set; thence South 48° 26' 06" West 207.65' to an iron pin set; thence South 75° 00' West 31.72' to an iron pin set; thence 05° 57' East 124.65' to the True Point of Beginning.
The 20' driveway easement is described as follows:
To find the true point of beginning, start at the centerline intersection of Antioch Church Road (80' ROW) with Glenn Road; thence North 68° 34' 33" East 48.19' to an iron point found on the easterly right of way of Antioch Church Road; thence North 76° 44' 23" East 108.41' to an iron pin set; thence North 76° 44' 23" East 291.59' to an iron pin set; thence North 28° 36' 20" West 108.57' to an iron pin found; thence North 28° 36' 20" West 122.73' to an iron pin set; thence South 48° 26' 06" West 207.65' to an iron pin set; thence South 75° 00' West 31.72' to an iron pin set and being the True Point of Beginning; thence South 75° 00' 00" West 96.28' to an iron pin set on the easterly right of way of Antioch Church Road; thence South along said easterly right of way 20'; thence Northeast a course and distance 20' distant from and parallel to the southwest line of said driveway to a point on the westerly line of the tract conveyed herein; thence North 05° 57' 24" West 20' to the True Point of Beginning.
Also included in the sale is certain personal property described as follows: 1997 Horton/Cathedral, Serial Number H83061GLR, which is permanently affixed and is to become a part of the real property.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said 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) and all other payments provided for under the terms of the Security Deed and Note.
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 of the undersigned's knowledge and belief, said property is also known as 805 Antioch Church Road, Lula, Georgia 30554, and the party in possession of the property is Brandi Reed, a/k/a Brandi Duckworth or a tenant or tenants of said property.
Origen Financial, Inc., FKA Dynex Financial, Inc., as Attorney-in-Fact for Brandi Reed, AKA Brandi Duckworth
Kenney & Solomon, P.C.
3675 Crestwood Parkway, Suite 110
Duluth, Georgia 30096
(770) 564-1600
The law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(SE5,12,19,26P4)

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 Huntsinger, f/k/a Donna H. Teague to Community Bank and Trust-Jackson, dated December 2, 1999, and recorded in Deed Book 151, Page 494, 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 Huntsinger, f/k/a Donna H. Teague, 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 October, to-wit; October 2, 2001:
All that tract or parcel of land situate, lying and being in the 208th District, G.M., Banks County, Georgia, and being that 10.74 acres, more or less, designated as Tract B, on a plat of survey prepared for Margaret D. Eades by Russell N. Bartlett, Registered Surveyor, dated November 17, 1987, recorded in Plat Book 13, Page 84, 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.
Together With a non-exclusive easement for ingress and egress over an existing road in two segments described as follows: Segment 1 consisting of a strip of land 30 feet wide, 15 feet on each side of a center line beginning on the southwest side of the 80-foot right-of-way of a county paved road 1,068.15 feet northwest, as measured along the southwest side of said road, from a concrete marker at the northwest corner of McDonald Cemetery; running thence South 28 degrees 38 minutes West 524.6 feet; thence North 84 degrees West 42.6 feet; thence North 53 degrees 30 minutes West 70 feet; thence North 47 degrees 42 minutes West 94.9 feet; thence North 40 degrees 40 minutes West 75 feet; thence North 62 degrees 38 minutes West 37 feet; thence North 85 degrees 59 minutes West 57.6 feet; thence North 74 degrees 43 minutes West 60 feet; thence North 78 degrees 20 minutes West 84.9 feet; thence North 89 degrees 43 minutes West 47 feet; thence South 72 degrees West 36 feet; thence South 62 degrees 15 minutes West 50.75 feet; thence South 75 degrees 27 minutes West 62.35 feet; thence South 71 degrees 05 minutes West 50.2 feet; thence South 63 degrees West 40 feet; thence South 55 degrees 42 minutes West 118.5 feet; and thence South 86 degrees 28 minutes West 54.2 feet to the terminus of said center line; and Segment 2 consisting of a tract beginning at the terminus of the center line described in Segment 1 and running North 30 degrees 07 minutes West 15.2 feet; thence South 71 degrees 42 minutes West 101 feet; thence South 42 degrees 34 minutes West 1,929.1 feet to an iron pin; thence South 54 degrees West 295.6 feet; thence South 29 degrees 48 minutes East 30 feet, more or less; thence North 54 degrees East 295.6 feet, more or less; thence North 42 degrees 34 minutes East 1,926 feet; thence North 71 degrees 42 minutes East 99.4 feet; thence North 30 degrees 07 minutes West 15.2 feet to the point of beginning.
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 Huntsinger, f/k/a Donna H. Teague, by the undersigned, as Attorney-in-Fact for the said Donna Huntsinger, f/k/a Donna H. Teague.
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 Huntsinger, f/k/a Donna H. Teague.
This 28th day of August, 2001.
Community Bank and Trust, as Attorney-in-Fact for Donna Huntsinger, f/k/a Donna H. Teague
Allen L. Lacey, Jr.
Attorney at Law
P.O. Box 356
Commerce, Georgia 30529
(706) 335-7886
(SE5,12,19,26B/218 8000)

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 Brenda McDonald and Dennis McDonald to ContiMortgage Corporation, dated April 30, 1999, filed for record on May 19, 1999, and recorded in Deed Book 144, Page 43, Banks County, Georgia Records, as last assigned to Manufacturers & Traders Trust Company, One M&T Plaza, NY 14203-2399, Trustee for Securitization Series 1999-3, Agreement dated June 1, 1999, by assignment to be 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 October, 2001, to-wit: October 2, 2001, the following described property:
All that tract or parcel of land lying and being in the 1210th (Berlin) District, G.M., of Banks County, Georgia, containing 1.333 acres, more or less, and shown as Tract No. 3 and bounded now or formerly as follows: on the North and East by lands of Moon; on the South by Tract No. 4 lands of Charles L. and Janice L. Bray; on the West by Tract No. 2 lands of R. Brenda Clark and Matthew Clark.
Said tract of land being more particularly shown and described according to plat of survey prepared by Clelland A. Tyson, Surveyor, on the 14th day of May, 1986, and shown as Tract No. 3, which plat recorded in Plat Book 11, Page 141, public records of said Banks County, by reference incorporated herein as a part of this description.
Also included is a 1989 52x24 Fleetwood Mobile Home, Serial Number 1625, as well as any improvements attached thereto as of the date of the closing of this transaction.
Also includes a 300 foot easement for ingress and egress across Tract #1 and #2, as set forth on plat of survey recorded in Plat Book 17, Page 178, recorded December 29, 1992, which plat is incorporated herein by reference thereto.
Said Deed to Secure Debt having been given to secure a note of even date in the original principal amount of $45,600.00 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 965 Highway 51 North, Homer, Georgia 30547 is (are): Brenda Sue McDonald and Dennis McDonald 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 Security Deed first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
This sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, and (2) final confirmation and audit of the status of the loan with holder of the Security Deed.
Manufacturers & Traders Trust Company, One M&T Plaza, NY 14203-2399, Trustee for Securitization Series 1999-3, Agreement dated June 1, 1999, as attorney in fact for Brenda McDonald and Dennis McDonald
Richard B. Maner
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.
(SE5,12,19,26INV)

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, by assignment to be 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 October, 2001, to-wit: October 2, 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 feet 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; thence 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.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed.
Bankers Trust Company, as Trustee under the Pooling and Servicing Agreement dated as of March 1, 1999, United PanAm Mortgage Loan Trust 1999-I, as Attorney-in-Fact for Nicholas Buford Denton
Richard B. Maner
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.
(SE5,12,19,26INV)

Notice of Sale
Notice of Sale Under Power
By virtue of the Power of Sale contained in a Deed to Secure Debt by Nicholas Buford Denton to United Panam Mortgage, dated December 10, 1998, and filed for record February 24, 1999, in Deed Book 140, Page 400, Banks County, Georgia Records, and securing a Note in the original principal amount of $32,200.00; last transferred to Bankers Trust Company of California, N.A., as Trustee by IndyMac Bank, F.S.B. by Assignment filed for record in Banks County, Georgia Records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Banks County, Georgia, between the legal hours of sale on the first Tuesday in October, 2001, by Bankers Trust Company of California, N.A., as Trustee by IndyMac Bank, F.S.B., as Attorney-in-Fact for Nicholas Buford Denton, the following property to-wit:
All that tract or parcel of land shown on Exhibit "A" attached hereto and made a part hereof.
Exhibit "A"
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 Thompson Street with U.S. 441; thence along the centerline of a 20 foot 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 feet 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 feet to a point; 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 35 degrees 54 minutes 34 seconds West a distance of 43.04 feet to a point; thence North 12 degrees 08 minutes 27 seconds West a distance of 67.83 feet to an iron pin and the true point of beginning; thence South 57 degrees 10 minutes 31 seconds West a distance of 495.81 feet to an iron pin and corner; thence North 10 degrees 24 minutes 02 seconds East a distance of 306.88 feet to an iron pin and corner; thence South 53 degrees 45 minutes 11 seconds East a distance of 127.05 feet to an iron pin and corner; thence North 80 degrees 46 minutes 12 seconds East a distance of 262.18 feet 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 containing 1 acre, more or less.
The above described property is also known as 365 Thompson Street, Homer, GA 30547.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney's fees (notice of intention to collect attorney's fees having been given).
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned's knowledge and belief, possession of the subject property is held by Nicholas Buford Denton.
Bankers Trust Company of California, N.A., as Trustee by IndyMac Bank, F.S.B., as Attorney-in-Fact for Nicholas Buford Denton
Shuping, Morse & Ross, LLP
By: S. Andrew Shuping, Jr.
6259 Riverdale Road
Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(SE5,12,19,26B/119 8000)

Notice of Sale
Georgia, Banks County
Because of the default in the payment of a note executed by Marcus W. Ferguson secured by a Deed to Secure Debt executed by Marcus Ferguson to Regions Bank, dated November 4, 1996, and recorded in the Clerk's Office of Banks County, Georgia, in Deed Book 111, Pages 137-139, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in October, 2001, during the legal hours of sale at the Courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the land described in said deed to-wit:
All that tract or parcel of land lying and being in Land Lot Number 203 of the 10th Land District of Banks County, Georgia, and in the 1580th G.M.D. of Banks County, Georgia, and being designated as Lot 4, containing 2.306 acres, more or less, of Windy Knoll Subdivision, Phase Three, as shown on Plat of Survey prepared by J.R. Holland, RLS, dated June 18, 1993, said plat being recorded among Banks County, Georgia Records in Plat Book A, Page 71, said plat being incorporated herein by reference for a more full and complete description.
Subject to restrictive covenants of record and the existing easements for public utilities.
Notice has been given of intention to collect attorney's fees in accordance with the terms of the note secured by said Deed to Secure Debt.
This sale will be held subject to any unpaid taxes or other assessments which may be liens against said property.
Said property will be sold as the property of Marcus W. Ferguson and the proceeds of said sale shall be applied first to the payment in full of said indebtedness, next, to the payment of all expenses connected with said sale, and the remainder, if any, shall be paid as provided in said Deed to Secure Debt.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Deed to Secure Debt.
Regions Bank, Attorney-in-Fact for Marcus Ferguson
Allen Broxton
P.O. Box 430
Gainesville, GA 30503
(770) 531-7722
(SE5,12,19,26B/107 4000)

Notice
Notice of Publication
of Service
To: A Tract of Land, Being Known As 38.3 Acres, Banks County, Georgia, the Heirs At Law of Edgar J. Crane; O.T. Hopkins; Boline J. Phillips (A/K/A Bolene J. Franklin); and/or Any and All Other Interested Parties, Known or Unknown (Respondents In the Referenced Action To Quiet Title)
Re: Petition To Quiet Title, 38.3 Acres, Banks County, Georgia, Banks County Superior Court
Civil Action No: 01-CV-97X
Date Action Filed: March 7, 2001
Date Publication Order Signed: August 9, 2001
To: The Heirs At Law of Edgar J. Crane; O.T. Hopkins; Boline J. Phillips (A/K/A Bolene J. Franklin); and/or Any and All Other Interested Parties, Known or Unknown (The "Respondent" in the Referenced Action - Petition to Quiet Title). Take Notice That Edward C. Hansberry and John C. Boyce as Petitioner, has caused to be filed, in the Superior Court of Banks County, Georgia, a Petition to Quiet Title, in conjunction with the above referenced parcel of land; under the provisions of O.C.G.A., §23-3-60, et seq. Petitioner is seeking an order declaring that Petitioner owns the property in Fee Simple, subject only to all valid liens of record. For the specifics of such pleas for relief the parties respondent must refer to the original petition and all other pleadings filed with the court.
The Respondent is hereby noticed and commanded to be and appear at the court in which this action is pending within 30 days of the date of the Order for Service by Publication. The Petitioner is to file any response or answer with the Clerk of the Superior Court of the above referenced Court, at the address shown below:
Clerk of Superior Court of Banks County
Banks County Courthouse
P.O. Box 337
Homer, GA 30547
with a copy of such response or answer to be sent to the Attorney for the Petitioner, whose name and address is: C. Terry Blanton, Suite 1000, Wachovia Bank Building, 315 West Ponce de Leon Avenue, Decatur, GA 30030.
Witness, the Honorable David Motes, Judge, Superior Court, Banks County
Clerk of the Superior Court, Banks County, Georgia
By: Deputy Clerk
(SE5,12,19,26INV)

Advertisement
for Bids
Department of Transportation
State of Georgia
Federal Project
No. STP-00RR(151) 01
Banks County
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., September 21, 2001, and publicly opened.
0.204 mile of grading, drainage, base and plant mix paving for grade crossing at Norfolk Southern Railroad (8th ST EX); also includes reconstruction of Railroad Ave.
Contract Time: 05/31/02; Proposal Guaranty: 5%; District Office: Gainesville; Price of Plans: $24.00; 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
(SE5,12B/271 3000)

Public Notice
Notice to the Public
You Are Hereby Notified that there will be heard before the Presiding Judge of the Superior Court of Banks County, Georgia, on the 19th day of September, 2001, at 9:30 o'clock, a.m., at the Courthouse in the City of Homer, Georgia, the case of the State of Georgia vs. Banks County, Georgia, being Civil Action File Number 01-CV-356X in said court, the same being a proceeding to confirm and validate the Banks County General Obligation Bonds, Series 2001, in the aggregate principal amount of $5,590,000 to be issued for the purpose of providing funds to the Board to pay or to be applied toward the cost of construction a jail and public safety facilities and acquisition of fire trucks. Any citizen of the State of Georgia residing in Banks, Georgia, or any other person wherever residing who has a right to object, may intervene and become a party to these proceedings.
This the 22nd day of August, 2001.
Timothy A. Harper, Clerk, Superior Court, Banks County, Georgia
(SE5,12B/886 2000)

Notice
Georgia, Banks County Probate Court
Debora Yarber Brown has petitioned to be appointed Administrator of the estate of Donald Edward Yarber, 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 October 1, 2001, 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(SE5,12,19,26P4)

Cain Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Waymon George Cain, 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 28th day of August, 2001.
Rickey William Cain, Executor/Administrator
1522 Ft. Lamar Road
Commerce, GA 30530
(SE5,12,19,26P4)

Public Hearing
Notice of Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office:
CU-01-06 - Application by Phillip Marvin Rucker for a conditional use permit to move a 1978 manufactured home to 211 Rucker Road. This property is zoned ARR, Agricultural, Rural-Residential.
V-01-02 - Variance application for Velma Masinter at 2137 McCoy Bridge Road to reduce the setbacks from a property line. This property is zoned ARR, Agricultural, Rural-Residential.
CU-01-07 - Application by R.C. Morgan for a conditional use permit to move a 1987 manufactured home to 287 Poole Road to replace a burned home. This property is zoned ARR, Agricultural, Rural-Residential.
CU-01-18 - Application by Carla Willard for a conditional use permit to operate a pawn shop at the former Outlet Homes location on Highway 441. This property is zoned C-2, General Commercial.
The following proposed resolution has been received by this office:
A resolution to amend Article VIII of the Subdivision Regulations of Banks County, Georgia, entitled "Required Improvements," Section 810, entitled "Guarantee Against Faulty Material" to provide for a cash bond, a performance bond, an irrevocable bank letter of credit or escrow deposit; to provide for an effective date; to repeal conflicting ordinances and resolutions, and for other purposes.
An update on Banks County's Soil Erosion and Sedimentation Control Ordinance will also be reviewed. A copy is available for public review at the planning office.
The above applications 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, October 2, 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, October 9, 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 12th day of September, 2001.
(SE12B/069 4000)

Hogsed Estate
Notice to Debtors
and Creditors
All creditors of the estate of Addie M. Hogsed, 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 6th day of September, 2001.
Dorothy Higgins, Executor/Administrator
2540 Apple Pie Ridge Road
Alto, GA 30510
(SE12,19,26,OC3P4)

Ayers Estate
Notice to Debtors
and Creditors
All creditors of the estate of J.D. Ayers, 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 5th day of September, 2001.
Mattie Jean Ayers, Executor/Administrator
20352 Hwy. 441 S.
Commerce, GA 30529
(SE12,19,26,OC3P4)


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