Banks County Legal Advertisements...

September 26, 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
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 L. 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, 1985, 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
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)

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)

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)

Wade Estate
Notice to Debtors
and Creditors
All creditors of the estate of Ora M. Wade, 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 13th day of September, 2001.
Jeanette Armour, Executor/Administrator
2427 Bolman Road
Gainesville, GA 30507
(SE19,26,OC3,10P4)

Booth Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Vicky L. Booth, 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 26th day of September, 2001.
Perry W. Wilson, Executor/Administrator
P.O. Box 329
Athens, GA 30601
(SE26,OC3,10,17P4)

Civil Lawsuits
MAGISTRATE COURT
·First Franklin Financial vs. Frank D. Bush, suit on a note.
·Grogan Enterprises Inc. d/b/a Western Auto vs. Greg Sears, suit on account.
·Dr. Joseph Clark vs. Brandi Green, suit on account.
·Dr. Joseph Clark vs. Perry Wiley, suit on account.
·W.S. Badcock Corp. vs. Luther McCoy, foreclosure.
·W.S. Badcock Corp. vs. Gail Calhoun, foreclosure.
·Gloria Kimsey vs. Michael Eric Wood, suit on a note.
·Eva Harrison vs. Felton Parker, dispossessory.
·Reliable Loan Co. vs. Victor Richie, suit on account.
·Reliable Loan Co. vs. Opal Hicks, foreclosure.
·Patrick McShane vs. Vanessa Manly, suit.
·Habersham Hardware Co. vs. Vincent Eterno, suit on account.

SUPERIOR COURT
·Northeast Georgia Medical Center Inc. vs Shilian Taylor, complaint on open account.
·Ford Motor Credit Corp. vs. Keith W. Peek, complaint on contract.
·Capital ONE Bank vs. Richard P. Veach, complaint on account.
·Auto Credit of Georgia Inc. vs. Tim Martin, complaint on contract.
·Sears and Roebuck Co. vs. Jason Allred and Paul Allred, complaint on account.
·Ford Motor Credit Co. vs. Jacqueline R. Hamrick, complaint on contract.
·Ford Motor Credit Co. vs. Jill Leary, complaint on contract.

Property Transactions
·Geneva W. Green to Barry T. Coker, .85 acre, District 448.
·Gainesville Bank and Trust to Michael W. Walker, 1 acre, Poplar Springs District.
·Caudell Supplies Inc. to Frances E. Williams and Gary James Crowe, 31.28 acres, Tract 1, 63.99 acres, Tract 2, District 1266.
·Jason P. Dunagan to Ronald C. Harris Jr., 4 acres, Tract 1, 1 acre Tract 2, District 284.
·Ralph Poole to Charles G. Shaw Jr., 18.09 acres, District 912.


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