Banks County Legal Advertisements...

November 7, 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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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the estate of Thelma Marie Duckett, 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 10th day of October, 2001.
Kenneth R. Duckett, Executor/Administrator
540 Moss Farm Road
Alto, GA 30510
(OC17,24,31,NV7P4)

Turner Estate
Notice to Debtors
and Creditors
All creditors of the estate of John Bassett Turner, 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 12th day of October, 2001.
Katherine Sheridan Turner, Executor/Administrator
48 Homer Street
Maysville, GA 30558
(OC24,31,NV7,14P4)

Notice to the Public
To Whom It May Concern:
You Are Hereby Notified that there will be heard before the presiding Judge of the Superior Court of Banks County, Georgia, on the 13th day of November, 2001, at 8:45 o'clock, a.m., at the Courthouse in the City of Homer, Georgia, the case of the State of Georgia v. Banks County School District, Civil Action File No. 01 CV 444X, pending in said Court, the same being a proceeding to confirm and validate $12,050,000 in aggregate principal amount of Banks County School District General Obligation Sales Tax Bonds proposed to be issued by the Banks County School District, the imposition of a special one percent sales and use tax on all sales and uses in Banks County, Georgia, for a period of not more than twenty calendar quarters, for the purpose of securing the Bonds, and the levy of an ad valorem tax and the use of State appropriation moneys to pay such Bonds should the proceeds of the sales and use tax prove insufficient.
Any citizen of the State of Georgia residing in Banks County, or any other person wherever residing, who has a right to object, may intervene and become a party to this proceeding.
This 23rd day of October, 2001.
Timothy A. Harper, Clerk, Superior Court, Banks County, Georgia
(OC31,NV7B/072 3000)

Bell Estate
Notice to Debtors
and Creditors
All creditors of the estate of Carlton Dock Bell, 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 19th day of October, 2001.
Melba Jean Bell, Executor/Administrator
214 Neal Road
Commerce, GA 30520
(OC31,NV7,14,21P4)

Notice of Summons
In the Superior Court
of Banks County
State of Georgia
Estate of W.B. Moss and Estate of Hannah Moss, Plaintiffs vs. Heirs at Law of Odis Moss, Heirs at Law of Seth Moss, Heirs at Law of Albert Moss, Heirs at Law of Bird Moss, Heirs at Law of Marion Moss, Heirs at Law of Morris H. Moss, Heirs at Law of William T. McDonald, and All Others Persons, Defendants
Civil Action File No. 93-164-M
Adjoining Land Owners
Petition to Quiet Title
To: Lula Mae Albertson
You are hereby notified that the above-styled action seeking to quiet title to the real property of the Heirs of Odis Moss et al. was filed in said court on June 1, 1993, and that by reason of an order for service of summons by publication entered by the court on November 1, 2001, you are hereby commanded and required to appear before this Court on the 3rd of December, 2001, at 9:00 a.m. at the Banks County, Georgia Courthouse in the Courtroom and show cause why the petition to quiet title should not be granted.
Witnesseth, this 1st day of November, 2001, the Honorable T. Penn McWhorter, Judge, Banks County Superior Court.
Timothy Harper, Clerk, Banks County Superior Court
(NV7,14,21,28P4)

Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Commercial Deed to Secure Debt and Security Agreement executed by Scales Development Co., LLC, dated April 29, 1999, and being recorded in Deed Book 143, beginning at Page 222, aforesaid records; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the First Tuesday in December, 2001, the following described property:
All That Tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing 0.58 acres, more or less, and being more particularly described by plat of survey prepared for Scales Development Co., LLC, dated March 22, 1999, by Hubert Lovell & Associates, recorded in Plat Book C, Page 14, Banks County, Georgia Records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the Property.
Together with all rights of ingress and egress across a 60-foot wide road shown as Phil Scales Drive on said plat to provide access to Samples Scales Road.
The aforesaid Deed secures any other or future indebtedness of the Grantor therein specified, including any renewal thereof.
The indebtedness secured by said Deed has been declared due and payable by reason of default under the provisions of said deed and the terms of the note or notes secured thereby, and sale will be made for the purpose of applying the proceeds thereof toward expenses of sale, including attorney's fees, payment of the indebtedness and interest thereon, and any balance remaining shall be applied as provided by law.
The property will be sold as the property of Scales Development Co., LLC, who to the best of the undersigned's knowledge and belief, is the party in possession of the property.
Notice has been given of intention to enforce provisions for collection of attorney's fees and expenses of foreclosure in accordance with legal requirements and the terms of the above note and deed.
Quantum National Bank, Attorney-in-Fact for Scales Development Co., LLC
Andrew R. Mertz
Webb, Tanner & Powell, LLP
Attorney at Law
P. O. Box 1390
Lawrenceville, GA 30046-1390
(770) 963-3423
(NV7,14,21,28INV)

Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Commercial Deed to Secure Debt and Security Agreement executed by Scales Development Co., LLC, dated June 11, 1999, and being recorded in Deed Book 145, beginning at Page 55, Banks County, Georgia Deed Records; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the First Tuesday in December, 2001, the following described property:
All That Tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing 0.72 acres, more or less, and being more particularly described by plat of survey prepared for Scales Development Co., LLC, dated March 24, 1999, by Hubert Lovell & Associates, recorded in Plat Book 24, Page 33, Banks County, Georgia Records, which plat and the recording thereof are hereby incorporated by reference for a more detailed description of the property.
Together with all rights of ingress and egress across a 60-foot wide road shown as Phil Scales Drive on said plat to provide access to Samples Scales Road.
The aforesaid Deed secures any other or future indebtedness of the Grantor therein specified, including any renewal thereof.
The indebtedness secured by said Deed has been declared due and payable by reason of default under the provisions of said deed and the terms of the note or notes secured thereby, and sale will be made for the purpose of applying the proceeds thereof toward expenses of sale, including attorney's fees, payment of the indebtedness and interest thereon, and any balance remaining shall be applied as provided by law.
The property will be sold as the property of Scales Development Co., LLC, who to the best of the undersigned's knowledge and belief, is the party in possession of the property.
Notice has been given of intention to enforce provisions for collection of attorney's fees and expenses of foreclosure in accordance with legal requirements and the terms of the above note and deed.
Quantum National Bank, Attorney-in-Fact for Scales Development Co., LLC
Andrew R. Mertz
Webb, Tanner & Powell, LLP
Attorney at Law
P. O. Box 1390
Lawrenceville, GA 30046-1390
(770) 963-3423
(NV7,14,21,28INV)

Notice of Sale
Notice of Sale Under Power Contained in Security Deed
State of Georgia,
County of Banks
Pursuant to a Power of Sale contained in a certain Security Deed executed by Stacey Kitchens and Timothy Kitchens, hereinafter referred to as Grantor, with the singular including the plural, to Alliance Funding Company, recorded in Deed Book 153, beginning at Page 730, of the deed records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said Security Deed, the undersigned Attorney-in-Fact for the aforesaid Grantor (which Attorney-in-Fact is the present holder of said Security Deed and note secured thereby) will sell before the door of the Courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in December, 2001, the property which, as of the time of the execution of said Security Deed, was described as set forth in the attached Exhibit "A." Said sale will be made subject to the following items which may affect the title to said property: All restrictive covenants, easements and rights-of-way appearing of record, if any; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; all outstanding and/or unpaid taxes which may be liens upon the property; all outstanding or unpaid bills and assessments for street improvements, curbing, garbage, water, sewage and public utilities which may be liens upon said property. To the best of the undersigned's knowledge and belief, the party in possession of the property is believed to be Stacy Kitchens, Timothy Kitchens.
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.
LaSalle Bank National Association as Indenture Trustee under the Indenture dated as of March 1, 2000, Series 2000-1, as Transferee and Assignee, as Attorney-in-Fact for the aforesaid Grantor
J. Michael Campbell
Attorney at Law
990 Hammond Drive
Suite 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
This law firm is 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 the 465th GM District, Banks County, Georgia, being designated as Tract 2-B, containing 1.15 acres, more or less, as shown on the certain plat entitled "Survey for CHS Associates" dated October 21, 1998, prepared by G. Brian Slate, GRLS No. 2629, recorded in Plat Book 23, Page 156, Banks County, Georgia records, which plat is incorporated herein by reference.
(NV7,14,21,28B/372 5000)

Notice of Sale
State of Georgia
Banks County
By virtue of a Power of Sale contained in the Security Deed from Larry Appleby to Alliance Funding, a division of Superior Bank, FSB, dated January 18, 2000, and recorded January 31, 2000, in Deed Book 153, Page 289, Banks County, Georgia Records, securing subject property with a note of that date in the original principal amount of Eighty Two Thousand Five Hundred Dollars ($82,500.00), with interest on the unpaid balance until paid; having the address of 117 Loggins Lane, Commerce, GA 30558. Having last been transferred and assigned to La Salle Bank National Association, as Indenture Trustee under the Indenture dated as of March 1, 2000, Series 2000-1, and further being described 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 December, 2001.
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, as described on a plat recorded in Plat Book 13, Page 99, in the Office of the Clerk of Superior Court of Banks County, Georgia, shown as Lot #29. Said plat and the record thereof are herein in incorporated for a full and complete legal description.
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 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).
LaSalle Bank National Association, as Indenture Trustee under the Indenture dated as of March 1, 2000, Series 2000-1, as Attorney-in-Fact for Larry Appleby
Pleska & Associates, LLC
900 Circle 75 Parkway
Suite 210
Atlanta, GA 30339
(NV7,14,21,28INV)

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 Lowell Lord to Newnan Savings Bank, FSB, dated January 25, 1996, recorded in Deed Book 103, Page 232, Banks County, Georgia Records, as last transferred to Chase Manhattan Mortgage Corporation by assignment, recorded in Deed Book 106, Page 400, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Seventy-One Thousand Two Hundred and 0/100 Dollars ($71,200.00), 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 December, 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 Lowell Lord or a tenant or tenants and said property is more commonly known as 261 McEver 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.
Chase Manhattan Mortgage Corporation, as Attorney-in-Fact for Lowell Lord
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/jaa 12/4/01
Our file no. 51521701-FT7
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 Banks County, Georgia, G.M.D. 207, being designated as Tract 1, containing 0.69 acres, more or less, and Tract 2, containing 0.38 acres, more or less, and being 1.07 acres in the aggregate according to a survey for Jimmie Ray Jacobs, Jr., and Lisa L. Jacobs, prepared by Venable & Associates, Registered Land Surveyor. Said plat is recorded in Plat Book, 14, Page 188, Banks County Records and is incorporated herein by reference for a more complete description. This conveyance is subject to all easements and restrictions of record.
(NV7,14,21,28B/930 6000)

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 December, 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/clw 12/4/01
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.
(NV7,14,21,28B/930 6000)

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 Kenneth S. Payne to Regions Mortgage, Inc., dated February 28, 2001, recorded in Deed Book 169, Page 786, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of One Hundred Sixty-Five Thousand and 0/100 Dollars ($165,000.00), 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 December, 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 Kenneth S. Payne or a tenant or tenants and said property is more commonly known as 1137 Russ Rumsey Road, Maysville, GA 30558.
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.
Regions Mortgage, Inc., as Attorney-in-Fact for Kenneth S. Payne
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/adh 12/4/01
Our file no. 51392401-FT1
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 the 265th District, G.M., Banks County, Georgia, and being that 10.000 acres, more or less, as more particularly shown on a plat of survey prepared for Kenneth S. Payne by Barry D. Lord, Registered Surveyor, dated February 3, 2001, revised February 23, 2001, and recorded at Plat Book C, Page 139, 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.
(NV7,14,21,28B/930 6000)

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 Michael L. Kitchens to FT Mortgage Companies, dba HomeBanc Mortgage Corporation, dated August 14, 1998, recorded in Deed Book 133, Page 436, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Seventy-Two Thousand Four Hundred Fifty and 0/100 Dollars ($72,450.00), 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 December, 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 Michael L. Kitchens or a tenant or tenants and said property is more commonly known as 341 Water Plant 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.
First Horizon Home Loan Corporation, fka FT Mortgage Companies, as Attorney-in-Fact for Michael L. Kitchens
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/icg 12/4/01
Our file no. 51468101-FT3
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 situate, lying and being in the 455th District G.M. of Banks County, Georgia, designated as Lot 3 encompassing 1.00 acre, more or less, as shown on a plat of survey entitled "Survey for Michael L. Kitchens" prepared by Slate & Associates certified by G. Brian Slate, Georgia Registered Surveyor No. 2828, dated August 18, 1998, and being of record in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 23, Page 81, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description.
The Grantor/Borrower represents covenants and agree that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become of the real property.
(NV7,14,21,28B/930 6000)


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