Banks County Legal Advertisements...

January 23, 2002

The legal notices posted on this site are for reference only. Only the legal notices published in the legal organ newspaper of this county (The Banks County News) are official per O.C.G.A. sec. 9-13-140, et seq.
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Notice of Sale
Notice of Sale Under Power
Whereas, on January 8, 1981, for value received, Daniel Herbert and Terry M. Herbert executed and delivered to the United States of America, acting through the United States Department of Agriculture, a Deed to Secure Debt conveying certain real estate located in Banks County, Georgia, and said Deed to Secure Debt was recorded in the Office of the Clerk of the Superior Court for Banks County, Georgia, in Book #22, Page #669; and
Whereas, on December 15, 1981, for value received, Daniel Herbert and Terry M. Herbert executed and delivered to the United States of America, acting through the United States Department of Agriculture, a Deed to Secure Debt conveying certain real estate located in Banks County, Georgia, and said Deed to Secure Debt was recorded in the Office of the Clerk of the Superior Court for Banks County, Georgia, in Book #25, Page #292; and
Whereas, the United States of America now holds the above described security deed covering the said real estate; and
Whereas, the Deed to Secure Debt held by the United States of America provides that should default occur, the holder may declare the entire indebtedness secured by the Deed to Secure Debt due and payable and, in compliance with the power of sale provisions contained in said security deed proceed to sell the property at public outcry; and
Whereas, after default, the United States of America has declared all of the indebtedness secured by the Deed to Secure Debt due and payable and hereby certifies that it has complied with all of its loan servicing regulations;
Now, Therefore, the said United States of America, acting as aforesaid, under and in compliance with the power of sale provision contained in the Deed to Secure Debt, will proceed to sell at public outcry, for cash or certified funds to the highest bidder in front of the Courthouse in Banks County, during the legal hours of sale, on the 5th day of February, 2002, the following-described property conveyed in the Deed to Secure Debt, to-wit:
All that tract or parcel of land lying and being in the 912th (Poplar Springs) District, G.M., Banks County, Georgia, containing one (1.00) acre, and being bounded, now or formerly, as follows: One the Northeast by lands of the Estate of John Jones; On the southeast by other lands of the Estate of John Jones; On the South by lands of Radd Cape; On the Southwest by lands of Tommy Herbert; and On the Northwest by the Right of Way of a certain County Paved Road. Said tract being more particularly shown according to a Survey and Plat drawn by Max Lewallen, Georgia Registered Surveyor No. 2067, dated 29 November 1979, and recorded in Plat Book 7, Page 280, of the Records of the Office of the Clerk of Superior Court, Banks County, State of Georgia; reference is hereby made to said Plat for a more detailed description of the property herein conveyed. Said property herein conveyed being a part of that same tract conveyed to John Jones and F.E. Brewer by Warranty Deed from John W. Riley, et al, dated 3 April 1947, and recorded in Deed Book CC, Page 257, of the Records of the Clerk, aforesaid.
The above described property will be sold subject to any and all outstanding real estate taxes that are due and payable.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the United States of America, be cause for rejection of the bid, and, if the bid is rejected, the United States of America shall have the option of making the sale to the next highest bidder who is ready, willing and able to comply with the terms thereof. The proceeds of said sale will first be applied to the payment of the indebtedness to the United States of America, other charges, and the expenses of sale, as provided in the above-described Deed to Secure Debt.
This the 18th day of December, 2001.
United States of America
By F. Stone Workman, State Director
Rural Development, successor in interest to the Farmers Home Administration and Rural Economic and Community Development, U.S. Department of Agriculture
(JA9,16,23,30INV)

Notice of Sale
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from Ethel Chitwood and Bryant Dorsey Chitwood to First National Bank of Habersham, dated November 10, 1994, which Deed is recorded among Banks County, Georgia Records in Deed Book 92, Page 106, said Security Deed being given to secure a Note dated November 10, 1994, in the original principal amount of Sixteen Thousand and 00/100 ($16,000.00) Dollars, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2002, the following described property, to-wit:
All that tract or parcel of land lying and being in the 440th District, G.M., of Banks County, Georgia, containing Two (2) acres, more or less, and bounded on the West by lands of H.H. Jordan; on the South by lands of Ralph White; and on the East and North by lands of the James Dayton Crocker Estate.
The land herein described and conveyed is the same land conveyed by C.L. Crocker to Laster Crocker by Warranty Deed, dated June 17, 1971, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Deed Book WW, Page 441, reference to said deed being hereby made for a more complete description of the lands herein described and conveyed.
Said property is known as 161 Crocker Road, Alto, Georgia 30510, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and Regions Bank has given notice of its intention to foreclose said Security Deed and claim attorneyıs fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorneyıs fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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.
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.
The property will be sold as the property of The Estate of Ethel Chitwood and Bryant Dorsey Chitwood, who, to the best of the undersignedıs knowledge and belief, are the parties in possession of said property.
Regions Bank f/k/a First National Bank of Habersham, as Attorney-in-Fact for Ethel Chitwood and Bryant Dorsey Chitwood
M. Keith York
Kimzey, Kimzey & York
1070 South Main Street
P.O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(JA9,16,23,30INV)

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 February, to-wit; February 5, 2002:
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, attorneyıs 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 2nd day of January, 2002.
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
(JA9,16,23,30B/218 8000)

Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
Banks County
Because of default in the payment of the indebtedness secured by a Deed to Secure Debt executed by Donna Osborn, Grantor, to Eugene Montgomery and Shirley Montgomery, Grantees, dated September 12, 2000, recorded in Deed Book 161, Page 531, in the Office of the Clerk of Superior Court, Banks County, Georgia, the undersigned has declared the entire amount of said indebtedness due and payable and pursuant to the Power of Sale contained in said deed, will on the first Tuesday in February, 2002, during the legal hours of sale at the Courthouse door in Banks County, sell at public outcry to the highest and best bidder for cash, the following described property:
All that tract or parcel of land lying and being in the 207th District G.M., of Banks County, Georgia, located off GA Hwy. 59, being bounded now or formerly as follows: North by Tracts #21-B, 21-C, 21-D, 21-E, and County Dirt Road, East by Tract #19 of Louise Martin Brown, South by lands of Bond and West by Farmer. Said tract of land is particularly described as Tract #21-A, containing 3.96 acres, more or less, as shown on a plat prepared by Max Lewallen, Registered Surveyor, on April 19, 1983, recorded in Plat Book 9, Page 118, in Banks County, Georgia Records, which plat and records are by reference incorporated herein as part of this description. Including all the improvements thereon including well and septic tank and drive way, landscaping and mobile home that are there.
The sale will be held subject to any outstanding and unpaid taxes and/or easements and/or restrictive covenants appearing of record.
Notice has been given of intention to collect attorneyıs fees in accordance with the terms of the note secured by said Deed. Said property will be sold as the property of Donna Osborn, and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said Deed, the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Deed to Secure Debt.
Eugene Montgomery and Shirley Montgomery, as Attorneys-in-Fact for Donna Osborn
Wanda Barnett David
P.O. Box 99
Jefferson, Georgia 30549
(JA9,16,23,30B/783 4000)

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 Mark A. Hicks, to Bank of Loganville, dated April 29, 1998, recorded in Deed Book 128, Page 131, Banks County, Georgia Records, as last transferred to Chase Manhattan Mortgage Corporation by assignment, recorded in Deed Book 135, Page 316, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Seventy-Four Thousand Seven Hundred Ninety-Five And 0/100 Dollars ($74,795.00), 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 February, 2002, the following described property:
See Exhibit ³A² 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 attorneyıs fees (notice of intent to collect attorneyıs 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 Mark A. Hicks or a tenant or tenants and said property is more commonly known as 156 Oak Hill Drive, Baldwin, GA 30511.
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 Mark A. Hicks
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/jjc 2/5/02
Our file no. 5661400-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 ³A²
All that tract or parcel of land lying and being in 371st GMD of Banks County, Georgia, being designated as Lot 1, Crystal Lake Subdivision, containing 5.62 acres, more or less, as shown on plat of survey prepared by Richard E. Nutt, RLS, dated October 17, 1995 and recorded among Banks County Records in Plat Book 20, Page 71, reference to said plat is being made for a more full and complete description.
(JA9,16,23,30B/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 Johnny A. Garrett to FT Mortgage Companies dba HomeBanc Mortgage Corporation, dated December 30, 1998, recorded in Deed Book 139, Page 152, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Fifty-Five Thousand Four Hundred & 0/100 Dollars ($55,400.00), 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 February, 2002, the following described property:
See Exhibit ³A² 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 attorneyıs fees (notice of intent to collect attorneyıs 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 Johnny A. Garrett or a tenant or tenants and said property is more commonly known as 180 Barnes Road, Commerce, GA 30530.
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 Johnny A. Garrett
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/icg 2/5/02
Our file no. 5869101-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 ³A²
All that tract or parcel of land situate, lying and being in the 207th District, G.M. Banks County, Georgia, encompassing 4.507 acres, more or less, as shown on a plat of survey entitled ³Survey for Johnny A. Garrett,² prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated December 29, 1998, and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia, in Plat Book 23, Page 182, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description.
Conveyed herewith is an easement for ingress and egress over Barnes Road and Barnes Circle as the same are shown on plats recorded in Plat Book 5, Page 289; Plat Book 8, Page 174; Plat Book 9, Page 85; and Plat Book 9, Page 118, Banks County Public Records. This conveyance is made subject to the rights of current and subsequent owners of Lots 19-D, 19-E, and 19-F in the easement referred to in the preceding sentence, this easement being shown as Barnes Road Dirt as the same is shown in the northwest corner of the subject property on the plat referenced in the preceding paragraph.
The Grantor/Borrower represents, covenants and agrees 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 a part of the real property.
(JA9,16,23,30B/930 7000)

Name Change
Notice
In the Superior Court for
the County of Banks
State of Georgia
Jason Ryan Hopper, Plaintiff
Civil Action File No. 02CV26X
This is to certify that Jason Ryan Hopper has filed in the Superior Court of Banks County, State of Georgia, a petition to have his name changed to Jason Ryan Massey. The petition was filed on the 16th day of January, 2002. Anyone interested or affected by the proposed name change has a right to appear and file objections.
Jason Ryan Hopper
(JA23,30,FE6,13P4)

Notice
Notice of Intent to Introduce Local Legislation
Notice is hereby given that there will be introduced in the 2002 session of the General Assembly of Georgia, a bill to provide for increased homestead exemption from $16,000 to $20,000 from Banks County ad valorem taxes for County purposes for certain residents of such county; to provide for related matters for other purposes.
This 23rd day of January, 2002.
Jeanette Jamieson, Representative, 22nd District
(JA23B/069 1000)

Tidd Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Joan S. Tidd, deceased, late of Banks County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to me.
This 4th day of January, 2002.
Jenny Tidd Holcombe, Executrix of the Estate of Joan S. Tidd
P.O. Box 706
Lula, Georgia 30554
(JA16,23,30,FE6P4)

Tidd Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Wilmont Duke Tidd, deceased, late of Banks County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to me.
This 4th day of January, 2002.
Jenny Tidd Holcombe, Executrix of the Estate of Wilmont Duke Tidd
P.O. Box 706
Lula, Georgia 30554
(JA16,23,30,FE6P4)

Notice of Sale
Notice of Sale Under Power Contained in Security Deed
State of Georgia,
County of Franklin and Banks
Pursuant to a Power of Sale contained in a certain Security Deed executed by Earnest R. Maready and Frances G. Maready, hereinafter referred to as Grantor, with the singular including the plural, to Alliance Funding, a Division of Superior Bank FSB recorded in Deed Book 454, beginning at Page 145, of the deed records of the Clerk of the Superior Court of Franklin County, and recorded in Deed Book 154, Page 287 of Banks 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 February, 2002, the property which, as of the time of the execution of said Security Deed, was described as set forth in the attached Exhibit ³A.² 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 undersignedıs knowledge and belief, the party in possession of the property is believed to be Earnest R. Maready and Frances G. Maready. Said sale will be cried in Franklin County.
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 03/01/00 Series 2000-I, 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 ³A²
All that tract or parcel of land, with improvements located thereon, being in the 284th District, G.M., Banks County, Georgia, and in the 812th District, G.M., Franklin County, Georgia, and being tract No. 5, 4.67 acres, more or less, as more particularly shown on a plat of survey prepared for Cecil Loudermilk by Max Lewallen, Registered Surveyor, dated July 17, 1987, recorded in Plat Book 21, Page 199, in the Office of the Clerk of the Superior Court of Franklin County, Georgia, and Plat Book 22, Page 69, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and is incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the North and West by lands now or formerly of Lewallen; on the East by County Dirt Road No. 262 (30 foot right of way); and on the South and Southwest by land now or formerly of Collins.
Together with a mobile/manufactured home described as a 1989 Brig. 48 foot, ID Number 14708557A, which is now affixed to and located upon the above described property.
(JA9,16,23,30B/372 7000)

Notice of Sale
Notice of Sale Under Power
Whereas, for value received, Randy S. Lynn executed and delivered to nBank, N.A. f/k/a The First National Bank of Commerce, that certain promissory note, dated September 28, 2000, in the principal amount of Three Thousand Five Hundred Twenty-Two and no/100 ($3,522.00) Dollars (the ³Promissory Note²), with the Promissory Note being secured by a Deed to Secure Debt, conveying certain real estate located in Banks County, Georgia, said Deed to Secure Debt being recorded in Deed Book 163, Pages 37 through 41 in the Office of the Clerk of the Superior Court of Banks County, Georgia (the ³Deed to Secure Debt²); and
Whereas, nBank, N.A. is the holder of said Promissory Note and the Deed to Secure Debt secured thereby; and
Whereas, the Deed to Secure Debt held by nBank, N.A. provides that
should default occur the holder may declare the entire indebtedness secured by the Deed to Secure Debt due and payable and in compliance with the power of sale, proceed to sell the property at public outcry; and
Whereas, the Promissory Note secured by said Deed to Secure Debt has been and is hereby declared due and payable because of, among other possible events of default, nonpayment of installments of said loan; and
Whereas, nBank, N.A., has forwarded to Randy S. Lynn the notice required by O.C.G.A. § 44-14-162.2.
Now, Therefore, nBank, N.A., acting as attorney in fact for Randy S. Lynn, under and in compliance with the powers of sale in the Deed to Secure Debt, will proceed to sell at public outcry for cash or certified funds to the highest bidder in front of the Courthouse in Banks County, Georgia during the legal hours of sale on the first Tuesday in February, 2002, the following described property conveyed in the said Deed to Secure Debt, to-wit:
All That Tract or Parcel of Land lying and being in the 207th District, (David) G.M.D., Banks County, Georgia, and being that 2.00 acres, more or less, more particularly shown on a plat and survey for Ralph Howington, dated September 16, 1985, by Jacob B. Pirkle, Jr., registered Surveyor. Said plat is recorded in Plat Book 11, Page 27, Office of the Clerk of Superior Court of Banks County, Georgia, and is incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the north, east and south by lands of Frank Jackson Williams and Jackie Maddox Williams, and on the west by the right of way of Sims Bridge Road.
The proceeds of said sale will first be applied to the payment of the indebtedness to nBank, N.A., other charges, and the expenses of sale, as provided in the Deed to Secure Debt, and the balance, if any, shall be applied or distributed as required by law.
To the best of the knowledge of nBank, N.A., the property is in the possession of Randy S. Lynn. The sale will be subject to outstanding and unpaid taxes, street improvements, easements and covenants appearing of record.
nBank, N.A., as Attorney-in-fact for Randy S. Lynn
Matthew A. Moseley
Blasingame, Burch, Garrard, Bryant & Ashley, P.C.
Attorneys for nBank, N.A.
Post Office Box 832
Athens, Georgia 30603
(706) 354-4000
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(JA9,16,23,30B/510 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County:
By virtue of the power of sale contained in Deed to Secure Debt from Charlotte Morgan, debtor, hereinafter called grantor, to Regions Bank, dated March 18, 1998, recorded in Deed Book 126, at Pages 222-224, Banks County Records, as modified, said Deed to Secure Debt being given to secure a note of even date in the original principal amount of Seventy Four Thousand ($74,000.00) Dollars, with interest from date as stated therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2002, the following described property:
All that tract or parcel of land lying and being in the 465 G.M.D., Banks County, Georgia, designated as Lot 4 containing 0.749 acre, more or less, as shown on plat and survey for Red Oak Farms prepared by Timberland Management Services, Inc., W. W. Lester, RLS #2128, dated March 25, 1987, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book A, at Page 31. For a more detailed description, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way, as well as Restrictive Covenants for Red Oak Farms dated November 23, 1992, recorded in Deed Book 75, at Pages 700-702, Banks County Records.
The debt secured by said deed to secure debt has been and is hereby declared due because of, among other possible events of default, nonpayment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneyıs fees. Said property will be sold subject to any outstanding ad valorem taxes, special assessments, unpaid utility bills constituting liens against the property, and all security deeds, liens, and encumbrances existing and filed for record when the above-described Deed to Secure Debt was filed for record. To the best of the undersignedıs knowledge, information and belief, equitable title to this property is held by Charlotte Morgan.
Regions Bank, as Attorneys in Fact for Charlotte Morgan
Ronald K. Hopkins
Davidson, Hopkins & Booth, P.C.
P. O. Drawer 429
Jefferson, Georgia 30549
(706) 367-5264
(JA9,16,23,30B/251 4000)

Notice
Georgia, Banks County Probate Court
The petition of Ruth M. Parson, for a yearıs support from the estate of Hoyt Lee Parson, deceased, for decedentıs surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before February 4, 2002, 10:00 a.m., 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 on or before the time stated in the preceding sentence. 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.
Witness, the Honorable Betty Thomas, Judge
By: Kathy Hill, Clerk, Probate Court of Banks County
(JA9,16,23,30P4)

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 Delores Hernandez to Nationscredit Financial Services Corporation, dated July 20, 1998, and recorded in Deed Book 132, page 348, Banks County, Georgia records, as last assigned to Goldman Sachs Mortgage Company by assignment to be recorded in Banks County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $46,122.00, with interest at the rate specified therein, 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 February, to-wit: February 5, 2002, the following described property:
All that tract or parcel of land lying and being in the 284th District, G.M., Banks County, Georgia containing 20.00 acres, more or less, and being more fully shown on a plat of survey by Max Lewallen, Registered Surveyor, dated December 3, 1986, for Stephen Hernandez and Delores Hernandez recorded in Banks County Records of Clerk Superior Court in Plat Book 12 at Page 60. Said plat is incorporated herein by reference for a detailed description of said property. Said property is bounded as follows: on the North by lands owned now or formerly by Smith; on the East by a branch, the centerline being the property line of the South by lands owned by Randy Wilson; and on the West by a County Dirt Road, the centerline being the property line.
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 attorneyıs fees (notice of intent to collect attorneyıs 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 790 Daily Road, Baldwin, GA 30511 is (are): Delores Hernandez 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.
Goldman Sachs Mortgage Company, as Attorney-in-Fact for Delores Hernandez
Dene S. Perusse
Hudnall, Cohn and Abrams, P.C.
780 Johnson Ferry Road, Suite 200
Atlanta, Georgia 30342
(404) 851-9200
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(JA9,16,23,30INV)

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 Zena L. Banks and Tim Banks to Mortgage Electronic Registration Systems, Inc., dated June 29, 2001, and recorded in Deed Book 175, Page 422, Banks County, Georgia records, as last assigned to Bank One, National Association, as Trustee f/k/a The First National Bank of Chicago, as Trustee by assignment to be recorded in Banks County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $122,500.00, with interest at the rate specified therein, 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 February, 2002, to-wit: February 5, 2002, the following described property:
All That Tract or parcel of land lying in the Poplar Springs (912) District of G.M. of Banks County, State of Georgia, according to Plat made by Max Lewallen, RLS, for the John Jones Estate, recorded in Banks County, Georgia records, December 2, 1980, in Plat Book 8, Page 107, and shown as Tract 4, containing 8.71 acres, on county paved road at iron pin cornering lands of Faythe B. Willis, continuing on lands of Willis South 13 degrees 00 minutes East 786.6 feet to an iron pin; thence running North 76 degrees 24 minutes East 672.0 feet to an iron pin cornering Faythe B. Willis (Tract 3), and lands of Chitwood; continuing South 09 degrees 53 minutes West 261.3 feet to an iron pin on Chitwood line joining lands of Parson; continuing on lands of Parson South 76 degrees 24 minutes West 945.5 feet to an iron pin cornering lands of Evans and Parson; running on lands of Evans North 02 degrees 18 minutes East 708.3 feet to an iron pin; continuing North 11 degrees 46 minutes East 150.5 feet to an iron pin; continuing North 07 degrees 37 minutes East 196.3 feet to an iron pin on county paved road cornering lands of Luther Evans; continuing on county paved road North 51 degrees 13 minutes East 62.0 feet to beginning corner.
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 attorneyıs fees (notice of intent to collect attorneyıs 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 1444 Hickory Flat Road, Gillsville, GA 30543 is (are): Zena L. Banks and Tim Banks 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.
Bank One, National Association, as Trustee f/k/a The First National Bank of Chicago, as Trustee, as Attorney-in-Fact for Zena L. Banks and Tim Banks
Dene S. Perusse
Hudnall, Cohn and Abrams, P.C.
780 Johnson Ferry Road, Suite 200
Atlanta, Georgia 30342
(404) 851-9200
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(JA9,16,23,30INV)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from Dean R. Jackman Jr. and Angelia E. Jackman to Temple - Inland Mortgage Corporation, dated July 21, 1999, recorded in Deed Book 146, Page 692, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Ten Thousand and 00/100 Dollars ($110,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Nationsbanc Mortgage Corporation, 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 February 2002, the following described property:
All that tract or parcel of land lying and being in the 208th District, G.M. Banks County, Georgia, and being that 1.44 acres, more or less, as shown on a plat of survey prepared for Dean R. Jackman and Angelia E. Jackman by Max Lewallen, Registered Surveyor, dated February 14, 1996, recorded at Plat Book 20, Page 134, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the East by Payne; on the Southwest by Brownlee; and the Northwest by Marshburn Estate.
Said property is commonly known as 365 Sol Dr., Commerce, GA 30530.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneyıs fees, and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Dean R. Jackman Jr. and Angelia E. Jackman or tenant(s).
Bank of America, N.A., Successor in Interest by Nationsbanc Mortgage Corporation, as Attorney-in-Fact for Dean R. Jackman Jr. and Angelia E. Jackman
Contact: Jean Denny (Ext. 230)
Morris, Schneider & Prior, L.L.C.
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 158.A16224\JFD
Web Site: www.foreclosures.msplaw.com
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(JA9,16,23,30B/815 6000)

Garrison Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Lillie Parson Garrison, 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 26th day of December, 2001.
Mack E. Garrison Jr., Executor/Administrator
P.O. Box 188
Homer, GA 30547
(JA16,23,30,FE6B/1049 1000)

Renshaw Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Patrick Daniel Renshaw, deceased, late of Banks County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to me.
This 7th day of January, 2002.
Terri Sheridan Renshaw, Administrator of the Estate of Patrick Daniel Renshaw
344 Heather Acres Drive
Alto, Georgia 30510
(JA16,23,30,FE6P4)

Notice
In the Superior Court
of Banks County
State of Georgia
Peggy Cothran, an Executor of Estate of Henry Doyle Williams, Plaintiff vs. Peggy Cothran, as Personal Representative of the Estate of Louse Hart, and All the World, Defendant
Civil Action File Number: 00-CV-346M
Publication
To: Geraldine Massey, Lillian Hart, Donna Hart, Bruce Stowe, Pierce Stowe, Curtis Stowe, Ellis Stowe and Mattie Lee Siegers
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 third day of October, 2000, in the Superior Court of Banks County, Georgia, Piedmont Judicial Circuit, and that by reason of Order for Service by Publication entered by said Court on the 11 day of January, 2002, you are hereby commanded to be and appear at said court within thirty (30) days of the date of the Order for Service By Publication to answer said petition and file pleadings before the Court. The property that is the subject of the above styled action is as follows:
All That Tract or Parcel of land lying and being in the 1580th G.M.D., and in Land Lot 185 of the 10th Land District, City of Baldwin, Banks County, Georgia, and being more particularly described as follows: Beginning at an iron pin found located South 25 degrees 39 minutes 35 seconds East 258.24 feet from an iron pin found located on the east right-of-way of Park Avenue in the City of Baldwin (which pin ties to and is located South 01 degrees 23 minutes East 153.8 feet from the intersection of the centerlines of Park Avenue and Gainesville Highway) and running thence North 62 degrees 08 minutes 25 seconds East 50.00 feet to an iron pin set; running thence South 50 degrees 02 minutes 55 seconds East 98.00 feet to an iron pin set; running thence South 49 degrees 22 minutes 15 seconds West 10.00 feet to an 18² hickory tree; running thence South 49 degrees 22 minutes 15 seconds West 80.00 feet to an iron pin found; running thence North 27 degrees 27 minutes 50 seconds West 110.64 feet to the point of beginning; and consisting of 0.16 acre, more or less; and being more particularly described in a plat of survey by Max Lewallen for the Doyle Williams Estate, which plat and its metes and bounds are incorporated herein as if set fully forth herein. Said plat describes Tract I of 0.10 acres and Tract II of 0.68 acres. Said plat being attached to the original Petition filed in the Superior Court of Banks County, Georgia.
Witness, the Honorable T. Penn McWhorter, Judge of said Court.
This the 14th day of January, 2002.
Honorable Timothy A. Harper, Clerk, Superior Court, Banks County, Georgia
(JA23,30,FE6,13INV)


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