Banks County Legal Advertisements...

APRIL 10, 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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Pruitt Estate
Notice to Debtors
and Creditors
All creditors of the estate of Ray M. Pruitt, 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 March, 2002.
Milton O. Pruitt, Executor by Horace E. Campbell, His Attorney
P.O. Box 149
Cornelia, GA 30531
Phone: (706) 778-6318
Fax: (706) 776-8642
(MA20,27,AP3,10P4)

McDonald Estate
Notice to Debtors
and Creditors
All creditors of the estate of Edith Mae Thompson McDonald, 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 21st day of March, 2002.
Helen Carol Thompson McClure, Executor
315 Sharondale Drive
Tullahoma, TN 37388
(MA27,AP3,10,17P4)

Cochran Estate
Notice to Debtors
and Creditors
All creditors of the estate of Julian A. Cochran, 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 22nd day of March, 2001.
James M. Cochran, Executor/Administrator
1868 Damascus Road
Homer, GA 30547
(AP3,10,17,24P4)

Parker Estate
Notice to Debtors
and Creditors
All creditors of the estate of James Dewey Parker, 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 March, 2002.
Diane Boswell, Executor/Administrator
P.O. Box 95
Maysville, GA 30558
(AP3,10,17,24P4)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of default in the payment of an indebtedness on a Loan Agreement executed by Keith Embrick secured by Deed to Secure Debt executed by Keith Embrick dated October 8, 1999, in favor of Banc One Financial Services, Inc., and recorded October 14, 1999, in Deed Book 149, Page 526, Clerk, Banks County Superior Court, and assigned to Household Finance Corporation, on March 31, 2000, and recorded on October 2, 2000, in Deed Book 162, Page 459, Clerk, Banks County Superior Court, the undersigned, Household Finance Corporation, as assignee of Banc One Financial Services, Inc., pursuant to said Deed and the note thereby secured has declared the entire balance outstanding on said indebtedness due and payable and pursuant to Power of Sale contained in said Deed, will on the first Tuesday in May, 2002, during the legal hours of sale, sell said property before the Courthouse door in Banks County at public outcry to the highest bidder for Cash. The property to be sold is described in said Deed and is set forth hereinafter in full:
All that tract or parcel of land lying and being in the 465th District G.M.D. of Banks County, Georgia, in the City of Maysville, containing 0.78 acre, more or less and being bounded now or formerly as follows: North by Georgia Highway 98 and Lot 2, East by Lot 2, South by Lot 8 and Oak Drive, and West by Oak Drive and Georgia Highway 98.
Said tract of land is shown and designated as Lot 1, Section A of Oak Grove Estates on a plat of survey prepared by Max Lewallen, Surveyor, for Marion Jarrett dated April 15, 1993, and recorded in the public records of Banks County, Georgia, in Plat Book 18, Page 3, which is by reference incorporated herein for a more complete description.
Subject to joint access easement of 20 feet along the Southern section, which is recorded among the public records of Banks County, Georgia, in Deed Book 79, Page 185-186.
This property is known as: 109 Oak Drive, Maysville, GA 30558.
This property will be sold subject to that Deed to Secure Debt from Keith Embrick and Eva Mae Wiley Embrick to M.F. Jarrett, dated April 28, 1993, and recorded on May 4, 1993, in Deed Book 79, Page 192, Clerk, Superior Court Banks County.
This property will also be sold subject to all outstanding ad valorem taxes, restrictions of record, easements, liens and all other assessments.
Said property will be sold as the property of Keith Embrick, and the sale will be applied to the payment of said indebtedness and the expenses of said Deed, and the undersigned will execute a Deed to the purchaser at said sale as provided in the aforementioned Deed to Secure Debt which Deed will be subject to the liens and encumbrances of record. To the best of the undersigned’s knowledge, information and belief, the premises are in the possession of Keith Embrick.
This is a communication from a debt collector. The debt collector is attempting to collect a debt, and any information obtained will be used for that purpose.
Household Finance Corporation, as assignee of Banc One Financial Services, Inc., as Attorney-in-Fact for Keith Embrick
Stephen J. Knezo
Attorney at Law
P.O. Box 724618
Atlanta, GA 31139
(678) 305-0043
(AP10,17,24,MY1INV)
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 Bobby Scott Coker to First National Security Corporation, dated October 5, 1999, recorded in Deed Book 149, Page 603, Banks County, Georgia Records, as last transferred to Bank of New York as Trustee, on behalf of the Certificate Holders by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Sixty-Six Thousand Four Hundred Ninety-Two And 0/100 Dollars ($66,492.00), 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 May, 2002, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in the 207th G.M.D. Banks County, Georgia, containing 5.92 acres at Lot 13 on a plat of survey as prepared for J. Albert Minish, by Max Lewallen, Registered Land Surveyor, dated March 20, 1992 recorded in Plat Book A, Page 33. This being the tract of land known as Hudson River Estates.
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 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 Bobby Scott Coker or a tenant or tenants and said property is more commonly known as 632 Borders Road, Commerce, Georgia 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.
Bank of New York as Trustee, on behalf of the Certificate Holders, as Attorney-in-Fact for Bobby Scott Coker
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
<http://www.foreclosurehotline.net>
DDP/aso 5/7/02
Our file no. CWF-00-00074-FT4
(AP10,17,24,MY1B/930 5000)

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 Walter Lewis Elrod and Marty Lee Elrod to Athens First Bank And Trust Company, dated April 26, 1996, recorded in Deed Book 186, Page 29, Banks County, Georgia Records, as last transferred to Chase Manhattan Mortgage Corporation by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Sixty-Four Thousand And 0/100 Dollars ($64,000.00), 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 May, 2002, the following described property:
Exhibit “A”
All that tract of parcel of land, together with all improvements thereon, situate, lying and being in the 208th District, G.M., Banks County, Georgia, containing 1.02 acres, and being shown on a survey and plat entitled “Survey for Walter Lewis Elrod & Marty Lee Elrod,” made by Max Lewallen, Georgia Registered Surveyor, dated March 20, 1996, recorded in Plat Book 20, Page 165, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and being more particularly described as follows: Beginning at an iron pin on the easterly side of County Paved Road No. 16 (Wilson Bridge Road) at corner of land now or formerly of Pruitt, which iron pin is located 2177.5 feet northerly from centerline of intersection of County Paved Road No. 16 with centerline of Georgia Highway No. 164 and running thence along the easterly side of County Paved Road 16 north 17 degrees 59 minutes east 309.9 feet to an iron pin; thence continuing north 18 degrees 34 minutes east 79.1 feet to an iron pin; running thence along line of land now or formerly of Jimmy Dodd south 68 degrees 23 minutes east 228.4 feet to an iron pin; running thence along line of land now or formerly of Pruitt south 49 degrees 23 minutes west 438.8 feet to the beginning iron pin. The entire amount of the indebtedness evidenced by the note to which reference is herein above made is a refinancing of the loan secured by security deed recorded in Deed Book 105, Pages 230-232, in said Clerk’s Office, on which Georgia intangible tax was paid; which has an address of 332 Wilson Bridge Road, Commerce, Georgia 30529.
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 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 Walter Lewis Elrod and Marty Lee Elrod or a tenant or tenants and said property is more commonly known as 332 Wilson Bridge 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 Walter Lewis Elrod and Marty Lee Elrod
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/tbt 5/7/02
Our file no. 5463702-FT3
(AP10,17,24,MY1B/930 8000)

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 David B. Smith to Mortgage Electronic Registration Systems, Inc., dated August 14, 2001, recorded in Deed Book 176, Page 908, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Eighty-Five Thousand Five Hundred And 0/100 Dollars ($85,500.00), 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 May, 2002, the following described property:
Exhibit “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 265th District, G.M., Banks County, Georgia, containing 2.09 acres, more or less, and being more particularly shown on a survey entitled “Survey for Scott Thomas & Rhonda Thomas”, dated May 14, 2001, by Ringo & Sadler, David L. Ringo, Sr., Registered Land Surveyor, and recorded in Plat Book 25, Page 201, in the Office of the Clerk of the Superior Court of Banks County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed.
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 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 David B. Smith or a tenant or tenants and said property is more commonly known as 102 Wellborn Road, Homer, GA 30547.
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.
Mortgage Electronic Registration Systems, Inc., as Attorney-in-Fact for David B. Smith
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/dep 5/7/02
Our file no. 5410402-FT5
(AP10,17,24,MY1B/930 5000)

Notice of Sale
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Security Deed given by Gloria Dianne Leach to Mortgage Electronic Registration Systems, Inc., dated August 12, 1999, recorded in Deed Book 148, Pages 463-470, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Seventy-Five Thousand Two Hundred Fifty-Six And 0/100 Dollars ($75,256.00), 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 May, 2002, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in the 912th G.M.D. of Banks County, Georgia, and being more particularly described according to a plat of survey made for Dianne Leach by Max Lewallen, Registered Surveyor, under date of September 28, 1984, a copy of said plat being of record in the Office of the Clerk of Superior Court of Banks County, in plat book 10 at page 109, as follows: Beginning at an iron pin corner common to lands of Chitwood on the southwesterly side of the right of way of Georgia Highway 51, said corner being located 0.7 miles southeasterly along said right of way from the Lula City limit; thence S. 54 degrees 17’ E. 946 feet along said right of way to the corner in the center of an old roadbed; thence along the center of the old roadbed the following courses and distances: S. 74 degrees 09’ W. 180.7 feet, S. 75 degrees 54’ W. 104.2 feet, S. 80 degrees 41’ W. 66.8 feet, S. 84 degrees 59’ W. 46.4 feet, N. 71 degrees 20’ West. 86.9 feet, N. 65 degrees 22’ W. 55.1 feet, N. 49 degrees 03’ W. 34.3 feet, N. 28 degrees 19’ W. 128.9 feet, N. 34 degrees 50’ W. 39.9 feet, N. 46 degrees 40’ W. 152.1 feet, N. 48 degrees 11’ W. 185.6 feet and N. 51 degrees 39’ W. 81.2 feet to corner; thence N. 50 degrees 23’ E. 13.7 feet to an iron pin; thence continuing N. 50 degrees 23’ E. 212.03 feet to the point of beginning, containing 5.38 acres, more or less.
This property is subject to all covenants; rights of way; easements; zoning laws; building codes and other restrictions of record.
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 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 Gloria Dianne Leach or a tenant or tenants and said property is more commonly known as 5123 Highway 51 South, Lula, GA 30554.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Mortgage Electronic Registration Systems, Inc., as Attorney-in-Fact for Gloria Dianne Leach
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/dep 5/7/02
Our file no. 5371002-FT5
(AP10,17,24,MY1B/930 7000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Security Deed given by Jimmy Dwayne Ballew, and Diane Ballew, to Aegis Mortgage Corporation, dated December 9, 1998, recorded in Deed Book 137, Page 762, Banks County, Georgia Records, as last transferred to Norwest Mortgage, Inc. by assignment recorded in Deed Book 141, Page 577, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Ninety-Eight Thousand One Hundred Seventeen And 0/100 Dollars ($98,117.00), 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 May, 2002, the following described property:
Exhibit “A”
All that tract or parcel of land situated, lying and being in the 284th District, G.M., Banks County, Georgia, containing 2.00 acres, more or less, and being bounded now or formerly as follows:
On the North by an 80 foot right-of-way for Wells Road; on the East by Sherman Smith lands; on the South by Silva lands; and on the West by Ballew lands; and being more particularly described as follows: Beginning at an iron pin set on the Southerly side of an 80 foot right-of-way for Wells Road, said pin being located South 87 degrees 31 minutes East 168.25 feet from the right-of-way intersection of Wells Road and Sawtooth Place (paved drive) and running thence along the right-of-way of Wells Road South 87 degrees 37 minutes East 200.00 feet to an axle; running thence South 18 degrees 29 minutes East 370.00 feet to an iron pin set; running thence North 86 degrees 15 minutes West 310.20 feet to an iron pin set; running thence North 01 degrees 15 minutes West 339.07 feet to said point of beginning and being more clearly shown and delineated on Plat of Survey by Max Lewallen, Licensed Engineer & Surveyor No. 2067, for Jimmy Dwayne Ballew and Diane Lynn Ballew, dated August 6, 1996; and being property known as 1114 Wells Road, according to the current system of numbering in Banks County, Georgia.
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 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 Jimmy Dwayne Ballew and Diane Ballew or a tenant or tenants and said property is more commonly known as 1114 Wells Road, Carnesville, GA 30521.
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.
Wells Fargo Home Mortgage, Inc. fka Norwest Mortgage, Inc., as Attorney-in-Fact for Jimmy Dwayne Ballew and Diane Ballew
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/dep 5/7/02
(AP10,17,24,MY1B/930 7000)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Horace Elliott to Unity Mortgage Corp., dated September 16, 1998, and recorded in Deed Book 134, Page 445, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to The First National Bank of Chicago as Trustee, now Bank One National Association, by assignment dated October 20, 1998, and recorded in Deed Book 147, Page 581, aforesaid records, securing a Note in the original principal amount of $60,000.00, the holder thereof pursuant to said Deed and Note thereby secured 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 Wednesday, May 7, 2002, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.31 acres, more or less, designated as Lot 4A of the Glenfield Farms Subdivision, as more particularly shown on a plat of survey prepared for Robert C. Russell by Max Lewallen, Registered Surveyor, dated March 30, 1998, recorded at Plat Book 22, Page 197, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as 238 Borders Avenue, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
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.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Horace Elliott, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Horace Elliott, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Bank One, National Association, formerly The First National Bank of Chicago, as Trustee, as Attorney-in-Fact for Horace Elliott
File No. 01-2433
L.J. Swertfeger, Jr.
Shapiro & Swertfeger
Attorneys and Counselors at Law
3300 Northeast Expressway
Suite 5-C
Atlanta, Georgia 30341-3941
(770) 220-2730/KS
www.swertfeger.net
The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(AP10,17,24,MY1P4)

Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed to Secure Debt executed and delivered by David J. Pinson to Community Bank and Trust f/k/a Community Bank and Trust-Jackson, dated August 12, 1997, and recorded in Deed Book 119, Pages 264-266, Office of the Clerk of Superior Court of Banks County, Georgia; securing sums in the original principal amount of $18,000.00, 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 David J. Pinson, 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 May, to-wit: May 7, 2002:
All that tract or parcel of land lying and being in the 448th District, G.M., Banks County, Georgia, and being that 16.598 acres, more or less, as shown on a plat of survey prepared for Harvey Dodd by Roy A. Terrell, Registered Surveyor, dated August 31, 1994, recorded at Plat Book 21, Page 85, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the North by lands of Beasley; on the East by lands of the State of Georgia; on the South by lands of Dodd; and on the West by 30 foot easement.
Also: A 30 foot easement for purposes of ingress and egress, said easement running the entire length of the western boundary of the subject property as more clearly shown on plat of survey referenced herein above.
Also: An easement for purposes of ingress and egress beginning on the southerly right of way of Hidden Valley Road and extending in a southerly direction to the subject property described herein above. Said easement is more particularly shown on a plat of survey prepared for Harvey Dodd by Roy A. Terrell, Registered Surveyor, dated January 13, 1995, recorded at Plat Book 21, Page 22, 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. It is the Grantor’s express intent that the entire 0.286 acres as shown on said survey shall constitute the easement and the Grantee herein shall have access to the entire 0.286 acre tract for purposes of ingress and egress.
Also: A 10 foot easement for purposes of ingress and egress adjacent to the easement described immediately above and more particularly shown on a plat of survey prepared for Hidden Valley Subdivision by B. Lamar Floyd, Registered Surveyor, dated January 5, 1990, recorded at Plat Book 15, Page 143, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description. Said easement is shown as the western most portion of Lot No. 17, and running in a southerly direction from the southern right-of-way of Hidden Valley Road to the northern boundary of the 16.598 acre tract described above.
Less and Except: That 5.00 acres conveyed to Phillip C. Hildebrant by Warranty Deed recorded at Deed Book 110, Page 507, Banks County, Georgia Records and more particularly shown on plat of survey recorded at Plat Book 21, Page 86, Banks County, Georgia Records.
The debt secured by said Deed to Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of David J. Pinson, by the undersigned, as Attorney-in-Fact for the said David J. Pinson.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, 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 as required), 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 said sale by the undersigned acting as Attorney-in-Fact for the said David J. Pinson.
To the best knowledge, information, and belief of Community Bank and Trust-Jackson, the premises are currently unoccupied.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated: “This document is an attempt to collect a debt and any information obtained will be used for that purpose.” [15 U.S.C. Section 1692e(11).]
This 19th day of March, 2002.
Community Bank and Trust f/k/a Community Bank and Trust-Jackson
By: Elton Collins, President, as Attorney-in-Fact for David J. Pinson
Gregory M. Perry
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(AP10,17,27,MY1P4)

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; 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 May, 2002, 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 Lot 3, as shown on a recorded plat for Lanier Home Center, dated June 27, 2000 by Kenyon L. Miller, Georgia Registered Land Surveyor No. 2595, and recorded in Plat Book 25, Page 122, Banks County, Georgia Records, which plat is incorporated herein for a more complete description of said property.
And: All that tract or parcel of land lying and being in G.M.D. 912 of Banks County, Georgia, and being Lot 3A, as shown on a recorded plat for Lanier Home Center, dated June 27, 2000 by Kenyon L. Miller, Georgia Registered Land Surveyor No. 2595, and recorded in Plat Book 25, Page 122, Banks County, Georgia Records, which plat is incorporated herein for a more complete description of said property.
Less and Except: All that tract or parcel of land lying and being in G.M.D. 912 of Banks County, Georgia and being Lot 4A, as shown on a recorded plat for Lanier Home Center, dated June 27, 2000 by Kenyon L. Miller, Georgia Registered Land Surveyor No. 2595, and recorded in Plat Book 25, Page 122, Banks County, Georgia Records, which plat is incorporated herein for a more complete description of said property.
Subject to a 20 foot driveway easement over said Lot 3A as shown on a recorded plat for Lanier Home Center, dated June 27, 2000 by Kenyon L. Miller, Georgia Registered Land Surveyor No. 2595, and recorded in Plat Book 25, Page 122, Banks County, Georgia Records, which plat is incorporated herein for a more complete description of said property.
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 or 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, LLC FKA 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.
(AP10,17,24,MY1P4)

Notice of Sale
Notice of Sale Under
Power In Security Deed
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in the Deed to Secure Debt from Jeff Hall and Lynn Hall to Citifinancial Services, Inc., dated April 3, 2000, and recorded April 6, 2000, in Deed Book 155, Pages 378-381, Banks County Records, said records given to secure an indebtedness in the original amount of $101,872.89, the undersigned will sell, at public outcry, to the highest bidder for cash, before the Courthouse door of Banks County, Georgia, during the legal hours of sale, on the first Tuesday of May, 2002, the following described real property, to-wit:
All that tract or parcel of land lying in the 465 G.M.D., Banks County, Georgia, and more particularly described as Lot 12 containing 0.517 acre on plat of survey for Oak Grove Estates, prepared by Timberland Management Services, Inc., W.W. Lester, RLS #2128, dated March 25, 1987, recorded in Plat Book A, at Page 32, Banks County Records. For a more detailed description to said tract, reference is hereby made to said plat as recorded being a portion of the property conveyed to Lassiter Properties, Inc., by Warranty Deed dated June 29, 1983, recorded in Deed Book 29, at Pages 30-31, Banks County Records. Subject to the restrictive covenants filed for Oak Grove Estates dated November 23, 1992, recorded in Deed Book 75, at Pages 703-705, aforesaid records.
By fee simple deed from Robert D. Beeco, Sr. as set forth in Deed Book 139, Page 755, dated February 1, 1999, and recorded February 9, 1999, Banks County Records, State of Georgia.
The indebtedness secured by said Deed to Secure Debt has been, and is hereby declared to be due and payable in full by reason of default under the provisions of said Deed to Secure Debt and the terms of the Agreement secured thereby, and sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness and interest thereon, attorney’s fees and expenses of sale, and balance remaining shall be applied as provided in said Deed to Secure Debt.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note and Security Deed.
To the best of the knowledge and belief of the Lender, said property will be sold as the property of Jeff Hall and Lynn Hall and is subject to any outstanding ad valorem taxes (including taxes where are a lien, whether or not now 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, including other Security Deeds. Jeff Hall and Lynn Hall were furnished with a copy of this Notice of Sale Under Power not less than fifteen (15) days prior to the sale. This 18th day of March, 2002.
Citifinancial Services, Inc., Attorney-in-Fact for Jeff Hall and Lynn Hall
By: Mark A. Baker, Attorney at Law
Mark A. Baker, P.C.
24 Lenox Pointe
Suite C
Atlanta, Georgia 30324
(404) 920-0306
(AP10,17,24,MY1INV)

Cash Estate
Notice to Debtors
and Creditors
All creditors of the estate of Emily Cash, 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 1st day of April, 2002.
June Collins, Executor/Administrator
P.O. Box 1065
Cleveland, GA 30528
(AP10,17,24,MY1P4)

Sewell Estate
Notice to Debtors
and Creditors
All creditors of the estate of Betty C. Sewell, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 2nd day of April, 2002.
John D. Sewell, Executor/Administrator
327 Charity Road
Homer, GA 30547
(AP10,17,24,MY1P4)

Notice
Georgia, Banks County Probate Court
The petition of Barbara Stubbs Chitwood, for a year’s support from the estate of Billy Paul Chitwood, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before May 6, 2002, at 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
(AP10,17,24,MY1P4)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Angela M. Lynn and Jerry Blalock to Wells Fargo Home Mortgage, Inc., dated 0, 0, and recorded in Deed Book 176, Page 831, Banks County Records, securing a Note in the original principal amount of $100,424.00, the holder thereof pursuant to said Deed and Note thereby secured 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, May 7, 2002, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 465th GMD, Anderson Land Lot, Banks County, Georgia, and being more particularly described as follows: Beginning at an iron pin on the East side of the Mangrum Bridge dirt road, the same being approximately one-quarter (1/4) mile from the intersection from the Mangrum Bridge Road and the Ridgeway Road; thence with other lands of Cohen Martin South 73 degrees 5 minutes East 514.27 feet to an iron pin; then with lands of Cohen Martin South 12 degrees 29 minutes East 306.04 feet to an iron pin; thence with the lands of Darrell Snipes South 74 degrees 32 minutes West 461.68 feet to an iron pin on the East side of the Mangrum Bridge Road; thence with said road North 5 degrees 58 minutes West 453.23 feet to a point continuing with said Mangrum Bridge Road; then 28 degrees 40 minutes West 138.05 feet to the point of beginning. Said tract containing 4.3751 acres and more particularly described in a plat by Roy A. Terrell, RLS, under date of February 26, 1974. This is the same property conveyed by deed recorded in Deed Book 43, Page 293, said records.
Said property is known as 811 North Mangum Bridge, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting a part of said property, if any.
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.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Angela M. Lynn and Jerry Blalock, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Angela M. Lynn and Jerry Blalock, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Wells Fargo Home Mortgage, Inc., as Attorney-in-Fact for Angela M. Lynn and Jerry Blalock
File No. 02-1341
L.J. Swertfeger, Jr.
Shapiro & Swertfeger
Attorneys and Counselors at Law
3300 Northeast Expressway
Suite 5-C
Atlanta, Georgia 30341-3941
(770) 220-2730/KS
www.swertfeger.net
The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(AP10,17,24,MY1P4)


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