Banks County Legal Advertisements...

May 15, 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
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Security Deed given by Payton Crawford to Sunshine Mortgage Corporation, dated September 10, 1999, recorded in Deed Book 148, Page 703, Banks County, Georgia Records, as last transferred to Sovereign Bank 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 Four Hundred Sixty Thousand and 0/100 Dollars ($460,000.00), 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 June, 2002, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, containing 5.00 acres, more or less, and being a portion of Lot 12 of Riverwood Subdivision, Phase Two, and more fully shown on plat of survey for Payton L. Crawford and Shannon Crawford dated May 12, 1998, by Youngman Surveying, Inc., Georgia Registered Land Surveyor, recorded in Plat Book 23, Page 53, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
Together with and subject to a non-exclusive 40 foot ingress/egress easement as more particularly shown on a plat recorded at Plat Book 14, Page 44, Banks County, Georgia Records.
This is a portion of that property conveyed in a Warranty Deed to Payton L. Crawford and Shannon Crawford recorded in Deed Book 117, Page 678, Banks County, Georgia Records.
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 Payton Crawford and Shannon Crawford or a tenant or tenants and said property is more commonly known as 270 Riverwood Lake Road, Lula, Georgia 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.
Sovereign Bank, as Attorney-in-Fact for Payton Crawford
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/scr 6/4/02
Our file no. 5161401-FT4
(MY8,15,22,29B/930 6000)

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 Gloria Bourgeois, hereinafter referred to as Grantor, with the singular including the plural, to Alliance Funding Company, a Division of Superior Bank FSB recorded in Deed Book 138, beginning at Page 189 and re-recorded at Deed Book 139, Page 259, 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 June, 2002, 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 Gloria Bourgeois.
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 National Bank as Trustee under Pooling and Servicing Agreement dated as of 02/01/99 Series 1999-1, as Transferee and Assignee, as Attorney-in-Fact for the aforesaid Grantor
J. Michael Campbell
Attorney at Law
990 Hammond Drive
Suit 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 District 1580th (Hollingsworth) District, G.M. District, Banks County, Georgia, being Lot 5B, containing 1.029 acres, as shown on that certain survey prepared by Max Lewallen, as per plat recorded in Plat Book 21, Page 189, Banks County Records, which plat is incorporated herein and made a part of this description.
Also conveyed is a perpetual non-exclusive easement for ingress and egress from U.S. Highway 441 to the northerly boundary line of the above described property being 30 feet in width and being shown on plat recorded in Plat Book 13, Page 57, Banks County, Georgia Deed Records. The purpose of the easement is for vehicular and pedestrian traffic and any and all utilities to serve the subject property.
(MY8,15,22,29B/372 6000)

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 Judy H. Reed to Wells Fargo Home Mortgage, Inc., dated December 21, 2000, and recorded in Deed Book 166, Page 187, Banks County Records, securing a Note in the original principal amount of $89,462.00, 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, June 4, 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 situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 8, encompassing 1.59 acres, more or less, as shown on a plat of survey entitled “Survey for Sabrina K. Brady,” prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Surveyor No. 2629, dated January 15, 1998, and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia, in Plat Book 22, Page 146, which plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. 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.
Said property is known as 145 Loggins Road, Maysville, GA 30556, 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 Judy H. Reed, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Judy H. Reed, 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 Judy H. Reed
File No. 01-3669
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.
(MY8,15,22,29P4)
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 Mike Glass to Oakwood Acceptance Corporation, dated JUNE 16, 1999, and recorded on June 18, 1999, in Deed Book 145, Pages 208-218, Banks County, Georgia Records, as assigned to Chase Manhattan Trust Company National Association, as Trustee U/A dated August 01, 1999, in Deed Book 148, Page 780, aforesaid records, as subsequently assigned back to Oakwood Acceptance Corporation, conveying the after-described property to secure a Note in the original principal amount of Eighty-Four Thousand Three Hundred Twenty-Nine & 62/100 Dollars ($84,329.62), 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 June, 2002, the following described property:
All that tract or parcel of land containing 5.87 acres, more or less, situate, lying and being in the 207th District, G.M. of Banks County, Georgia, known as Lot 38 Riverbend Road and being more particularly shown and delineated as Lot 38, 5.87 ACS. according to that certain plat entitled “Survey For: Peter Tikotin,” dated September 23, 1983, prepared by James M. Paul, Registered Surveyor, and recorded at Plat Book 9, Page 183, in the Office of the Clerk of Superior Court of Banks County, Georgia, which plat and the record thereof are by reference incorporated herein.
This being the same property conveyed by Warranty Deed dated November 18, 1983 from Samuel Herbert McKee and Olga Elizabeth McKee to Jerry Skelton and Alicia Lynn Skelton as recorded at Deed Book 68, Page 779, said Clerk’s Office.
Together with all improvements constructed upon, affixed to or located upon the above described real property, including without limitation any residential dwelling located upon or to be located thereon, which dwelling is or may be a manufactured home, as hereinbelow described, which manufactured home is or upon placement and affixation shall be conclusively deemed to be real estate (the “Manufactured Home”): Make: Oakwood, Model: 4020.
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 412 Riverbend Road, Commerce, Georgia 30530 and the party in possession of the property is Mike Glass or a tenant or tenants of said property.
Oakwood Acceptance Corporation, LLC, SBM Oakwood Acceptance Corporation, as Attorney-in-Fact for Mike Glass
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.
(MY8,15,22,29P4)

Public Hearing
State Board Member to Hold Public Hearing May 20, 2002
Carol S. Williams to Host State Board of Education Eleventh District Public Hearing
The State Board of Education will hold a public hearing for citizens in the Eleventh Congressional District on Monday, May 20, 2002. The meeting will be held from 7-9 p.m. in the media center at Commerce High School, 272 Lakeview Drive, Commerce. The purpose of the hearing is to receive comments from citizens and educators regarding public education in the district. Persons wishing to speak should sign in upon arrival. Carol S. Williams, the Board’s Eleventh District representative, will conduct the hearing. For more information, contact Lynn Roberts at the Georgia Department of Education at (404) 657-7410 or Dr. Russell Cook at (770) 535-5460.
The Georgia Department of Education does not discriminate on the basis of disability in admission to, access to, or operation of its programs, services or activities. Individuals who need assistance or auxiliary aids for participation in this public forum are invited to make their needs known to Ms. Roberts at (404) 657-7410.
(MY8,15INV)

Williams Estate
Notice to Debtors
and Creditors
All creditors of the estate of Henry Doyle Williams, late of Banks County, Georgia, deceased, 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.
This 8th day of May, 2002.
Peggy Cothran
P.O. Box 111
Carnesville, Georgia 30521
(MY8,15,22,29P4)

Edwards Estate
Notice to Debtors
and Creditors
All creditors of the estate of Pauline Edwards, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 3rd day of May, 2002.
Billy Leachman, Executor/Administrator
779 Hwy. 59
Commerce, GA 30530
(MY8,15,22,29P4)

Notice
Georgia, Banks County Probate Court
Sherry H. Payne has petitioned to be appointed Administrator of the estate of Kenneth Samuel Payne, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before June 3, 2002, at 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(MY8,15,22,29P4)

Notice
Georgia, Banks County Probate Court
J.R. Boswell has petitioned to be appointed Administrator of the estate of Glen Boswell, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before June 3, 2002, at 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(MY8,15,22,29P4)

Notice
Georgia, Banks County Probate Court
Henry L. Simmons has petitioned to be appointed Administrator of the estate of Clarence Henry Simmons, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before June 3, 2002, at 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(MY8,15,22,29P4)

Notice
Georgia, Banks County Probate Court
The petition of Vera Nell McElhannoe Parson, for a year’s support from the estate of Bobby Junior Parson, 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 June 3, 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
(MY8,15,22,29P4)

Notice
Georgia, Banks County Probate Court
The petition of Pamela Vashaw, for a year’s support from the estate of Russell Louis Vashaw, deceased, for decedent’s minor child, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before June 3, 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
(MY8,15,22,29P4)

Notice
Georgia, Banks County Probate Court
Joann Flanigan has petitioned to be appointed Administrator of the estate of Rufus Ray Flanigan, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before June 3, 2002, at 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
(MY8,15,22,29P4)

Public Hearing
Notice of Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office:
CU-02-10 - Application by James L. Patterson for a conditional use permit to move a 1985 manufactured home to 361 Charity Road. This property is zoned ARR, Agricultural, Rural-Residential.
CU-02-11 - Application by Geraldine Mason for a conditional use permit to relocate a 1994 manufactured home to Bennett Road. This property is zoned ARR, Agricultural, Residential.
CU-02-12 - Application by Triton PCS for a conditional use permit to construct a cellular tower on Highway 164. This property is zoned ARR, Agricultural, Rural-Residential.
Z-02-05 - Application by Max W. Carnes, Jr. for rezoning of property on Highway 105 and Carnes Circle from ARR, Agricultural, Rural-Residential to CAD, Commercial Agricultural District.
Z-02-06 - Application by Tim Brooks for rezoning of property on Chambers Road from ARR, Agricultural, Rural-Residential to R-1, Single Family Residential.
The following ordinance will also be considered:
An Ordinance To Delete Paragraph 404.4 of Section 404 Entitled “Nonconforming Uses” of the Zoning Regulations of the Code of Banks County, Georgia, in its entirety and to insert in lieu thereof a new paragraph with the same number so as to change the time period in which a nonconforming use may be re-established for any building, structure or land; to create Paragraph 404.7 of Section 404 of the code of Banks County, Georgia, so as to permit the re-establishment of nonconforming use on land with two or more buildings if the business activity has continued in at least one building on the land and business activity has been discontinued for three or more years in the other buildings on the land; to provide for an effective date and for other purposes.
The above items are on file in the office of the Banks County Planning Commission and are available for public review.
The Banks County Planning Commission will hold a public hearing on these matters on Tuesday, June 4, 2002, at 7 p.m. in the superior courtroom at the Banks County Courthouse.
The Banks County Commissioners will hold a public hearing on these matters on Tuesday, June 11, 2002, at 7 p.m. in the superior courtroom at the Banks County Courthouse.
Interested persons are invited to appear and comment.
This 15th day of May, 2002.
(MY15B/069 4000)

Notice of Summons
In the Superior Court
of Banks County
State of Georgia
State of Georgia, Timothy G. Madison, District Attorney, Piedmont Judicial Circuit, Plaintiff vs. One Thousand Three Hundred ($1,300.00) in United States Currency
Civil Action File No. 02-CV-141-X
To: Jose Manuel Hernandez, 149 Bentley Parkway, Woodstock, GA 30188
And all other persons claiming interest in said property.
You are hereby notified that the above-styled action seeking the forfeiture of the above-listed property, was filed in said court on the 11th day of April, 2002, pursuant to OCGA 16-13-49. Said property was seized by the Northeast Georgia Drug Task Force on the 13th day of March, 2002.
Said action alleges that you may have an interest in said property. You are hereby commanded and required to file with the clerk of said court and serve upon Tim Madison, District Attorney, Banks County District Attorney’s Office, P.O. Box 665, Homer, Georgia 30547, an answer to the complaint within 30 days of the date of final publication of this notice.
This the 7th day of May, 2002.
Jenny B. Massey, CDC
Tim Harper, Clerk of Superior Court
(MY15,22B/916 2000)

Notice
For Discharge from
Office and All Liability
Re: Petition of Scarlett S. Shirley for Discharge As Administrator of the Estate of Eugene Samples, Deceased
This is further to notify Lindsey M. Carlyle and Caden C. Carlyle, who are required to be served personally, to file objection, if there is any, to the above referenced petition, in this Court on or before the tenth (10th) day after the date you are personally served.
Be Notified Further: All objections to the petition must be in writing, setting forth the grounds of any such objections. 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
(MY15P1)

Corporate
Name Change
Notice of Change of Corporate Name
Notice is given that Articles of Amendment, which will change the name of Commerce Logistics, Inc., to Commerce Transport & Logistics, Inc., have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The registered office of the corporation is located at 3156 Hwy. 51 N., Carnesville, GA 30521.
(MY15,22P2)


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