Banks County Legal Advertisements...

JUNE 19, 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
In the Juvenile Court
of Banks County
State of Georgia
In the Interest of: Hubert John Nunns II; DOB: 2-5-85; Sex: Male, A Child Under the Age of Eighteen
Case No. 006-01J-42
Notice of Publication
To: Peggy Haynes, Mother of the Above-Named Child
By order for service by publication entered April 24, 2002, you are hereby notified that on May 11, 2002, the Banks County Department of Family and Children Services filed a Petition for Temporary Custody (Deprivation) against you as to Hubert John Nunns II. You are required to file with the Clerk of Juvenile Court, and to serve upon Petitioner’s attorney, Jeffrey K. Williams, an answer in writing within sixty (60) days of the date of the Order for Publication.
This Court will conduct a provisional hearing on the above-styled matter pursuant to O.C.G.A. §15-11-39.2 on June 3, 2002, at 1:00 p.m. in the Banks County Courthouse, Homer, Georgia. The findings of fact and interlocutory orders made shall become final without further evidence at the final hearing unless you appear at the final hearing.
This matter has been set for final hearing on July 19, 2002, at 11:00 a.m. in the Banks County Courthouse, Homer, Georgia.
In the event that you are unable to employ counsel, a right that you are entitled to, and if indigent as that term is defined under the provisions of O.C.G.A. §15-11-6, you must immediately contact the Banks County Courthouse and request the appointment of counsel to represent you in these proceedings.
Witness, the Honorable Kevin Guidry, Judge of said Court.
This the 20th day of May, 2002.
June Westbrook, Deputy Clerk
Banks County Juvenile Court
Banks County Courthouse
Homer, Georgia
(MY29,JU5,12,19INV)

Carpenter Estate
Notice to Debtors
and Creditors
All creditors of the estate of Lorene Boling Carpenter, 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 20th day of May, 2002.
Betty C. Dalton, Bill E. Carpenter, Executor/Admin-istrator
2076 Storey Lane
Jefferson, GA 30549
(MY29,JU5,12,19P4)

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 July, 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 DeWallon, Registered Land Surveyor. 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
DDP/scr 7/2/02
Our file no. CWF-00-00074-FT4
(JU5,12,19,26B/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 Michael S. Boggus and Peggy L. Boggus to Allied Mortgage Capital Corporation, dated September 29, 2000, recorded in Deed Book 163, Page 174, 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 Seventy-Two Thousand Three Hundred and 0/100 Dollars ($72,300.00), 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 July, 2002, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in the 1210 G.M.D., Banks County, Georgia, containing 1.14 acres, more or less, as shown on plat and survey of G. Brian Slate, Surveyor, dated September 22, 2000, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 25, at Page 90. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use.
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 Michael S. Boggus and Peggy L. Boggus or a tenant or tenants and said property is more commonly known as 119 Shady Grove 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.
Chase Manhattan Mortgage Corporation, as Attorney-in-Fact for Michael S. Boggus and Peggy L. Boggus
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/wha 7/2/02
Our file no. 5726602-FT3
(JU5,12,19,26B/930 6000)

Notice of Sale
Notice of Sale Under Power
Whereas, for value received, John S. Panagiotis and Allison Kelly Panagiotis, executed and delivered to nBank, N.A. f/k/a The First National Bank of Commerce, (hereinafter “nBank”), that certain promissory note, dated December 4, 1998, in the principal amount of Forty-Seven Thousand One Hundred Six and 50/100 ($47,106.50) Dollars (the “Promissory Note”), and renewed on September 25, 2001, in the principal amount of Forty-Four Thousand Two Hundred Twenty-Nine and 31/100 ($44,229.31) Dollars (the “Promissory Note”), both 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 137, Page 453, in the Office of the Clerk of the Superior Court of Banks County, Georgia (the “Deed to Secure Debt”); 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, 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 John S. Panagiotis, Allison Kelly Panagiotis and Allison Kelly Simmons the notice required by O.C.G.A. §44-14-162.2.
Now, Therefore, nBank, N.A., acting as Attorney-in-Fact for Allison Kelly Simmons, John S. Panagiotis and Kelly Panagiotis, 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 July, 2002, the following described property conveyed in the said Deed to Secure Debt, to-wit:
All that tract or parcel of land containing 13.31 acres, more or less, in the 465th District, G.M., Banks County, Georgia, and bounded now or formerly as follows: North by land of Bolton, East by lands of Cagle, South by lands of Cagle, and West by Carson Segars Road and lands of Rylee.
Said tract of land being more particularly described according to a Plat of Survey prepared by Max Lewallen, R.S., for Nell Cagle, on the 9th day of November, 1983, which plat is recorded in Plat Book 20, Page 8, Public Records of Banks County, Georgia, and is by reference incorporated herein as part of this description.
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 Allison Kelly Simmons. 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 Allison Kelly Simmons, John S. Panagiotis and Kelly Panagiotis
Matthew A. Moseley
Blasingame, Burch, Garrard, Bryant & Ashley, P.C.
Attorneys for nBank, N.A.
Post Office Box 832
Athens, GA 30603
(706) 354-4000
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(JU5,12,19,26B/510 7000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the Power of Sale contained in a Deed to Secure Debt and its modifications from Fredrick Henry Sunley and Amanda Michelle Sunley to Habersham Bank as Custodian for Harold Fletcher Self Direct IRA, dated March 6, 2002, and recorded at Deed Book 190, Pages 2-3, in the Office of the Clerk of Superior Court of Banks County, Georgia, there will be sold by the undersigned 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 in July, 2002, the following described property, to-wit:
All that tract or parcel of land lying and being in the 207th G.M., District of Banks County, Georgia, and being that 2.00 acres, more or less, designated as Tract #10-B, as more particularly shown on a plat of survey for Eugene Montgomery by G. Brian Slate, Registered Surveyor, dated August 15, 1997. Said plat is recorded in Plat Book B, Page 72, in the Clerk’s Office of the Superior Court of Banks County, Georgia. Said plat as recorded, is hereby referenced for a more detailed description.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney’s fees. This property will be sold as the property of Fredrick Henry Sunley and Amanda Michelle Sunley subject to any taxes, easements and assessments appearing of record.
To the best of the undersigned’s knowledge, the property is in the possession of Fredrick Henry Sunley and Amanda Michelle Sunley.
Habersham Bank as Custodian for Harold Fletcher Self Direct IRA, as Attorneys-in-Fact for Fredrick Henry Sunley and Amanda Michelle Sunley.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
(JU5,12,19,26B/344 4000)
Smith Estate
Notice to Debtors
and Creditors
All creditors of the estate of Heather Smith, 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.
Helen Hebert Smith, Executor/Administrator
314 Alexander Road
Commerce, GA 30530
(JU5,12,19,26P4)

Notice
Georgia, Banks County Probate Court
The petition of Helen C. Thompson, a/k/a Helen R. Thompson, for a year’s support from the estate of John J. Thompson, a/k/a John H. Thompson, Jr., 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 July 1, 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 proceeding 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
(JU5,12,19,26P4)

Divorce Notice
In the Superior Court
of Banks County
State of Georgia
Regina Keebler, Plaintiff, vs. William V. Keebler, Defendant
Civil Action File No.: 02-CV-78X
To: William V. Keebler, Defendant Named Above:
You are hereby notified that the above-styled action seeking a divorce was filed against you in said court on February 28, 2002, you are hereby commanded and required to file with the clerk of said court and serve upon Henry L. Simmons, Plaintiff’s Attorney, whose address is Post Office Box 127, #40 Hodges Street, Cornelia, Georgia 30531, an answer to the complaint within sixty (60) days of the date of the order for service by publication.
Witness the Honorable David Motes, Judge of said court.
This the 15 day of March, 2002.
June Westbrook, DC
Timothy Harper, Clerk of Court, Banks County Superior Court
(JU12,19,26,JY3P4)

Payne Estate
Notice to Debtors
and Creditors
All creditors of the estate of Kenneth Samuel Payne, 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 3rd day of June, 2002.
Sherry Payne, Executor/Administrator
P.O. Box 859
Homer, GA 30547
(JU12,19,26,JY3P4)

Boswell Estate
Notice to Debtors
and Creditors
All creditors of the estate of Glynn Boswell, 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 June, 2002.
J.R. Boswell, Executor/Administrator
P.O. Box 127
Maysville, GA 30558
(JU12,19,26,JY3P4)

Public Hearing
Notice of Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office:
CU-02-13- Application by James Wheelus Jr. for a conditional use permit to move a 1993 manufactured home to Rattletrap Road. This property is zoned ARR, Agricultural, Rural-Residential.
CU-02-14- Application by Chad and Sabrina Johnson for a conditional use permit for a deer processing cooler as a home occupation at 974 Ga. Hwy. 105. This property is zoned ARR, Agricultural, Rural-Residential.
V-02-04- Application by Barnes’ Quality Signs for a variance to construct an 85 foot on-site sign at 157 Steven B. Tanger Blvd. This property is zoned C-2, General Commercial.
The following ordinances will also be considered:
An Ordinance to delete Section 407 entitled “Height Limitation” of the Zoning Regulations of the Code of Banks County and to insert in lieu thereof a new Section 407 with the same name for the purpose of Changing the Height Limitation for Buildings or Structures; to delete Section 410 entitled “Separation Between Principal Buildings” in its entirety so as to reserve this Section for future use; to amend Section 413 entitled “Minimum Lot Size and Proportions” of the Zoning Regulations of the Code of Banks County by making reference to see specific Zoning Districts for minimum lot size and proportions; to delete Paragraph 503.3 of Section 503 entitled “Conditional Use” of the Zoning Regulations of the Code of Banks County in its entirety and to insert in lieu thereof a new Paragraph 503.3 for the purpose of changing the total number of acres remaining of the original tract after subdividing said tract; to delete Section 701 (A) entitled “Purposes and Intent” of the Zoning Regulations of the code of Banks County in its entirety and to insert in lieu thereof a new section 701 (A) with the same name for the purpose of setting forth the acreage for rezoning to R-1, District; to delete Section 1001 entitled “Purpose and Intent” of the Zoning Regulations of the Code of Banks County in its entirety and to insert in lieu thereof a new Section 1001 with the same name for the purpose of providing a buffer for buildings and structures from all property lines and property lines of adjacent property not zoned M-1 Industrial District; Paragraph 503.2 of Section 503 entitled “Conditional Uses,” to delete Paragraph 603.2 of Section 603 entitled “Conditional Uses,” Paragraph 903.29 of Section 903 entitled “Conditional Uses” and Paragraph 1003.14 of Section 1003 entitled “Conditional Uses” of the Zoning Regulations of the Code of Banks County, Georgia, in each paragraph’s entirety and to insert in lieu thereof a new paragraph with the same number for the purpose of setting forth the requirements for antennae and towers; to amend Article X Section 1003, Paragraph 1003.12, to provide for fencing and setbacks; to provide for an effective date and for other purposes.
An ordinance to delete Paragraph (D)(2) of Section 50-6 of the Code of Banks County, Georgia, and to insert in lieu thereof a new Paragraph (D)(2) of Section 50-6 for the purpose of setting forth additional conditions to be met for moving or relocating a mobile home or manufactured home that is more than seven years old in Banks County; to delete Paragraph (D)(3) of Section 50-6 of the Code of Banks County and to insert in lieu thereof a new paragraph (D)(3) of Section 50-6 for the purpose of setting forth the fees and inspection procedures prior to any building permit to relocate a mobile home or manufactured home that is more than seven years old in Banks County is issued; to delete Paragraph (B) of Section 50-8 of the Code of Banks County, Georgia, and to insert in lieu thereof a new paragraph (B) to set forth the time period requirement in which the space beneath each mobile home or manufactured home shall be enclosed; to delete Paragraph (A) entitled “Foundation” of Section 50-9 of the Code of Banks County, Georgia, in its entirety and to insert in lieu thereof a new paragraph (A) with the same name for the purpose of setting forth the process of inspection for the foundation of mobile homes and manufactured homes; to delete paragraph (B) entitled “Plumbing” of Section 50-9 of the Code of Banks County, Georgia, in its entirety and to insert in lieu thereof a new paragraph (B) for the purpose of setting forth the process of inspection for the plumbing system of mobile homes and manufactured homes; to delete Paragraph (C)(2) j of Section 50-9 of the Code of Banks County, Georgia, in its entirety and to insert in lieu thereof a new paragraph (C)(2) for the purpose of setting forth additional requirements for the inspection of stairs and landings for mobile homes and manufactured homes; to delete paragraph (F) Section 50-9 of the Code of Banks County, Georgia, in its entirety and to insert in lieu thereof a new Paragraph (F) for the purpose of setting forth the requirements for obtaining a permanent power and occupancy permit; to provide for an effective date and for other purposes.
An ordinance to delete Paragraph “K” of Section 74-100 entitled “Final Plat Specification” of the Code of Banks County in its entirety and to insert in lieu thereof a new Paragraph “K” of Section 74-100 for the purpose of changing the word “River Front Lot” to “Water Front Lot”; to amend Section 74-100 entitled “Final Plat Specification” of the Code of Banks County by renumbering Paragraph O, Subparagraphs (4), (5), (6) and (7) to (3), “Final Plat Specifications” by creating additional paragraphs for information to be provided on a final plat; to delete Paragraph 74-167 (1)(a) of Section 74-167 entitled “Street Right of Way” of the Code of Banks County in its entirety and inserting in lieu thereof a new Paragraph 74-167(1)(a) of Section 74-167 for the purpose of changing the minimum right of way from 60 feet to 80 feet; to amend Section 74-168 entitled “Additional Width on Existing Streets” of the Code of Banks County by deleting the name of said section and inserting in lieu thereof a new name for Section 74-168 entitled “Right of Way on Existing Streets”; to provide for an effective date and for other purposes.
An ordinance to amend Article III, Section 62-63 (d) of the Zoning Regulations of the Code of Banks County to require that numbers on structures shall be at least three (3) inches high; 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 Monday, July 8, 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, July 9, 2002, at 7 p.m. in the superior courtroom at the Banks County Courthouse.
Interested persons are invited to appear and comment.
This 19th day of June, 2002.
(JU19B/069 13000)

Inc. Notice
Notice of Intent
to Incorporate
Notice is given that Articles of Incorporation, which will incorporate Scales Creek Condominium Association, Inc., a Non-Profit Georgia Corporation, will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code (O.C.G.A. Section 14-3-202.1).
The initial registered office of the corporation will be 474 Scales Creek Road, P.O. Box 890, Homer, Georgia 30547, and its initial registered agent at such address is Don M. Rains.
(JU19,26P2)


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