Banks County Legal Advertisements...

JUNE 26, 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 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
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)

nc. Notice
Notice of Intent
to Incorporate
Notice is given that Articles of Incorporation, which will incorporate P&B Farms, Inc., will be delivered to the Secretary of State for filing in accordance with the Georgia Corporation Code.
The initial registered office of the corporation will be located at 433 Roy Poole Road, Homer, Georgia 30530, and its initial registered agent at such address is James M. Blackburn.
(JU26,JY3P2)

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)

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)

Name Change
In the Superior Court
of DeKalb County
State of Georgia
In Re: Petition of Tami Hutchins, for Name Change of Minor Child
Civil Action File No.: 00CV11552-10
Order for Publication
Plaintiff, having moved the Court for an Order directing service to be made upon Jarvis Crowe, the natural parent of Christina Dawn Crowe, in the foregoing Complaint for Name Change, by Publication of Summons, and it appearing from the Affidavit attached thereto that the natural parent cannot be found within the state, it is
Ordered, that service be made by publication as provided by law.
This 25th day of September, 2001.
Anne Workman, Judge, Superior Court
Prepared by: Mark R. Gaffney, Attorney for Petitioner
Georgia State Bar No. 281926
P.O. Box 2350
Stone Mountain, GA 30086-2350
(770) 879-7434
(JU26,JY3,10,17P4)

Name Change
Notice of Petition to
Change Names
In the Superior Court
of Banks County
State of Georgia
In Re: Grayson Beth Norris and Kelsie Gladys Norris
Civil Action No. 02-CV-236A
Heather L. Boyd, Petitioner
Brian M. Sargent, Respondent
Notice is given that the undersigned filed her petition to the Superior Court of Banks County, Georgia, on the 20th day of June, 2002, praying for a change of names as follows:
1. That the name of Grayson Beth Norris be changed to Grayson Beth Boyd.
2. That the name of Kelsie Gladys Norris be changed to Kelsie Michelle Boyd.
Notice is given pursuant to law to any interested or affected party to appear in said Court and to file objections to such name changes. Objections must be filed with said Court within thirty (30) days of the filing of said petition.
This the 17th day of June, 2002.
Heather Boyd, Petitioner
(JU26,JY3,10,17P4)

Poole Estate
Notice to Debtors
and Creditors
All creditors of the estate of Barbara N. Poole, 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 14th day of June, 2002.
James M. Blackburn, Executor
433 Roy Poole Road
Commerce, GA 30530
(JU26,JY3,10,17P4)

Trade Name
Application to Register a Business to Be Conducted Under a Trade Name
State of Louisiana
Parish of East Baton Rouge
The undersigned hereby certifies that it is conducting a business at 11929 Augusta Road, in the City of Lavonia, County of Banks, State of Georgia, under the name: “Tugaloo Home Health,” and that the type of business to be conducted is home health care services and that said business is composed of the following corporation: Amedisys Home Health, Inc. of Georgia, 11100 Mead Road, Suite 300, Baton Rouge, LA 70816.
This affidavit is made in accordance with the Act of the Georgia Legislature approved August, 1929; amended March, 1939; and March, 1943.
Amedisys Home Health, Inc. of Georgia
Larry R. Graham, President, Applicant
(JU26,JY3P2)

Trade Name
Application to Register a Business to Be Conducted Under a Trade Name
State of Louisiana
Parish of East Baton Rouge
The undersigned hereby certifies that it is conducting a business at 11929 Augusta Road, in the City of Lavonia, County of Banks, State of Georgia, under the name: “Tugaloo Home Care,” and that the type of business to be conducted is home health care services and that said business is composed of the following corporation: Amedisys Home Health, Inc. of Georgia, 11100 Mead Road, Suite 300, Baton Rouge, LA 70816.
This affidavit is made in accordance with the Act of the Georgia Legislature approved August, 1929; amended March, 1939; and March, 1943.
Amedisys Home Health, Inc. of Georgia
Larry R. Graham, President, Applicant
(JU26,JY3P2)

Trade Name
Application to Register a Business to Be Conducted Under a Trade Name
State of Louisiana
Parish of East Baton Rouge
The undersigned hereby certifies that it is conducting a business at 11929 Augusta Road, in the City of Lavonia, County of Banks, State of Georgia, under the name: “Home Health of Tugaloo,” and that the type of business to be conducted is home health care services and that said business is composed of the following corporation: Amedisys Home Health, Inc. of Georgia, 11100 Mead Road, Suite 300, Baton Rouge, LA 70816.
This affidavit is made in accordance with the Act of the Georgia Legislature approved August, 1929; amended March, 1939; and March, 1943.
Amedisys Home Health, Inc. of Georgia
Larry R. Graham, President, Applicant
(JU26,JY3P2)

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