Banks County Legal Advertisements...

SEPTEMBER 11, 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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Boswell Estate
Notice to Debtors
and Creditors
All creditors of the estate of Zora Malinda 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 31st day of July, 2002.
J.R. Boswell, Executor/Administrator
P.O. Box 127
Maysville, GA 30558
(AU21,28,SE4,11P4)

Ray Estate
Notice to Debtors
and Creditors
All creditors of the estate of Leon M. Ray, 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 August, 2002.
Bonnie W. Ray
Executor/Administrator
250 Otis Ray Street
Homer, GA 30547
(AU28,SE4,11,18P4)

Hubacek Estate
Notice to Debtors
and Creditors
All creditors of the estate of Douglas “D.E.” Earl Hubacek, 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 16th day of August, 2002.
Bettie Sue Hubacek
Executor/Administrator
2607 Carson Segars Road
Gillsville, GA 30543
(AU28,SE4,11,18P4)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the Power of Sale 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, recorded in Deed Book 119, Pages 264-266, of the Deed Records of Banks County, Georgia, said Deed to Secure Debt being transferred and assigned to Ga. Mountain R.E. Consulting and Development, Inc., dated May 7, 2002, and recorded in Deed Book 192, Page 61, of the Deed Records of Banks County, Georgia, 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 October, the same being the 1st day of October, 2002, the following described property, to-wit:
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, and the holder having declared the balance of the indebtedness due, this sale will be made for the purpose of paying the same and the proceeds thereof will be applied to the payment of said indebtedness and all charges and expenses in connection with this sale under power, and the balance, if any, to be applied as by law provided.
Said property will be sold as the property of David J. Pinson, and will be sold subject to the following:
(a) Outstanding ad valorem taxes;
(b) Easements and/or restrictive covenants appearing of record.
The undersigned will execute a Deed to the Purchaser at said sale as provided in the aforementioned Deed to Secure Debt to the undersigned.
This 29th day of August, 2002.
Ga. Mountain R.E. Consulting and Development, Inc.
By: Edmund A. Waller
Attorney for Ga. Mountain R.E. Consulting and Development, Inc.
500 Spring Street, Suite 103
Gainesville, GA 30501
(770) 536-7790
(SE4,11,18,25INV)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by Tammy Williamson to Alliance Funding, a Division of Superior Bank, F.S.B dated the 18th day of August, 1999, and recorded in Deed Book 147, Page 699, Banks County, Georgia Records; as last transferred to LaSalle Bank, N.A., fka LaSalle National Bank as Trustee under the Pooling and Servicing Agreement dated 9/01/1999, Series 1999-3, the undersigned, LaSalle Bank, N.A., fka LaSalle National Bank as Trustee under the Pooling and Servicing Agreement dated 9/01/1999, Series 1999-3, pursuant to said deed and the 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 in October, 2002, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
Exhibit “A”
All that tract or parcel of land lying and being GMD 465, Banks County, Georgia, being 1.000 acre on a survey for C.H.S. Associates, Inc. being designated as Lot 11-B, survey by Donald Williams, RLS 2177, filed November 24, 1998, in Plat Book B, Page 151, Banks County, Georgia Records.
which has the property address of 340 Waterworks Road, Commerce, GA, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
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 Tammy Williamson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
LaSalle Bank, N.A., fka LaSalle National Bank as Trustee under the Pooling and Servicing Agreement dated 9/01/1999, Series 1999-3, as Attorney-in-Fact for Tammy Williamson
McCurdy & Candler, L.L.C.
By: Anthony DeMarlo, Attorney
(404) 370-7230
This law firm is acting as a debt collector and is attempting to collect a debt. Any information obtained will be used for that purpose.
(SE4,11,18,25INV)

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 Charles B. Massey, Jr. and Betty S. Foster, hereinafter referred to as Grantor, with the singular including the plural, to Ameriquest Mortgage Company recorded in Deed Book 173, beginning at Page 688, 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 October, 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 Charles B. Massey, Jr. and Betty S. Foster.
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.
Bankers Trust Company of California, N.A., as Trustee under the Pooling and Servicing Agreement, dated September 5, 2001, Amount Asset Backed Funding Corporation, Ameriquest Mortgage Company and Bankers Trust Company of California, N.A., SAND Trust 2001-1 Asset-Backed Certificates, Series 2001-1, without recourse, as Transferee and Assignee, as Attorney-in-Fact for the aforesaid Grantor
J. Michael Campbell
Attorney at Law
990 Hammond Drive
Suite 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
This law firm is attempting to collect a debt, and any information obtained will be used for that purpose.
Exhibit “A”
All that tract or parcel of land in 1464th District, G.M., Banks County, State of Georgia, as more fully described in Deed Book 55, Page 64, ID#66 038 being known and designated as metes and bounds property, all as more fully shown on plat of survey prepared for Tommy and Lou Ella Perdue, dated September 23, 1977, said plat being recorded in Plat Book 15, Page 67, and more particularly described as metes and bounds property.
(SE4,11,18,25B/372 5000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from Paul Rucker to New Century Mortgage Corporation, dated November 9, 2000, recorded in Deed Book 165, Page 241, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of FORTY-FIVE THOUSAND AND 00/100 DOLLARS ($45,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Wells Fargo Bank Minnesota, National Association, as Trustee, 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 October, 2002, the following described property:
All that tract or parcel of land lying and being in the State of Georgia, County of Banks, David’s 209 District, G.M. being described as follows:
BEGINNING at stake in North ditch of road by Garden-Thence North 66 3/4 degrees East 3.22 to a stake in field - Thence South 9 1/2 East 3.22 to stake in Woods - Thence South 66 3/4 West 3.22 to stake North of road - Thence North 9 1/2 West 3.22 to the beginning corner - Containing One Acre more or less - located about 4 miles North East of Commerce, Georgia and about half mile West of the old Cornesville, Road formerly known as the Martin Tract now Fate Rucker Home Place.
This conveyance is made subject to all zoning ordinances, easements, rights-of-way for public roads and public utilities and any restrictions of record affecting said described property.
Said property is commonly known as 209 Rucker Road, Commerce, GA 30530.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Paul Rucker or tenant(s).
Wells Fargo Bank Minnesota, National Association, as Trustee, as Attorney-in-Fact for Paul Rucker
Contact: Barrie Krumholz (ext. 378)
Morris, Schneider & Prior, L.L.C
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 035.028154\BJK
Web Site: www.foreclosures.msplaw.com
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(SE4,11,18,25B/815 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from Michael J. Watson and Susan L. Watson to Independent Realty Capital Corp., dba Independent Mortgage Company, dated April 6, 2001, recorded in Deed Book 170, Page 906, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of FIFTY-SEVEN THOUSAND AND 00/100 DOLLARS ($57,000.00) with interest thereon as provided for 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 October, 2002, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Jackson County, Georgia, consisting of 3.09 Acres, more or less, and being designated Lot 7 of Block A of Hunter’s Glen Subdivision, Phase One, and being more particularly described and delineated by plat of survey of said subdivision recorded in Plat Book 42, Page 67, Jackson County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description.
Property Address: 344 Deer Run Drive, Maysville, Georgia 30558
Property Tax#: 046-054
Said property is commonly known as 344 Deer Run Drive, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Michael J. Watson and Susan L. Watson or tenant(s).
Independent Realty Capital Corp, as Attorney-in-Fact for Michael J. Watson and Susan L. Watson
Contact: Candace Von Richter (ext. 115)
Morris, Schneider & Prior, L.L.C
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 511.027269\CMV
Web Site: www.foreclosures.msplaw.com
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(SE4,11,18,25B/815 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 October, 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
DDP/tbt 10/1/02
Our file no. 5726602-FT3
(SE4,11,18,25B/930 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Security Deed given by Donna Marie Ward Downing to Mortgage Electronic Registration Systems, Inc., dated April 13, 2001, recorded in Deed Book 170, Page 846, Banks County, Georgia Records, and Deed Book 502, Page 814, Habersham County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-FIVE THOUSAND AND 0/100 DOLLARS ($65,000.00), 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 October, 2002, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in Land Lots 185 and 186 of the 10th Land District of Banks County and Habersham County, Georgia and being more fully described according to Plat of Survey prepared by J.G. King, RLS, in April 1973, as follows: Beginning at a point on the Northwesterly right of way of Cemetery Road at a point common to lands now or formerly belonging to Connie and Fletcher Poole; thence running along the said right of way of Cemetery Road, South 20 degrees 07 minutes West 50 feet; thence continuing along said right of way South 25 degrees 20 minutes West 160.0 feet; thence continuing along said right of way South 26 degrees 10 minutes West 50.0 feet to iron pin corner; thence leaving the right of way of Cemetery Road and running North 64 degrees 40 minutes West 255.1 feet to iron point, thence North 58 degrees 40 minutes West 82.0 feet to corner; thence North 31 degrees 20 minutes East 50 feet to an iron pin; thence North 25 degrees 20 minutes East 190.5 feet to iron pin corner; thence North 38 degrees 45 minutes West 68.4 feet to iron pin corner; thence North 48 degrees 15 minutes East 51.0 feet to corner, thence South 54 degrees 33 minutes East 373.7 feet to Point of Beginning.
The plat herein above referred to is recorded among Banks County, Georgia Records in Plat Book 11, Page 194.
This is the same property as previously conveyed by Warranty Deed from Robert L. Ward and Mary A. Ward to Paul Marinelli, dated June 27, 1991 and recorded among Banks County, Georgia Records in Deed Book 66, Page 156, and also recorded among Habersham County, Georgia Records in Deed Book 273, Page 523.
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 Donna Marie Ward Downing or a tenant or tenants and said property is more commonly known as 925 Park Avenue, Baldwin, GA 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Mortgage Electronic Registration Systems, Inc., as Attorney-in-Fact for Donna Marie Ward Downing
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/jpk 10/1/02
Our file no. 51148902-FT3
(SE4,11,18,25B/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 October, 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 <http://www.foreclosurehotline.net>
DDP/yer 10/1/02
Our file no. 5266302-FT5
(SE4,11,18,25B/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 Durben E. Miller, III to Wells Fargo Home Mortgage, Inc., dated July 31, 2001, recorded in Deed Book 176, Page 315, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-EIGHT THOUSAND SIX HUNDRED AND 0/100 DOLLARS ($88,600.00), 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 October, 2002, the following described property:
Exhibit “A”
That tract or parcel of land lying and being in the 265th GMD, Banks County, Georgia, being designated as Lot 12 containing 2.00 acres as shown on a plat of survey for Mike R. Love and Debbie Lunsford Love dated October 8, 1997, revised October 29, 1997 and recorded in Plat Book B, Page 148, Banks County Records; said plat being incorporated herein by reference for a more complete description of the property. Subject to a Right-of-Way Deed to Banks County dated November 12, 1998, recorded in Deed Book 138, Page 243, Banks County Records; Subject to Declaration of Protective Covenants for Country Meadows East dated November 17, 1999, recorded in Deed Book 150, Page 704, Banks County Records.
Also conveyed herewith is a 2002 Fleetwood Spring Hill Limited 28 x 60 Manufactured home, Serial Number GAFL134AB74529 SL-12 which is attached to and made a part of the real property.
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 Durben E. Miller or a tenant or tenants and said property is more commonly known as 1164 Ervin Chambers Road, Maysville, GA 30558.
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., as Attorney-in-Fact for Durben E. Miller, III
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/sap 10/1/02
Our file no. 51505202-FT7
(SE4,11,18,25B/930 6000)

Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia
Banks County
Because of default in the payment of the indebtedness secured by a Deed to Secure Debt executed by Debra Latham and James Latham, Grantors, to Clyde Eugene Montgomery, Grantee, dated November 30, 1991, recorded in Deed Book 68, Pages 604-607, in the Office of the Clerk of Superior Court, Banks County, Georgia, the undersigned has declared the entire amount of said indebtedness due and payable and pursuant to the Power of Sale contained in said deed, will on the first Tuesday in October, 2002, during the legal hours of sale at the Courthouse door in Banks County, sell at public outcry to the highest and best bidder for cash, the following described property:
Tract I:
All that tract or parcel of land lying and being in the 465th District, G.M. of Banks County, Georgia, being designated as Lot 1 in accordance with plat of survey prepared by Max Lewallen, G.R.L.S. No. 2067, dated April 12, 1985, recorded in Plat Book 11, Page 34, Banks County, Georgia Records. For a more detailed description of said property, reference is hereby made to incorporate said plat as recorded.
Tract 2:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, containing 1.92 acres, more or less, and being designated as Lot 12 in accordance with plat of survey prepared for Eugene Montgomery dated February 5, 1986, by Max Lewallen, G.R.L.S. No. 2067, recorded in Plat Book 11, Page 149, Banks County, Georgia Records. For a more detailed description of said property, reference is hereby made to incorporate said plat as recorded.
The sale will be held subject to any outstanding and unpaid taxes and/or easements and/or restrictive covenants appearing of record.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the note secured by said Deed. Said property will be sold as the property of Debra Latham and James Latham, and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said Deed, the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Deed to Secure Debt.
Clyde Eugene Montgomery, as Attorney-in-Fact for Debra Latham and James Latham
Wanda Barnett David
P.O. Box 99
Jefferson, Georgia 30549
(SE4,11,18,25B/783 5000)

Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia
Banks County
Because of default in the payment of the indebtedness secured by a Deed to Secure Debt executed by Terry Thomas and Angie Thomas, Grantors, to Eugene and Shirley Montgomery, Grantees, dated June 26, 1998, and recorded in Deed Book 131, Page 60, in the Office of the Clerk of Superior Court, Banks County, Georgia, the undersigned has declared the entire amount of said indebtedness due and payable and pursuant to the Power of Sale contained in said deed, will on the first Tuesday in October, 2002, during the legal hours of sale at the Courthouse door in Banks County, sell at public outcry to the highest and best bidder for cash, the following described property:
All that tract or parcel of land lying and being in the 1508th G.M.D., of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on that plat of survey prepared by Max LeWallen, RLS, dated October 21, 1987, and recorded among Banks County, Georgia Records in Plat Book 13, Page 57. Said plat, being incorporated herein by reference for a more full and complete description.
Also conveyed are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above described property from U.S. Highway 441.
The sale will be held subject to any outstanding and unpaid taxes and/or easements and/or restrictive covenants appearing of record.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the note secured by said Deed. Said property will be sold as the property of Terry Thomas and Angie Thomas, and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said Deed, the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Deed to Secure Debt.
Eugene Montgomery, as Attorney-in-Fact for Terry Thomas and Angie Thomas
Wanda Barnett David
P.O. Box 99
Jefferson, Georgia 30549
(SE4,11,18,25B/783 4000)

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 Tuesday, October 1, 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 Robert Russell and William Russell, 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 his successors in title being Robert Russell and William Russell
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/CC
www.swertfeger.net
The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(SE4,11,18,25,25P4)

Trade Name
Trade Name Registration
Description of Registrant: Just Charlee’s, Inc., 182 Lake Tehama Trail, Homer, Georgia 30547.
Description of the business owned or being or to be carried on and the county in which said business is chiefly carried on: “Allen’s Fly-A-Way Duck Shooting Resort,” duck shooting in Banks County, 182 Lake Tehama Trail, Homer, GA 30547.
This registration made and filed to comply with requirements of Act of General Assembly of Georgia, approved March 29, 1937, on pages 804, 805 and 806 of Georgia Acts of 1937, and Acts amendatory thereof.
Georgia, Banks County
Personally appeared before the undersigned officer, authorized to administer oaths, Shirlene O. Allen, who being duly sworn deposes and says that the facts stated in the foregoing registration are true.
(SE4,11P2)

Bennett Estate
Notice to Debtors
and Creditors
All creditors of the estate of Elaine J. Bennett, 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 29th day of August, 2002.
Robert A. Bennett, Executor/Administrator
694 Damascus Road
Homer, GA 30547
(SE4,11,18,25P4)

Public Hearing
Notice of Public Hearing
Please take notice that the following application has been received by the Banks County Planning Office:
CU-01-18 - Application by Michael Bramonte for a conditional use permit for a game room at 113 Frontage Road. This property is zoned C-2, General Commercial.
The following ordinances will also be considered by the Banks County Planning Commission:
An Ordinance to amend Chapter 66 entitled “Signs”, Section 66-4 of the Sign Regulations of the Code of Banks County to delete the requirement for an annual renewal fee for signs 16 square feet and larger; to provide for an effective date and for other purposes.
An Ordinance to amend Article VI, Section 74-168 of the Subdivision Regulations of the Code of Banks County entitled “Right of Way on Existing Streets” to require additional right of way only when developing a Class II or Class III Subdivision; to provide for an effective date and for other purposes.
These items are on file in the office of the Banks County Planning Commission and available for public review.
The Banks County Planning Commission will hold a public hearing on the matter on Tuesday, October 1, 2002, at 7 p.m. in the courtroom located at the Banks County Courthouse in Homer, Georgia.
The Banks County Commissioners will hold a public hearing on the matter on Tuesday, October 8, 2002, at 7 p.m. in the courtroom at the Banks County Courthouse in Homer, Georgia.
Interested persons are invited to appear and comment.
This 11th day of September, 2002.
(SE11B/069 2000)

Notice
Banks Crossing Corridor Beautification & Sidewalks
Phase III
Transportation Enhancement Activity (Tea) Project
Federal Aid Project No.
STP-0002-00(246)
GDOT P.I. #0002246
Sealed proposals will be received by the Banks County Board of Commissioners, Homer, Georgia, at the Banks County Courthouse, located at 144 Yonah-Homer Road, Homer, Georgia, until 12:00 noon, October 2, 2002. The work to be done consists of the furnishing of all materials, labor and equipment for the construction of:
Banks Crossing Corridor TE Improvements, Phase 3. The project shall consist of landscape and lighting installation at various locations indicated in the plan set within the US441/corridor, extending approximately 0.75 mile north and 0.75 mile south of the I-85 interchange. There will be tree plantings, signage improvements, and wheelchair ramp installation, etc. required at various locations indicated by the landscape plan.
Plans and specifications will be available for pickup on September 11, 2002, at the office of the project design firm, Hughes, Good, O’Leary & Ryan, Inc. at 6 Executive Park Drive, Suite 300, Atlanta, GA, and will also be available at the pre-bid conference. There will be a non-refundable charge of $100.00 for the bid package. Make checks payable to Hughes, Good, O’Leary & Ryan, Inc. Bids will be opened at 12:05 p.m. on October 2, 2002, in the County Commission meeting room, Banks County Courthouse, 144 Yonah-Homer Road, Homer, Georgia.
A pre-bid conference (not mandatory) for all Bidders will be held in the County Commission meeting room, Banks County Courthouse, 144 Yonah-Homer Road, Homer, Georgia, on September 26, 2002, at 11:00 a.m. Only Bidders on record with Banks County as having received an original bid package may submit proposals.
For information, please contact Project Designer David Judd at Hughes, Good, O’Leary & Ryan, Inc. at (404) 248-1960.
(SE11,25P2)

Notice of Summons
In the Superior Court
of Banks County
State of Georgia
David Strickland, Corie Burkett, Kellie Mitchell, Plaintiffs vs. Pauline Scoggins, Defendant
Civil Action No. 02-CV-337A
To: Pauline Scoggins, Defendant Named Above:
You are hereby notified that the above-styled action seeking forfeiture of your Life estate was filed against you in said court on August 30, 2002, and that by reason of an order for service of summons by publication entered by the court on August 30, 2002, you are hereby commanded and required to file with the clerk of said court and serve upon Thomas M. Strickland, plaintiff’s attorney, whose address is P.O. Box 1149, Athens, Georgia 30603, an answer to the complaint within sixty (60) days of the date of the order for service by publication. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
Witness, the Honorable Adamson, Judge of said court.
This the 30th day of August, 2002
Jenny B. Massey, Clerk of Court
(SE11,18,25,OC2P4)

Notice
Georgia, Banks County Probate Court
Henry L. Simmons has petitioned to be appointed Administrator of the estate of Cora Lee 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 October 7, 2002. 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
(SE11,18,25,OC2P4)

Pritchett Estate
Notice to Debtors
and Creditors
All creditors of the estate of Pamela Kay Pritchett, 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 September, 2002.
Edna Pritchett, Executor/Administrator
P.O. Box 1013
Lula, GA 30554
(SE11,18,25,OC3P4)

Notice
Georgia, Banks County Probate Court
Mary L. Arnau has petitioned to be appointed Administrator of the estate of Larry James Caudell, 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 October 7, 2002. 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
(SE11,18,25,OC2P4)

Notice
Georgia, Banks County Probate Court
The petition of Vinnie J. McDonald, for a year’s support from the estate of Edward Lewis McDonald, 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 October 7, 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
(SE11,18,25,OC2P4)


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