Banks County Legal Advertisements...

NOVEMBER 20, 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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Wise Estate
Notice to Debtors
and Creditors
Georgia, Banks County
All creditors of the estate of Myrtle Hulsey Wise, deceased, late of Banks County, 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 30th day of October, 2002.
John B. Wise, Executor of the Estate of Myrtle Hulsey Wise, Deceased
5625 Eden Roc Lane
Atlanta, Georgia 30342
(OC30,NV6,13,20P4)

Name Change
In the Superior Court
of Banks County
State of Georgia
Family Division
In Re: The Name Change of:
Children: Leslie Neida Colley, Savannah Lenora Colley
Petitioner: Lenora E. Stidham
Respondent: William A. Colley
Civil Action File No.: 02CV394-A
Petition to Change Names of Minor Children
Petitioner files this Petition and shows the following:
1. The following is information about the Petitioner:
Petitioner’s name: Lenora E. Stidham
Petitioner is a resident of Banks County, Georgia
2. The following is information about the Children:
The names of the minor children: Leslie Neida Colley, Savannah Lenora Colley
These minor children are residents of Banks County, Georgia
3. The relationship between the Petitioner and the minor children:
Petitioner is the mother of the minor children.
4. What do you want to change the names of the minor children to?
Petition desires to change the names of the following minor children to:
Current names of minor children to New names of minor children
Leslie Neida Colley to Leslie Neida Stidham
Savannah Lenora Colley to Savannah Lenora Stidham
(OC30,NV6,13,20P4)

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 Kimberly A. Barnes and Kevin L. Barnes to Mortgage Electronic Registration Systems, Inc., dated February 26, 2002, recorded in Deed Book 188, Page 518, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND SIXTY-ONE AND 0/100 DOLLARS ($63,061.00), 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 December, 2002, the following described property:
Exhibit “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 266th District, G.M., Banks County, Georgia, and being known and designated as Lot 10, Country Meadows East Subdivision, and being more particularly shown on a survey entitled “Survey for Mike R. Love & Debbie Lunsford Love,” dated October 8, 1997, by Patton-Patton, Inc., Chris M. Patton, Registered Land Surveyor, and recorded in Plat Book C, Page 42, in the Office of the Clerk of the Superior Court of Banks County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed.
This property is subject to Restrictive Covenants at Deed Book 150, Page 705.
Also: Less and except all that land given by Right-of-Way Deed to Banks County dated 11/12/98 and recorded at Deed Book 108, Page 743.
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 Kimberly A. Barnes and Kevin L. Barnes or a tenant or tenants and said property is more commonly known as 1165 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.
Mortgage Electronic Registration Systems, Inc., as Attorney-in-Fact for Kimberly A. Barnes and Kevin L. Barnes
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/cjc 12/3/02
Our file no. 52386902-FT5
(NV6,13,20,27B/930 6000)

Notice of Sale
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from M. Lex Burt and Gayla G. Burt to White County Bank, dated November 23, 1999, which Deed is recorded among Banks County, Georgia Records in Deed Book 151, Page 384, (transferred and assigned to Regions Bank and recorded in Deed Book 181, Page 700), said Security Deed being given to secure a Note dated November 23, 1999, in the original principal amount of Two Hundred Twenty Eight Thousand and 00/100 ($228,000.00) Dollars, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in December, 2002, (December 3, 2002) the following described property, to-wit:
All that tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia, and being known and designated as Tract 4 of High Wycombe Subdivision, Phase One, containing 3.85 acres, more or less, as shown on a plat of survey prepared for Lex Burt by Kenyon L. Miller, RLS, dated November 22, 1999, recorded in Plat Book 24, Page 149, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description.
Said property is known as 168 Whippoorwill Way, Alto, Georgia 30510, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and Regions Bank has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
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.
This 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.
The property will be sold as the property of M. Lex Burt and Gayla G. Burt, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
Regions Bank, as Attorney-in-Fact for M. Lex Burt and Gayla G. Burt
M. Keith York
Kimzey, Kimzey & York
1070 South Main Street
P.O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(NV6,13,20,27INV)

Sullens Estate
Notice to Debtors
and Creditors
All creditors of the estate of Sarah Joanne Abernathy Sullens, 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 11th day of November, 2002.
Lisa S. Bell, Executor/Administrator
4316 Wofford Road
Gainesville, GA 30507
(NV20,27,DC4,11P4)

Sullens Estate
Notice to Debtors
and Creditors
All creditors of the estate of Carl Sullens, Jr., 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 11th day of November, 2002.
Lisa S. Bell, Executor/Administrator
4316 Wofford Road
Gainesville, GA 30507
(NV20,27,DC4,11P4)

Sims Estate
Notice to Debtors
and Creditors
All creditors of the estate of Mildred Sims, 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 28th day of October, 2002.
Mazel Garrison, Executor/Administrator
440 Garrison Road
Lula, GA 30554
(706) 677-3899
(NV6,13,20,27P4)

Name Change
In the Superior Court
of Banks County
State of Georgia
File No: 02-CV-360A
Petition for Name Change
The Petition of Misty Seabolt shows the court the following:
1. Petitioner is a resident of Banks County, Georgia.
2. Petitioner seeks an Order of the Court, changing her name from Seabolt to Evans, pursuant to OCGA 19-21-1.
3. Petitioner shows that she was born May 3, 1978, and that her given name, prior to marriage, was Evans.
Petitioner prays:
That said petition be placed on the proper docket of the Superior Court,
That Petitioner’s name be changed from Seabolt to Evans,
That Notice be published in the official county newspaper.
This 5th day of November, 2002.
Misty Seabolt, Petitioner
(NV20,27,DC4,11P4)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
On December 20, 2000, Debby Woolever executed a promissory note in the original principal amount of Ninety-Eight Thousand One Hundred Twenty Dollars ($98,120.00), payable to Century South Banks of Northeast Georgia, N.A., which note was payable in monthly installments. This note contained a provision for the payment of attorney’s fees, if collected by law or through an attorney at law. In order to secure the payment of this note, Debby Woolever had executed and delivered to Century South Banks of Northeast Georgia, N.A., a Deed to Secure Debt dated December 20, 2000, and recorded at Deed Book 166, Pages 357-364, and subsequently modified by instrument recorded in Deed Book 184, Pages 860-862, of the Banks County, Georgia, Deed Records, conveying the property described in Exhibit “A”, attached to this notice.
Because Debby Woolever defaulted in fulfilling the terms of said note and Deed to Secure Debt, Branch Banking & Trust Company, as successor in interest to Century South Banks of Northeast Georgia, N.A., pursuant to the terms of said note and Deed to Secure Debt securing the same, has exercised its option and declared the entire balance due and collectible. Notice fixing the liability for attorney’s fees has been given, as is required by law.
The property will be sold as the property of Debby Woolever. To the best of the undersigned’s knowledge and belief, the party in possession of this property is Debby Woolever. The Deed to Secure Debt contains a power of sale authorizing Century South Banks of Northeast Georgia, N.A., to sell the aforesaid property in order to satisfy this debt after advertising the same once a week for four (4) weeks, and in accordance with said power of sale and by virtue thereof, Branch Bank & Trust Company, as successor in interest to Century South Banks of Northeast Georgia, N.A., will sell such property at public outcry, to the highest and best bidder for cash, on the first Tuesday in December, 2002, at the place for public sale before the Courthouse door in Banks County, Georgia, within the legal hours of sale. Such property shall be sold subject to existing liens and encumbrances, if any.
The proceeds of this sale will be used (1) to pay the expenses of said sale; (2) to pay the sum secured by said Deed to Secure Debt; (3) to pay any accrued taxes; and (4) the balance will be distributed as provided by law.
This advertisement shall run on November 6, 13, 20 and 27, 2002.
The address of the property is 784 Borders Road, Commerce, Georgia 30530.
Branch Banking & Trust Company, as Successor in Interest to Century South Banks of Northeast Georgia, N.A., as Attorney-in-Fact for Debby Woolever
By: T. Wesley Robinson
Carey, Jarrard & Walker
P.O. Box 635
Gainesville, GA 30503
(770) 534-7700
Attorney for Branch Banking & Trust Company
Exhibit “A”
All that tract or parcel of land lying and being in GMD 207, Banks County, Georgia, being Lot 11 of Hudson River Estates Subdivision, as shown on the subdivision plat recorded in Plat Book A, Page 33, Banks County, Georgia, Records, which plat is incorporated herein by reference and made a part hereof.
(NV6,13,20,27INV)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Paul D. Beasley and Gloria G. Beasley to ContiMortgage Corporation, dated May 25, 1999, and recorded in Deed Book 144, Page 598, Banks County, Georgia Records, as last assigned to Manufacturers & Traders Trust Company, One M & T Plaza, Buffalo, NY 14203-2399, Trustee for Securitization Series 1999-3, Agreement dated 6-01-99 by assignment to be recorded in Banks County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $115,650.00, with interest at the rate specified therein, there will be sold by the undersigned 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 December, 2002, to-wit: December 3, 2002, the following described property:
All that lot, tract, or parcel of land, together with improvements thereon, lying and being in the 207th District G.M., of Banks County, Georgia, approximately six (6) miles northeast of Commerce and on the East side of Highway No. 59 and being that tract of land designated as Tracts No. 4, 5 and 6, aggregating 7.07 acres, more or less, as shown in a certain plat dated July 1, 1975, by N.B. DeLoach. Said plat being recorded in Plat Book 5, Page 289, of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property.
This conveyance includes a right of easement for travel over and along the land which is designated on the aforementioned plat as a 30 foot road and this conveyance is made subject to a similar right of easement over the same land to the purchaser of each of the tracts of land numbered 1 through 30 as shown in the aforementioned plat.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 1080 Georgia Highway 59, Commerce, GA 30530 is (are): Paul D. Beasley and Gloria G Beasley or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
Manufacturers & Traders Trust Company, One M & T Plaza, Buffalo, NY 14203-2399, Trustee for Securitization Series 1999-3, Agreement dated 6-01-00, as Attorney-in-Fact for Paul D. Beasley and Gloria G. Beasley
Dene S. Perusse
Hudnall, Cohn and Abrams, P.C.
780 Johnson Ferry Road, Suite 250
Atlanta, Georgia 30342
(404) 256-1212
The law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(NV6,13,20,27INV)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (“Security Deed”) executed and delivered by Doug Anderson to Community Bank & Trust dated March 30, 1998, and recorded at Deed Book 134, Pages 62-64, of the Banks County, Georgia Real Estate Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in December, 2002, to-wit: December 3, 2002, the following described property:
All that tract or parcel of land lying and being in the Hollingsworth (1580th) GMD of Banks County, Georgia, as shown on a plat of survey for Max Lewallen and Associates for Charles Lopez under date of March 10, 1998, containing 1.00 acre and recorded in Plat Book 23, Page 91, in the Office of the Clerk of Superior Court of Banks County, with said plat being specifically incorporated herein by reference for a more complete description.
Subject to: an easement for ingress and egress as shown on the above referenced survey.
Upon information and belief, said described property is located at: 358 Otis Brown Road, Baldwin, Georgia 30511.
The debt secured by said Security Deed is evidenced by Note (the “Note”), dated March 26, 2002, in the original principal amount of $120,917.45, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the default in payment of installments owed under the note. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of Doug Anderson, the proceeds to be applied to the payment of said indebtedness, attorney’s fees (notice of intention to collect attorney’s fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record, if any.
To the best of the undersigned’s knowledge and belief, the property is in the possession of Doug Anderson and will be sold as the property of Doug Anderson.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
Community Bank & Trust, as Attorney-in-Fact for Doug Anderson
By Paul B. Smart
Hulsey, Oliver & Mahar, LLP
P.O. Box 1457
Gainesville, GA 30503
(770) 532-6312
(NV6,13,20,27B/417 5000)

Notice
In the Juvenile Court
of Banks County
State of Georgia
In the Interest of: Nicholas Weatherford, DOB: 5-23-96, Sex: Male; Ashleigh Makayla Hart, DOB: 11-29-97, Sex: Female; Children Under the Age of Eighteen
Case Numbers: 006-02J-52, 006-02J-54
Notice of Publication
To: Kenneth Dispain, Father of the Above-Named Children
By order for service by publication dated the 30th day of October, 2002, you are hereby notified that on April 29, 2002, the Banks County Department of Family and Children Services filed a Petition for Temporary Custody (Deprivation) against you as to Nicholas Weatherford. 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 of Publication.
This matter has been set for final hearing on the 28th day of January, 2003, at 11:00 a.m., at the Juvenile Court, Banks County Courthouse, Homer, Georgia.
The child or children and other parties involved may be represented by a lawyer at all stages of these proceedings. If you want a lawyer, you may choose and hire your own lawyer. If you want to hire a lawyer, please contact your lawyer immediately. If you want a lawyer but are not able to hire a lawyer without undue financial hardship, you may ask for a lawyer to be appointed to represent you. The Court would inquire into your financial circumstances and if the Court finds you to be financially unable to hire a lawyer, then a lawyer will be appointed to represent you. If you want a lawyer appointed to represent you, you must let the Court or the officer of this Court handling this case know that you want a lawyer immediately.
Witness, the Honorable Kevin Guidry, Judge of said Court, this the 30th day of October, 2002.
June Westbrook, DC
Clerk, Banks County Juvenile Court, Banks County Courthouse, Homer, Georgia
(NV6,13,20,27INV)



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