Banks County Legal Advertisements...

JANUARY 8, 2003

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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Tankersley Estate
Notice to Debtors
and Creditors
All creditors of the estate of Robert Ray Tankersley, 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 13th day of December, 2002.
Misty Kirby, Executor/Administrator
7845 Jot Em Down Road
Gainesville, GA 30506
(DC25,JA1,8,15P4)

Notice of Sale
Notice of Sale Under Power
WHEREAS, for value received, K. Scott Llewallen executed and delivered to nBank, N.A., f/k/a The First National Bank of Commerce, that certain promissory note, dated May 8, 2001, in the principal amount of Thirty-Five Thousand Eight Hundred Seven and 87/100 ($35,807.87) Dollars (the “Promissory Note”), with the Promissory Note being secured by a Deed to Secure Debt, conveying certain real estate located in Banks and Jackson Counties, Georgia, said Deed to Secure Debt being recorded in Deed Book 97, Pages 23 through 25, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and Deed Book 14-R, Pages 530 through 532, in the Office of the Clerk of the Superior Court of Jackson County, Georgia (the “Deed to Secure Debt”) and Modification Agreements thereto; 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, the 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, the failure to pay property taxes and the transfer of the property without nBank, N.A.’s consent; and
WHEREAS, nBank, N.A., has forwarded to K. Scott Llewallen the notice required by O.C.G.A. § 44-14-162.2.
NOW, THEREFORE, nBank, N.A., acting as attorney in fact for K. Scott Llewallen, 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 February, 2003, the following described property conveyed in the said Deed to Secure Debt, to-wit:
ALL that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and the 255th District, Jackson County, Georgia, being shown and designated as TRACT NO. 4, containing 14.12 acres, more or less, and having such areas, courses, directions, dimensions, distances, metes, shapes, and bounds as shown by plat made by Clelland A. Tyson, Surveyor, dated April 23, 1993, recorded in Plat Book 18, at Page 14, records of Banks County, Georgia and Plat Book 40, at Page 207, records of Jackson County, Georgia, to which reference is made and the description and record thereof incorporated herein as a part of this description by reference thereto.
Said property lies within the corporate limits of Maysville, Georgia.
This property is conveyed subject to any and all easements and rights of way of record.
Said property is conveyed subject to the following:
1. No home less than 1500 square foot may be erected.
2. There shall be no modular homes or mobile homes on said
property.
3. The no poultry or hog operations shall be erected or operated
on said property.
The above described tract of land being a portion of the property conveyed to Tommy Watkins Construction Company, Inc. from Arthur Dean Sears and Virginia Sears Land in Warranty Deed dated July 17, 1992, recorded in Deed Book 73, at Page 121, Banks County Records and Deed Book 12-O, at Page 7, Jackson County Records.
Of the property conveyed, 0.91 acre lies in Banks County and 13.21 acres lies in Jackson County.
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 K. Scott Llewallen. 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 K. Scott Llewallen
Matthew A. Moseley
Blasingame, Burch, Garrard, Bryant & Ashley, P.C.
Attorneys for nBank, N.A.
Post Office Box 832
Athens, Georgia 30603
(JA8,15,22,29B/510 8000)

Notice of Sale
Notice of Sale Under Power
WHEREAS, for value received, Ambray Sorrow and Irene Sorrow executed and delivered to nBank, N.A., f/k/a The First National Bank of Commerce, that certain promissory note, dated April 25, 2001, in the principal amount of Thirty-Five Thousand Six Hundred One and 64/100 ($35,601.64) Dollars (the “Promissory Note”), with the Promissory Note 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 128, Pages 622 through 624, in the Office of the Clerk of the Superior Court of Banks County, Georgia (the “Deed to Secure Debt”) and Modification Agreement thereto being recorded in Deed Book 172, Pages 438 through 439, in the Office of the Clerk of the Superior Court of Banks County, Georgia; 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, the 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 Ambray Sorrow and Irene Sorrow the notice required by O.C.G.A. § 44-14-162.2.
NOW, THEREFORE, nBank, N.A., acting as Attorney-in-Fact for Ambray Sorrow and Irene Sorrow, 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 February, 2003, the following described property conveyed in the said Deed to Secure Debt, to-wit:
ALL that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 1.43 acres, more or less, as more particularly shown on a plat of survey prepared for Ambray & Irene Sorrow by Venable & Associates, Inc., Registered Surveyor, dated February 27, 1992, recorded at Plat Book 16, Page 235, 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 Northeast by U.S. Highway 441 (100 foot right of way); on the Southeast by lands of Upchurch; on the Southwest by lands of Wilson; and on the Northwest by lands of Nix.
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 Ambray Sorrow and Irene Sorrow. 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 Ambray Sorrow and Irene Sorrow
Matthew A. Moseley
Blasingame, Burch, Garrard, Bryant & Ashley, P.C.
Attorneys for nBank, N.A.
Post Office Box 832
Athens, Georgia 30603
(706) 354-4000
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(JA8,15,22,29B/510 7000)

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 that certain Security Deed, dated May 16, 2002, executed by Ryan F. Quirk to Southtrust Mortgage Corporation, D/B/A Equibanc Mortgage, recorded in Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $71,250.00, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in February, 2003, to-wit: February 4, 2003, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Tract 1 on a plat of survey prepared for David Jones, Jr., by Max LeWallen, Registered Surveyor, dated August 11, 1986, recorded at Plat Book 11, Page 201, 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.
The aforedescribed real property is also known as 1235 Fort Lamar Road, Commerce, Georgia, according to the present system of numbering houses in Banks County, Georgia.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, convenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of Ryan F. Quirk 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 Security Deed, and the excess proceeds, if any, will be distributed as provided by law.
Southtrust Mortgage Corporation, as Attorney-in-Fact for Ryan F. Quirk
David W. Adams, Esquire
Ellis, Painter, Ratterree & Bart LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
(JA8,15,22,29B/1328 5000)

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 Louise Lewallen to The Dime Savings Bank of New York, FSB, D/B/A National Mortgage Investments Co. dated January 19, 1996, and recorded in Deed Book 103, Page 703, as modified at Deed Book 150, Page 369, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Fleet Mortgage Corp., now Washington Mutual Bank, FA, by Assignment dated January 19, 1996, and recorded in Deed Book 105, Page 564, aforesaid records, securing a Note in the original principal amount of $68,098.00, 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, February 4, 2003, 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 G.M.D. 912, Banks County, Georgia, being 1.02 acres, more or less, on plat of survey for Louise Lewallen, dated December 27, 1995, prepared by William C. Ellis, Georgia Registered Land Surveyor, and being more particularly described as follows:
Beginning at the intersection of the southwesterly right of way of Yonah Homer Highway and the southeasterly right of way of a dirt road known as Echols Road running thence along the Yonah Homer Highway south 45 degrees 51 minutes 53 seconds east 165.93 feet to an iron pin; thence continuing along said right of way along an arc having a chord bearing of south 39 degrees 26 minutes 06 seconds east and a chord distance of 152.97 feet to an iron pin; thence continuing along said right of way south 33 degrees 00 minutes 19 seconds east 31.93 feet to an iron pin; thence north 87 degrees 59 minutes 54 seconds west 63.07 feet to an iron pin; thence south 88 degrees 45 minutes 15 seconds west 83.31 feet to an iron pin on the Old Yonah Road; thence north 69 degrees 58 minutes 17 seconds west 85.92 feet, and north 64 degrees 17 minutes 33 seconds west 112.63 feet along Old Yonah Road to the southwesterly right of way of Echols Road; thence along Echols Road north 10 degrees 58 minutes east 39.40 feet to an iron pin; thence continuing along said right of way of Echols Road along an arc having a chord bearing of north 23 degrees 44 minutes 51 seconds east and chord distance of 67.67 feet to an iron pin; thence continuing along Echols Road north 36 degrees 31 minutes 23 seconds east 101.02 feet to the point of beginning.
Said property is known as 303 Yonah Homer Road, Lula, GA 30554, 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 Louise Lewallen, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Louise Lewallen, 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.
Washington Mutual Bank, Fa f/k/a Washington Mutual Home Loans, Inc., Successor By Merger In Interest to Fleet Mortgage Corp., as Attorney-in-Fact for Louise Lewallen
File No. 01-3334
L.J. Swertfeger, Jr.
Shapiro & Swertfeger
Attorneys and Counselors at Law
3300 Northeast Expressway
Suite 5-C
Atlanta, Georgia 30341-3941
(770) 220-2730/HG
www.swertfeger.net
The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(JA8,15,22,29B/1323 8000)

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 Patricia Marie Gosnell to NMC Mortgage Corporation, dated January 25, 1999, and recorded in Deed Book 139, Page 441, Banks County, Georgia Records, as last assigned to National Mortgage Corporation 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 $59,495.00, 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 February, 2003, to-wit: February 4, 2003, the following described property:
All that tract or parcel of land lying and being in Land Lot 1580th (Hollingsworth) District, G.M. Banks County, Georgia, being Lot 5A, containing 1.028 acres, as shown in that certain survey for C.H.S. Associates, Inc., dated March, 1997, prepared by North-Central Land Surveying, certified by Roy A. Terrell, Ga. RLS No. 1700 which plat is recorded in Plat Book 21, Page 190, Banks County Georgia Deed Records. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Also Conveyed is a perpetual non-exclusive easement for ingress from U.S. Hwy. 441 to the Northerly boundary line of the above described property being thirty (30) feet in width and being shown on plat recorded in Plat Book 13, Page 57, Banks County, Georgia Deed Records. The purpose of the easement is for vehicular and pedestrian traffic and any and all utilities to serve the subject property.
Also included is one 1998 Buckaneer Mobile Home #albos3W08970963A&B.
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 230 Burma Road, Alto, GA 30510 is (are): Patricia Marie Gosnell 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.
National Mortgage Corporation, as Attorney-in-Fact for Patricia Marie Gosnell
Dene S. Perusse
Hudnall, Cohn and Abrams, P.C.
780 Johnson Ferry Road, Suite 250
Atlanta, Georgia 30342
(404) 256-1212
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(JA8,15,22,29B/1322 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 Rhonda Hudson to ABN Amro Mortgage Group, Inc., dated January 18, 2002, recorded in Deed Book 186, Page 883, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. 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-Six Thousand and 0/100 Dollars ($76,000.00), 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 February, 2003, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in 265 GMD of Banks County, Georgia and being Lot 7 as shown by a plat of survey by Chris M. Patton, R.S., dated October 6, 1997, revised October 29, 1997, revised October 29, 1997, and recorded in Plat Book “B” Page 148 of the Banks County, Georgia Deed Records. Reference to said plat and the description contained therein being incorporated herein by reference for a full complete description thereof. Said parcel is subject to the restrictive covenants and easements of record.
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 Rhonda Hudson or a tenant or tenants and said property is more commonly known as 1174 Ervin Chambers, 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 Rhonda Hudson
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 2/4/03
Our file no. 52713702-FT7
(JA8,15,22,29B/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 Rhonda Hudson to ABN Amro Mortgage Group, Inc., dated January 18, 2002, recorded in Deed Book 186, Page 905, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. 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 Thousand and 0/100 Dollars ($70,000.00), 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 February, 2003, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in 265 GMD of Banks County, Georgia and being Lot 8 as shown by a plat of survey by Chris M. Patton, R.S., dated October 6, 1997, revised October 29, 1997, recorded in Plat Book “B”, Page 148, of the Banks County, Georgia Deed Records. Reference to said plat and the description contained therein being incorporated herein by reference for a full complete description thereof. Said parcel is subject to the restrictive covenants and easements of record.
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 Rhonda Hudson or a tenant or tenants and said property is more commonly known as 1172 Ervin Chambers, 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 Rhonda Hudson
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/anc 2/4/03
Our file no. 52791502-FT7
(JA8,15,22,29B/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 James Hayden and Marilyn Hayden to Hamilton Financial Services, dated September 28, 2000, recorded in Deed Book 163, Page 93, Banks County, Georgia Records, as last transferred to Chase Manhattan Mortgage Corporation by assignment recorded in Deed Book 174, Page 757, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Ninety-Seven Thousand Five Hundred Six and 0/100 Dollars ($97,506.00), 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 February, 2003, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in GMD 265 of Meadows East, and being Lot 16, Banks County, Georgia, as per plat recorded in Plat Book B, Page 148, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
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 James Hayden and Marilyn Hayden or a tenant or tenants and said property is more commonly known as Lot 16 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.
Chase Manhattan Mortgage Corporation, as Attorney-in-Fact for James Hayden and Marilyn Hayden
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/mcl 2/4/03
Our file no. 52924702-FT3
(JA8,15,22,29B/930 5000)

Notice of Sale
Georgia, Banks County
Whereas, heretofore on July 13, 1983, Jerry McCoy did execute and deliver to Cornelia Bank, N/K/A Community Bank & Trust, a certain Deed to Secure Debt recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 29, Page 66, and modified by Additional Loan Agreement executed by Jerry McCoy to Community Bank & Trust, dated March 2, 1999, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 141, Page 208, conveying the following described property, to-wit:
All that tract or parcel of land lying and being in the 912th (Poplar Springs) G.M.D. of Banks County, Georgia, and being more fully described according to plat of survey by James A. Long, R.S., dated October 12, 1982, containing 11.06 acres, and being more fully described as follows: Beginning at an iron pin common to property now or formerly owned by Davis and a private drive which runs in an easterly direction from Garrison Shoals Road; thence in a southerly direction 9 feet from said iron pin to a point in the center of said private drive, the True Point of Beginning; thence along and with said private drive the following courses and distances: South 86° 50’ West 110.76 feet; North 85° 01’ West 79.69 feet; South 82° 10’ West 126.85 feet; South 66° 28’ West 170.99 feet; South 46° 31’ West 137.66 feet; South 35° 56’ West 226.78 feet; South 65° 00’ West 69.78 feet; North 83° 34’ West 131.18 feet; South 72° 06’ West 118.15 feet; South 77° 08’ West 138.22 feet; and South 71° 57’ West 117.81 feet to a point on Garrison Shoals Road; thence along and with Garrison Shoals Road North 61° 10’ West 71.49 feet to property now or formerly owned by Ayers; thence along and with a fence on the property line of Ayers North 53° 23’ East 102.24 feet; North 50° 49’ East 244.76 feet; North 51° 26’ East 250.45 feet to a point located at the beginning of a branch; thence along and with the centerline of said branch the following courses and distances: North 58° 54’ East 113.90 feet; North 60° 43’ East 34.31 feet; North 47° 00’ East 133.0 feet; North 52° 04’ East 147.06 feet; North 56° 53’ East 89.64 feet; North 16° 41’ East 82.19 feet; North 53° 52’ East 103.36 feet; North 34° 58’ East 88.37 feet; North 17° 53’ East 84.75 feet; North 29° 01’ East 45.09 feet; North 84° 07’ East 82.78 feet; North 81° 14’ East 109.62 feet; South 66° 30’ East 101.21 feet; South 69° 38’ East 70.94 feet; and North 74° 28’ East 44.99 feet; thence 4 feet to an iron pin with the property of Davis; thence along and with the property line of Davis South 16° 45’ West 558.67 feet to an iron pin the Point of Beginning.
The above described property is the same property conveyed by warranty deed from S.S. Davis to C.J. Smelley and Mrs. C.J. Smelley, dated September 19, 1949, and recorded in the Deed Records of Banks County in Deed Book DD, Page 531.
The above described land will be sold subject to all unpaid taxes.
Whereas, the Note secured by said Deed to Secure Debt has become in default as to payment of the principal and interest, and Community Bank & Trust, f/k/a Cornelia Bank, has given notice of its intention to foreclose said Deed to Secure Debt and claim attorney’s fees as provided in said Note and Deed to Secure Debt;
Now, Therefore, according to the terms of said Deed to Secure Debt and the laws in such cases made and provided, the undersigned will expose for sale to the highest and best bidder for cash the above described land, after proper advertisement, on the first Tuesday in February, 2003, between the legal hours of sale before the Courthouse door in Homer, Banks County, Georgia. The proceeds from said sale will be used first to pay the costs and expenses of said sale, second to pay the indebtedness secured by said Deed to Secure Debt, and the balance, if any, delivered to the persons legally entitled thereto.
Please be advised that Adams, Ellard & Frankum, P.C., is retained counsel for Community Banks & Trust regarding the above referenced matter. All information obtained will be used for the purpose of collecting the referenced debt.
This 8th day of January, 2003.
Community Bank & Trust (f/k/a Cornelia Bank), as Attorney-in-Fact for Jerry McCoy
(JA8,15,22,29P4)

Sheriff’s Sale
Ms. Margaret Ausburn
Ex-Officio Sheriff
State of Georgia
County of Banks
Under and by virtue of certain tax Fi.Fa.’s issued by the Tax Commissioner of Banks County, Georgia, in favor of the State of Georgia and County of Banks, against the following named persons and the property as described immediately below their respective name(s).
There will be sold for cash or certified funds at public outcry, before the Courthouse door in Homer, Banks County, Georgia, between the legal hours of sale, on the first Tuesday in February, 2003, the same being February 4, 2003.
The following property will be sold between the legal hours of sale, 10:00 a.m. and 4:00 p.m. The properties listed below and described, or as much thereof as will satisfy the State and County tax execution on the respective individual, will be sold. The properties hereinafter described have been levied on as the property of the persons whose names immediately proceed the property description. Each of the respective parcels of property are located in Banks County, State of Georgia. The years for which said Fi.Fa.’s are issued and levied are stated below the name of the owner in each case.
This is a buyer beware sale and all property will be sold as is. The Tax Commissioner makes no warranty, neither expressed nor implied, as to title.
Properties are sold under the power of a tax sale deed with specific rights of redemption.
Each defendant and tenant in possession, if applicable, has been notified of levy time and place of sale. Purchaser shall pay for title, all transfer cost, all taxes, advertising cost and recording fees. Pursuant to Georgia Law, payment will be required within two (2) hours of the completion of the tax sale. In the event a bid is not properly paid, the property shall be re-offered at 2:00 p.m. on the day of the sale, or the following day that being February 5, 2003.
Case # 1
Defendant in Fi.Fa.: Anderson, Doug
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 40-051A
Property Description: All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, being 1.00 acres as shown in Plat Book 23, Page 91.
Reference Deed: 134/61
Tax Years Due: 1999-2001
Case # 2
Defendant in Fi.Fa.: Ayers, Dean James & Kristy
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 41-044B
Property Description: All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, being 1.49 acres, as shown in Plat Book 19, Page 43.
Reference Deed: 90/553
Tax Years Due: 1999-2001
Case # 3
Defendant in Fi.Fa.: Campbell, Eugene C. Estate, IN REM, All Heirs Known and Unknown
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 52-004
Property Description: All that tract or parcel of land lying and being in the 265th GMD of Banks County, Georgia, being 1.0 acres, more or less, as described in Deed Book LL, Page 387.
Reference Deed: LL/387
Tax Years Due: 1998-2001
Case # 4
Defendant in Fi.Fa.: Caudell & White Properties, LLC
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 23A-043
Property Description: All that tract or parcel of land lying and being in the 208th GMD of Banks County, Georgia, being 9.23 acres, more or less, being that 10.869 acre tract shown in Plat Book B, Page 64, less and except that 1.641 acre tract shown in Plat Book 23, Page 78.
Reference Deed: 118/473
Tax Years Due: 1999-2001
Case # 5
Defendant in Fi.Fa.: Craig, Bobby Wayne & Theresa Ann
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 11-020B
Property Description: All that tract or parcel of land lying and being in the 207th GMD of Banks County, Georgia, being 12.41 acres, being Tract 2 as shown in Plat Book 11, Page 7.
Reference Deed: 36/302
Tax Years Due: 1998-2001
Case # 6
Defendant in Fi.Fa.: Evans, Mary Ruth Pruitt
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 15-027A
Property Description: All that tract or parcel of land lying and being in the 284th GMD of Banks County, Georgia, being 7.28 acres, being Tract 3 as shown in Plat Book 16, Page 241.
Reference Deed: 70/259
Tax Years Due: 1999-2001
Case # 7
Defendant in Fi.Fa.: Gray, Douglas & Lila
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 36A-014
Property Description: All that tract or parcel of land lying and being in the City of Homer, in the 265th GMD of Banks County, Georgia, being Lot 21 as shown in Plat Book 3, Page 60.
Reference Deed: 95/117
Tax Years Due: 1999-2001
Case # 8
Defendant in Fi.Fa.: Greenway, Mary Louise
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 61-001
Property Description: All that tract or parcel of land lying and being in the 1464th GMD of Banks County, Georgia, being 2.735 acres as shown in Plat Book 16, Page 224.
Reference Deed: 69/569 & 70/257
Tax Years Due: 1999-2001
Case # 9
Defendant in Fi.Fa.: Masters, Buddy Leon
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 61-013B
Property Description: All that tract or parcel of land lying and being in the 1464th GMD of Banks County, Georgia, being 3.17 acres as shown in Plat Book 10, Page 151.
Reference Deed: 34/165
Tax Years Due: 1999-2001
Case # 11
Defendant in Fi.Fa.: Osborn, Donna
Current Record Holder: Montgomery, Eugene & Shirley
Map/Parcel # 23-009
Property Description: All that tract or parcel of land lying and being in the 207th GMD of Banks County, Georgia, being 3.96 acres, being Lot 21-A as shown in Plat Book 9, Page 118.
Reference Deed: 187/841
Tax Years Due: 1999-2001
Case # 12
Defendant in Fi.Fa.: Pruitt, Ronald Estate, IN REM, All Heirs Known and Unknown
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 15-027B
Property Description: All that tract or parcel of land lying and being in the 284th GMD of Banks County, Georgia, being 7.28 acres, being Tract 4 as shown in Plat Book 16, Page 241.
Reference Deed: 70/258 & 70/261
Tax Years Due: 1995-2001
Case # 13
Defendant in Fi.Fa.: Reed, Brandi Lena
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 67-094A
Property Description: All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia, being 1.00 acres, being Lot 2 as shown in Plat Book 20, Page 110.
Reference Deed: 124/616
Tax Years Due: 1999-2001
Case # 14
Defendant in Fi.Fa.: Roper, Milessa
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 26-037A
Property Description: All that tract or parcel of land lying and being in the 1210th GMD of Banks County, Georgia, being 6.64 acres as shown in Plat Book 17, Page 205.
Reference Deed: 77/761
Tax Years Due: 1999-2001
Case # 15
Defendant in Fi.Fa.: Rucker, Phillip
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 21-014
Property Description: All that tract or parcel of land lying and being in the 207th GMD of Banks County, Georgia, being 1.00 acres as shown in Plat Book 21, Page 81.
Reference Deed: 9/174
Tax Years Due: 1999-2001
Case # 17
Defendant in Fi.Fa.: Wiggins, Diana & Gregory
Current Record Holder: Same as Defendant in Fi.Fa.
Map/Parcel # 10-002B
Property Description: All that tract or parcel of land lying and being in the 207th GMD of Banks County, Georgia, being 6.31 acres, more or less, being Lot 6 as shown in Plat Book A, Page 33.
Reference Deed: 96/186
Tax Years Due: 1999-2001
(JA8,15,22,29B/620 14000)

Notice
Notice of Property
Tax Increase
The Banks County Commissioners has tentatively adopted a millage rate which will require an increase in property taxes by 15.99% (1.11 mill).
All concerned citizens are invited to the public hearing on this tax increase to be held in the conference room of the Banks County Courthouse on January 16, 2003, at 9:00 a.m. and 6:30 p.m.
(JA8B/069 1000)

Citation
Probate Court of
Banks County
In the Matter of Daniel Crowder, Minor
Re: Petition of Susan C. Allen for Appointment as Temporary Guardian of the Person
To: Danny Crowder
All objections to the Petition described above must be in writing, setting forth the grounds of any such objections, and must be filed with this Court no later than the close of business 14 days after this notice is mailed or 10 days after this notice is first published or served by the sheriff upon the recipient, whichever is later.
This 31st day of December, 2002.
Witness, the Honorable Betty Thomas
By: Kathy Hill, Clerk, Probate Court
(JA8,15P2)

Inc. Notice
Notice of Intent
to Incorporate
Notice is given that Articles of Incorporation, which incorporate Bennett, Bennett & Pritchett, Inc., have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at: 30393 Hwy. 441 South, Commerce, Banks County, Georgia 30529, and its initial registered agents at such address are Charles (Chuck) Bennett, Jonathan Bennett, and Clarence L. Pritchett.
Winslow H. Verdery, Jr.
Attorney for Incorporators
P.O. Box 1556
Cornelia, Georgia 30531
706-778-1800
(JA8,15P2)


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