Banks County Legal Advertisements...

JANUARY 29, 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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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 recorded in Deed Book 198, Page 176, 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)

MAGISTRATE COURT
•First North American National Bank c/o John O. Adams, Jr. vs. John E. Haaff, suit on a contract.
•June and Jerry Boozer vs. Rudolph and Tammy Campbell, dispossessory.
•Anderson Auto Sales vs. Edgar L. Lyons, Jr, suit on a note.
•Anderson Auto Sales vs. Joshua Brandon Carroll, suit on a note.
•Anderson Auto Sales vs. Jason Ray Tatum, foreclosure.
•Grogan Enterprises, Inc. d/b/a Western Auto vs. Scott Anthony Queen, suit on account.
•Grogan Enterprises, Inc. d/b/a Western Auto vs. William Dalton Hunt, Jr., suit on account.
•Rick Dailey d/b/a NRU Properties, LLC vs Chris Carroll, dispossessory.
•Bill and Leigh Griffin vs. Crystal Hart, dispossessory.
•Citizens Financial Company of Cornelia vs. Jeffery A. Howard, garnishment.
•Hallco Community F.C.U. vs. Joshua Lee Letson, suit on a note.
•Gainesville Financial Services, Inc. vs. Paul Bedfellow, suit on a note.
•First Franklin Financial Corp. vs. Daniel Burrell, suit on a note.
•Collection Services of Athens, Inc. assignee for Jackson Electric Membership Corp. vs. Daniel Chamblee, suit on account.
•n.Bank, N.A. vs. Jennifer M. Davis, suit.
•Sullivan Enterprises of Georgia, Inc. vs. Carolina Auto Auction, suit on account.
•Jerry Smith vs. Loretta Mayle, suit on parts and labor.
•Citizens Finance Company of Cornelia vs. William R. Heeruagen, suit in a note.
•Commerce Plumbing vs. Scales Creek Country Club, suit on repairs.
•Garvis McElroy vs. Jerry Tucker, dispossessory.
•Larry Cagle, COC Properties vs. David Anderson, dispossessory.

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 Seay 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 Seay 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 Seay
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)

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 # 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 # 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 # 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 # 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 9000)

Saunders Estate
Notice to Debtors
and Creditors
State of Georgia
County of Banks
In Re: Estate of Kathryn J. Saunders
All creditors of the Estate of Kathryn J. Saunders, deceased, late of Banks County, are hereby notified to render 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 January, 2003.
Helen Scales
2162 Hwy. 441 North
Homer, GA 30547
(JA15,22,29FE5P4)

Divorce Notice
Barbara Roberts, Plaintiff vs. Mickey Roberts, Defendant
Civil Action File No. 02CV487A
Notice of Publication
By Order for service by publication dated the 20th day of January, 2003, you are hereby notified that on the 30th day of December, 2002, Barbara Roberts filed suit against you for divorce.
You are required to file with the Clerk of the Superior Court, and to serve upon plaintiff, Barbara Roberts, P.O. Box 461, Commerce, GA 30529, an answer in writing within thirty (30) days of the date of the order for publication.
Witness, the Honorable Robert W. Adamson, Judge of this Superior Court. This 20th day of January, 2003.
Lessie C. Burdette, Clerk of the Superior Court of Banks County.
(JA22,29,FE5,12P4)

Advertisement
for Bids
Bid Packages One
through Thirty (1-30)
Project: (New) Banks
County Middle School
Owner: Banks County
Board of Education
Architect: H. Lloyd Hill Architects & Associates, Inc.
Construction Manager: Charles Black Construction Company, Inc.
Contractors are invited to submit lump sum bids for Bid Packages One through Thirty (1-30) for the (New) Banks County Middle School, Banks County, Homer, Georgia.
Sealed bids will be received by the Construction Manager until 3:00 p.m., Tuesday, February 25, 2003, at the office of the Owner, Banks County Board of Education, 102 Highway 51 South, Homer, GA 30547. Bids must be submitted in duplicate on the Construction Manager’s proposal form. Some packages require a 5% Bid Bond as described in the bid package descriptions. A thorough review of the bid package descriptions and bid documents is required prior to submitting bids.
The form of agreement will be AGC Document 640, 1994 Edition, between the Construction Manager and the Successful Bidder.
Bidding Documents are available for the cost of reproduction from the AGC Plan Room/Gainesville Whiteprint, 312 Bradford Street, N.W., Gainesville, Georgia 30501, (770) 534-2086. Documents will be available for review at the following locations:
Office of Charles Black Construction Company, Inc.
1955 Highway 129 South
Cleveland, Georgia
Dodge Plan Rooms
4170 Ashford Dunwoody Road
Suite 200
Atlanta, Georgia 30319
AGC Builder’s Exchange
1940 The Exchange
Suite 300
Atlanta, Georgia 30339
ConstructionMarket Data
330 Research Court
Suite 100
Norcross, Georgia 30092
Gainesville Whiteprint
312 Bradford Street, N.W.
Gainesville, Georgia 30501
(770) 534-2086
Index to Bid Packages
Bid Package #, Bid Package Name, Bid Date
1, Sitework, February 25, 2003
2, Chain Link Fence, February 25, 2003
3, Landscape Work, February 25, 2003
4, Concrete, February 25, 2003
5, Masonry, February 25, 2003
6, Structural & Miscellaneous Steel, February 25, 2003
7, Built-Up Roof, February 25, 2003
8, Hollow Metal Doors & Frames, February 25, 2003
9, Finish Hardware, February 25, 2003
10, Wood Doors, February 25, 2003
11, Aluminum Framed Storefront/Glass & Glazing, February 25, 2003
12, Metal Framed Skylights, February 25, 2003
13, Installation of Doors & Hardware, February 25, 2003
14, Drywall/Ceiling/E.I.F.S., February 25, 2003
15, Tile, February 25, 2003
16, Wood Flooring, February 25, 2003
17, Resilient Flooring & Carpet, February 25, 2003
18, Painting, February 25, 2003
19, Markerboards & Tackable Surfaces, February 25, 2003
20, Specialties, February 25, 2003
21, Media Center Furnishings, February 25, 2003
22, Food Service Equipment, February 25, 2003
23, Basketball Backstops/Volleyball Equipment, February 25, 2003
24, Casework, February 25, 2003
25, Gymnasium Seating, February 25, 2003
26, Hydraulic Elevator, February 25, 2003
27, Plumbing, February 25, 2003
28, Fire Protection, February 25, 2003
29, H. V. A. C., February 25, 2003
30, Electrical, February 25, 2003
*** See Bid Package Description, General Package Notes and Construction Manager’s Special Conditions Prior to Pricing ***
Tommy J. Wiley, Project Manager
Charles Black Construction Company, Inc.
P. O. Box 960, 1955 Highway 129, South
Cleveland, Georgia 30528
•The Construction Manager and Banks County Board of Education reserve the right to reject any and all bids and to waive technicalities.
(JA29,FE5,12,19B/072 6000)

Public Notice
John Edward Tully of Volume Services America, located at Atlanta Dragway at 500 E. Ridgeway Road, has applied to Banks County for “Consumption of Malt Beverages on the Premises License.” This application will be considered at the regular meeting of the Banks County Commissioners on February 11, 2003, at 7:30 p.m. in the courtroom of the Banks County Courthouse.
(JA29,FE5B/069 1000)

Public Notice
Michael Scott Bramonte of Club Drive, located at 133 Frontage Road, has applied to Banks County for “Malt Beverages Consumption License” and “Distilled Spirits Consumption License.” This application will be considered at the regular meeting of the Banks County Commissioners on February 11, 2003, at 7:30 p.m. in the courtroom of the Banks County Courthouse.
(JA29,FE5B/069 1000)

Cochran Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Ronald C. Cochran, late of Banks County, Georgia, deceased, 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.
This 13th day of January, 2003.
Debra A. Cochran, Executor of the Estate of Ronald C. Cochran
75 W. Ridgeway Road
Maysville, GA 30558
(706) 652-2846
(JA29,FE5,12,19P4)

Inc. Notice
Notice of Incorporation
Notice is given that Articles of Incorporation, which will incorporate Chitwood Auto Sales, Inc., have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code (O.C.G.A. 14-2-201.1).
The initial registered office of the corporation is located at 7001 Highway 441 South, Homer, GA 30547, and its initial registered agent at such address is David S. Chitwood.
(JA29,FE5P2)


SUPERIOR COURT
•Southern Mutual Corp. vs. Margaret M. Golden, complaint on contract.
•Videll D. Seabolt, complaint on contract.
•Kennestone Hospital Inc. Dorinda G. Byers, suit on a note.
•Sandra Carroll vs. Ricky Carroll, petition for stalking and temporary protective order, family violence ex parte.
•Tim D. Devine, DDS, Inc. vs. Carey M Smith, complaint on open account.
•Steven R. Roberts vs. Charles Edwin Giker, II, complaint.
•Cassandra Roberts vs. Charles Edwin Giker II, complaint.
•Tony Crawford vs. Justin John, Gail Segars, complaint.
•James S. Hamrick vs. Jacqueline R. Hamrick, motion for contempt.
•State of Georgia vs. Tilden James Parson, approximately 8 ounces of marijuana, $486 in US currency, def. in rem.
•Apryl Reeves vs. Adam Hicks, temporary protective order.
•Process Posters, Inc. vs. Jack Barber a/k/a Mac Barber, transfer from Dekalb County.
•Textron Business Services, Inc. servicing agent for Conseco Finance Servicing Corp. f/k/a Green Tree Financial Services Corp. vs. Carolina Capital Corp., Herbert Harris, John Doe 1 and John Doe 2, writ of possession.


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