Banks County Legal Advertisements...

FEBRUARY 26, 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
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Security Deed given by Jessica L. Helsten to ABN Amro Mortgage Group, Inc., dated July 20, 2001, recorded in Deed Book 176, Page 571, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-NINE THOUSAND AND 0/100 DOLLARS ($69,000.00), 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 March, 2003, the following described property:
Exhibit “A”
All that tract or parcel of land lying and being in the 265 GMD of Banks County, Georgia, and being known as Lot 5, as shown by plat of survey prepared by Chris M. Patton, R.S., dated October 6, 1997, revised October 29, 1997, recorded in Plat Book B, Page 148, Banks County, Georgia Records. Reference to said plat description contained therein being incorporated herein by reference for a full and 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 Jessica L. Helsten or a tenant or tenants and said property is more commonly known as Lot 5 Ervin Chamber, 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.
ABN Amro Mortgage Group, Inc., as Attorney-in-Fact for Jessica L. Helsten
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 3/4/03
Our file no. 51615202-FT7
(FE5,12,19,26B/930 5000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from Ronnie Lee Parson and Heidi Parson to BNC Mortgage, Inc., dated July 17, 2000, recorded in Deed Book 159, Page 695, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS ($75,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Wells Fargo Bank, NA as trustee under the Trust Agreement dated February 1, 2001, between Structured Asset Securities Corporation, as Depositor and the Trustee, relating to Amoritizing Residential Mortgage Pass-Through Ce, 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 March, 2003, the following described property:
All that tract or parcel of land lying and being in the 265 G.M.D., Banks County, Georgia, containing 13.14 acres, more or less, shown as Tract No. 3, and bounded now or formerly as follows: North by Georgia Hwy. No. 51 (100 Foot R/W); East by Lands of Wright and Lands now or formerly by Thomas; South by Lands of Roberts and Lands of Todd Smith (Tract No. 1); and West by Lands of Roberts.
Said tract of land being more particularly described according to a plat of survey prepared by Slate and Associates, Inc., Surveyors on June 19, 1997, for Ronnie Parson, which plat is recorded in Plat Book B, Page 65, of the Public Records of Banks County, Georgia, and is by reference incorporated herein as part of this description.
Said property is commonly known as 1553 Georgia Highway 51, South, Homer, GA 30547.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Ronnie Lee Parson and Heidi Parson or tenant(s).
Mortgage Electronic Registration Systems, Inc., Its Successors and Assigns, as Nominee for Wells Fargo Bank, NA as Trustee Under the Trust Agreement dated February 1, 2001, Between Structured Asset Securities Corporation, as Depositor and the Trustee, Relating to Amoritizing Residential Mortgage Pass-Through Ce, as Attorney-in-Fact for Ronnie Lee Parson and Heidi Parson
Contact: Alice Johnson (ext. 377)
Morris, Schneider & Prior, L.L.C
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 226.0210307\AMJ
www.foreclosures.msplaw.com
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(FE5,12,19,26B/815 7000)

Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed to Secure Debt executed and delivered by Pamela K. Ogletree to Tommy Watkins Construction Company, Inc., dated July 29, 2002, and recorded in Deed Book 196, Page 626, Banks County, Georgia Records, and recorded securing a note of even date, and any other present or future indebtedness, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney-in-Fact for the said Pamela K. Ogletree, as provided in said Deed to Secure Debt, between the hours of 10:00 a.m. and 4:00 p.m. Eastern Time, on the first Tuesday in March, to-wit; March 4, 2003:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 39.29 acres, more or less, designated as Lot No. 6 on a final plat of survey of Grove River Estates prepared for Tommy Watkins Construction Co., Inc. by G. Brian Slate, Registered Surveyor, dated August 15, 2001, revised November 28, 2001, recorded in Plat Book D, page 35, 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.
This conveyance is made subject to the following restrictions which shall run with the land:
1. There shall be no poultry houses built on said lands.
2. There shall be no commercial hog operations of any kind on said lands.
3. There shall be no single-wide or double-wide mobile homes allowed on said lands.
The debt secured by said Deed to Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of Pamela K. Ogletree, by the undersigned, as Attorney-in-Fact for the said Pamela K. Ogletree.
Said property shall be sold subject to any and all outstanding easements and right-of-way, restrictions of record, if any, and to all unpaid taxes and assessments.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent), and the balance, if any, shall be applied as provided in said Deed to Secure Debt. Proper conveyance will be made to the purchaser at the sale by the undersigned acting as Attorney-in-Fact for the said Pamela K. Ogletree.
This 30th day of January, 2003.
Tommy Watkins Construction Company, Inc., As Attorney-in-Fact for Pamela K. Ogletree
Allen L. Lacey, Jr.
Attorney at Law
P.O. Box 356
Commerce, Georgia 30529
(706) 335-7886
(FE5,12,19,26B/1324 5000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of the default in the payment of a note executed by Mary L. Greenway secured by a deed to secure debt executed by Mary L. Greenway to Bank of Banks County, now known as Regions Bank, dated March 10, 1992, and recorded in the Clerk’s Office of Banks County, Georgia, in Deed Book 70, Pages 254-256, modified on October 19, 2000, and recorded in Deed Book 165, Page 86, Clerk’s Office of Banks County, Georgia, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in March, 2003, during the legal hours of sale at the Courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the land described in said deed, to-wit:
All that tract or parcel of land lying and being in the 1464th G.M.D., Banks County, Georgia, containing 2.735 acres, being more fully shown and described on a Plat of Survey dated January 19, 1990, prepared by William H. Collins, Registered Surveyor #1435, for H.W. Greenway, recorded in Banks County, Georgia in Plat Book 16, Page 224. Said plat is incorporated herein by reference for a more detailed description of said property.
To the best knowledge and belief of the undersigned, the physical address of the above described property is 379 Queen Road, Gillsville, GA 30543.
Notice has been given of intention to collect attorneys fees in accordance with the terms of the note secured by said deed to secure debt.
Said property will be sold as the property of Mary Greenway and subject to the following items which may affect the title to said property: all zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said security deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Mary Greenway or tenants.
The sale will be concluded subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deed to secure debt.
Regions Bank, Successor by Merger with Bank of Banks County, Attorney-in-Fact for Mary L. Greenway
Allen Broxton
P. O. Box 430
Gainesville, GA 30503
(770) 531-7722
(FE5,12,19,26B/107 5000)

Inc. Notice
Notice of Intent to Incorporate
Notice is given that Articles of Incorporation, which will incorporate Mike Spain Construction, Inc., will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code (O.C.G.A. Section 14-2-202.1). The initial registered office of the corporation will be located at 275 Peyton Road, Alto, GA 30510, and its registered agent at such address is Mike Spain.
(FE26,MA5P2)

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 from Keith A. Estell and Dixie L. Estell to Conseco Finance Servicing Corp., dated August 3, 2000, and recorded on August 16, 2000, in Deed Book 160, Page 426, Banks County, Georgia Records; conveying the after-described property to secure a Note in the original principal amount of One Hundred Eighteen Thousand Nine Hundred Four and 66/100 Dollars ($118,904.66), 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 March, 2003, the following described property:
That tract or parcel of land lying and being in the 284th GMD of Banks County, Georgia, being designated as Lot 2, containing 3.00 acres, more or less, according to a plat of survey dated February 19, 1997, and recorded in Plat Book B, Page 44, Banks County records; said plat being incorporated herein by reference for a more complete description of the property.
Subject to a right-of-way Easement to Georgia Power Company from Marvin Dailey dated August 16, 1974, and recorded in Deed Book 6, Page 140, a right-of-way Easement to Department of Transportation dated April 20, 1994, and recorded in Deed Book 87, Page 62; and a right-of-way Easement to Clermont Junction-Middle Fork Transmission Line dated April 29, 1993, and recorded in Deed Book 80, Page 53, Banks County records.
Also conveyed herewith is a 1999 Palm Harbor 32x68 manufactured home, Serial Number PH1411011 which is attached to and made a part of the real property.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said 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 the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given) and all other payments provided for under the terms of the Security Deed and Note.
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 of the undersigned’s knowledge and belief, said property is also known as 456 Caudell Road, Homer, Georgia, and the party in possession of the property is Keith A. Estell, Dixie L. Estell or a tenant or tenants of said property.
Conseco Finance Servicing Corp., as Attorney-in-Fact for Keith A. Estell and Dixie L. Estell
Kenney & Solomon, P.C.
3675 Crestwood Parkway, Suite 500
Duluth, Georgia 30096
(770) 564-1600
The law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(FE5,12,19,26B/1332 6000)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Hall
Under and by virtue of the Power of Sale in Deed from Nancy Wheetman Jordan to Kenneth W. Robinson, Grantee, dated April 7, 1999, and recorded in Deed Book 142, Pages 198-9, of the Banks County, Georgia Records, said Deed to Secure Debt having been given to secure a Promissory Note dated April 7, 1999, in the original principal amount of $41,650.00, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on the first Tuesday in March, 2003, to-wit, March 4, 2003, to the highest and best bidder for cash the property described as follows:
All that tract or parcel of land, lying and being in Land Lot 219 of the 10th Land District, Banks County, Georgia, and being all of Lot 23 of Hidden Valley Subdivision, as shown on Subdivision Plat recorded in Plat Book 15, Page 143, of the Banks County Records, which plat is incorporated herein by reference as part of this description.
This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990, recorded in Deed Book 59, Pages 450-54, of the Banks County Records, and subject to building setback lines as shown on the above referenced subdivision plat.
Together with a 1991 Mobile Home located on the above described property.
The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of nonpayment of principal and interest pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney’s fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to Secure Debt including attorney’s fees, and the remainder if any shall be applied as provided by law.
To the best of the undersigned’s knowledge and belief the property is in the possession of Nancy Wheetman Jordan and said property will be sold as the property of Nancy Wheetman Jordan subject to outstanding ad valorem taxes, and easements and restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as provided in the Deed to Secure Debt.
Kenneth W. Robinson, as Attorney-in-Fact for Nancy Wheetman Jordan
Whelchel & Dunlap, LLP
405 Washington Street
Gainesville, GA 30501
(FE5,12,19,26B/1016 5000)

Barron Estate
Notice to Debtors
and Creditors
State of Georgia
County of Habersham
In Re: Estate of William F. Barron
All Debtors and Creditors of the Estate of William F. Barron, late of Habersham County, Georgia, are hereby notified to render their demands and payments to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the subject estate.
This 24th day of January, 2003.
Estate of William F. Barron
By: P. Gerald Cody, Jr., Attorney for the Estate of William F. Barron
P.O. Box 396
Cornelia, Georgia 30531
(706) 778-7178
(FE5,12,19,26P4)

Notice
Georgia, Banks County Probate Court
Paralee Wade Goodson has petitioned to be appointed Administrator of the estate of Travis Wade, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before March 3, 2003, at 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(FE5,12,19,26P4)

Notice
Georgia, Banks County Probate Court
Natasha Martin has petitioned to be appointed Administrator of the estate of Ricky Jim Parker, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before March 3, 2003, at 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(FE5,12,19,26P4)

Notice
Georgia, Banks County Probate Court
Walter Cecil Carlyle has petitioned to be appointed Administrator of the estate of Lisa Nanette Samples Carlyle, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before March 3, 2003, at 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
(FE5,12,19,26P4)

Notice
Georgia, Banks County Probate Court
The petition of Helen White, for a year’s support from the estate of William Leon White, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before March 3, 2003, at 10:00 a.m., why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Witness, the Honorable Betty Thomas, Judge
By: Kathy Hill, Clerk, Probate Court of Banks County
(FE5,12,19,26P4)

Krause Estate
Notice to Debtors
and Creditors
All creditors of the estate of Philip M. Krause, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 6th day of February, 2003.
Evelyn A. Krause, Executor/Administrator
P.O. Box 126
Maysville, GA 30558
(FE12,19,26,MA5P4)

Mitchell Estate
Notice to Debtors
and Creditors
All creditors of the estate of Ongie Dodd Mitchell, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 31st day of January, 2003.
Sharon D. Echols, Executor/Administrator
244 Echols Road
Alto, GA 30510
(FE12,19,26,MA5P4)
Sims Estate
Notice to Debtors
and Creditors
All creditors of the estate of James E. 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 7th day of February, 2002.
James Kenneth Sims and France Whitey, Executor/Administrator
530 and 542 Sims Harris Road
Gillsville, GA 30543
(FE12,19,26,MA5P4)


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