Banks County Legal Advertisements...

JUNE 18, 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
State of Georgia
County of Stephens
On June 26, 1979, Richard Silvers and Ruby O. Silvers executed a Security Deed to Stephens Federal Savings and Loan Association now Stephens Federal Bank, which is recorded in Deed Book 18, Pages 655-657, Banks County Records. The Security Deed secured a note of even date in the original principal amount of $28,100.00.
By virtue of the power of sale contained in said Security Deed, there will be sold by the undersigned at public outcry to the highest bidder, for cash before the Courthouse door in Stephens County, Georgia, within the legal hours of sale on the first Tuesday in July, 2003, the same being July 1, 2003, the property described in and conveyed in said deed, to-wit:
All that tract or parcel of land together with improvements thereon, lying and being in the Columbia 371st District, Banks County, Georgia, on the South side of Prospect Church Road and more fully described as follows: BEGINNING at an iron pin corner on the South side of Prospect Church Road next to property of Ragsdale, and running thence along the line of Ragsdale South 33 degrees 24 minutes West 261.7 feet to an iron pin corner next to property of R. Elliott Caudell; thence along the line of Caudell North 56 degrees 36 minutes West 173.9 feet to an iron pin corner; thence continuing along the line of Caudell North 03 degrees 42 minutes West 160 feet to an iron pin corner on the South side of Prospect Church Road; thence along the right of way of Prospect Church Road South 87 degrees 00 minutes East 54.3 feet, South 85 degrees 15 minutes East 146.8 feet, South 77 degrees 36 minutes East 102 feet to the beginning iron pin corner and containing 1.10 acres according to plat and survey by Max Lewallen Registered Surveyor, dated February 6, 1979.
The debt secured by said Security Deed and Note has been and is hereby declared due because of non-payment thereof. The debt remaining in default, this sale will be made for the purpose of satisfying the same and all expenses of this sale.
This property will be sold as the property of Richard Silvers and Ruby O. Silvers and subject to all ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any.
The undersigned will execute a Deed Under Power of Sale to the purchaser at said sale as provided in the aforementioned Security Deed.
Dated this 29th day of May, 2003.
STEPHENS FEDERAL SAVINGS AND LOAN ASSOCIATION NOW STEPHENS FEDERAL BANK, TOCCOA, GEORGIA, AS ATTORNEY-IN-FACT FOR RICHARD SILVERS AND RUBY O. SILVERS
McClure, Ramsay, Dickerson & Escoe, LLP
P.O. Drawer 1408
Toccoa, Georgia 30577
(706) 886-3178
(JU4,11,18,25P4)

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 Keith Tucker to Wells Fargo Home Mortgage, Inc., dated June 10, 2002, recorded in Deed Book 194, Page 239, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-THREE THOUSAND SEVEN HUNDRED FORTY-FOUR AND 0/100 DOLLARS ($143,744.00), 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 July, 2003, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
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 Keith Tucker or a tenant or tenants and said property is more commonly known as 58A Homer Street, Maysville, GA 30558.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Home Mortgage, Inc., as Attorney-in-Fact for Keith Tucker
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/jro 7/1/03
Our file no. 5551103-FT5
EXHIBIT “A”
All that tract or parcel of land, with improvements thereon, lying and being in the Anderson (465) District, G.M. Banks County, Georgia, in the corporate limits of the Town of Maysville, Georgia, CONTAINING 1.62 acres, more or less, and being bounded now or formerly as follows: On the Northwest by Homer-Maysville Highway and lands of Blanton Jacks; on the Northeast by lands of Blanton Jacks and other land of Mrs. Addie Sheridan; on the Southeast by Mrs. Addie Sheridan; and on the Southwest by lands of Mrs. Addie Sheridan, and by said Homer-Maysville Highway, and being more clearly shown and delineated on Plat of Survey of H. G. Prickett, Surveyor, dated April, 27, 1948, and being recorded in Plat Book 1, Page 324, Banks County Records. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Being the same property conveyed by Arthur H. Sanders to James Cecil Highfield by Warranty Deed dated August 17, 1966, and being recorded in Deed Book “RR”, Page 58, Banks County, Georgia.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU4,11,18,25B/930 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Security Deed given by Thomas B. Hartley and Charity C. Hartley to Suntrust Bank, dated July 2, 1999, recorded in Deed Book 147, Page 233, Banks County, Georgia Records, as last transferred to Countrywide Home Loans, 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 NINETY-NINE THOUSAND NINE HUNDRED SIXTY AND 0/100 DOLLARS ($99,960.00), 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 July, 2003, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
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 Thomas B. Hartley and Charity C. Hartley or a tenant or tenants and said property is more commonly known as 2853 Yonah Homer Road, Lula, GA 30554.
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.
Countrywide Home Loans, Inc., as Attorney-in-Fact for Thomas B. Hartley and Charity C. Hartley
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/vmd 7/1/03
Our file no. 51151903-FT4
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon situate, lying and being in 1210 GMD of Banks County, Georgia, containing 2.20 acres more or less, as shown on plat of survey dated December 19, 1991, by Clelland A. Tyson R.S. the same being recorded among Banks County Georgia Records in Plat Book 17, Page 3, said tract being shown and delineated as Tract No. 2-A on said plat, the same being incorporated herein for a more full and adequate description. Said property being improved property known as 2853 Yonah-Homer Road, according to the present system of numbering houses in Banks County, Georgia.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU4,11,18,25B/930 6000)

Public Notice
Notice to the Public
YOU ARE HEREBY NOTIFIED that on the 2nd day of July, 2003, at 8:30 a.m., at the Jackson County Courthouse in the City of Jefferson, Georgia, the presiding Judge of the Superior Court of Jackson County will hear the case of the STATE OF GEORGIA vs. BANKS-JACKSON-COMMERCE HOSPITAL AUTHORITY, BANKS COUNTY and JACKSON COUNTY, Civil Action File No. X03-CV-0705, in the Superior Court of Jackson County, the same being a proceeding to confirm and validate an issue of Banks-Jackson-Commerce Hospital Authority Revenue Certificates, Series 2003 (the “Series 2003 Certificates”), in an aggregate principal amount not exceeding $2,500,000.00. The Certificates are to be issued by the Banks-Jackson-Commerce Hospital Authority (the “Issuer”) in order to finance the refunding of the Issuer’s Subordinated Revenue Certificates, Series 1988, in the original aggregate principal amount of $3,200,000 (the “Series 1988 Certificates”), now outstanding in the aggregate principal amount of $1,640,000, and the Issuer’s Refunding Revenue Certificates, Series 1978 in the original aggregate principal amount of $2,580,000 (the “Series 1978 Certificates”), now outstanding in the aggregate principal amount of $810,000 (the Series 1978 Certificates and the Series 1988 Certificates being hereinafter referred to collectively as the “Prior Certificates”), and for the additional purpose of paying the costs of obtaining such financing. In said proceeding the Court will also pass upon the validity of (a) a Contract, dated as of June 1, 2003, between the Issuer and Banks County, Georgia, the terms of which obligate said County to make certain payments to the Issuer, and (b) a Contract, dated as of June 1, 2003, between the Issuer and Jackson County, Georgia, the terms of which obligate said County to make certain payments to the Issuer. Any citizen of the State of Georgia residing in Jackson County, Georgia, or Banks County, Georgia, or any other person wherever residing who has a right to object, may intervene and become a party to this proceeding.
This the 13th day of June, 2003.
Reba Parks, Clerk, Superior Court, Jackson County, Georgia
(JU18,25B/251 4000)

Mason Estate
Notice to Debtors
and Creditors
All creditors of the estate of William E. Mason, 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 2nd day of June, 2003.
Lois Mason, Executor/Administrator
333 Porter Street
Alto, GA 30510
(JU11,18,25,JU2P4)

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 Randy S. Lynn to Option One Mortgage Corporation, dated September 28, 2000, recorded in Deed Book 163, Page 19, Banks County, Georgia Records, as last transferred to Wells Fargo Bank Minnesota, NA as Trustee for registered Holders of Option One Mortgage Loan Trust 2000-D, Asset-Backed Certificates, Series 2000-D, without recourse 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 FIFTY-ONE THOUSAND EIGHT HUNDRED FIFTY AND 0/100 DOLLARS ($51,850.00), 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 July, 2003, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
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 Randy S. Lynn or a tenant or tenants and said property is more commonly known as 1021 Sims Bridge Road, Commerce, GA 30529.
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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
Wells Fargo Bank Minnesota, NA as Trustee for registered Holders of Option One Mortgage Loan Trust 2000-D, Asset-Backed Certificates, Series 2000-D, without recourse, as Attorney-in-Fact for Randy S. Lynn
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/twd 7/1/03
Our file no. 51156202-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207 (David) G.M.D., Banks County, Georgia and being that 2.00 acres, more or less, more particularly shown on a plat and survey for Ralph Howington, dated September 16, 1985, by Jacob B. Pirkle, Jr., Registered Surveyor. Said plat is recorded in Plat Book 11, Page 27, Office of the Clerk of Superior Court of Banks County, Georgia, and is incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the north, east and south by lands of Frank Jackson Williams and Janice Maddox Williams, and on the west by the right of way of Sims Bridge Road.
The security instrument secures an obligation for a manufactured home which is already or to be permanently affixed to the subject real estate: make: championship, model name: 898, Serial number: 0458981395A/0458981395B, width: 24, length: 43, model year: 1985.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU4,11,18,25B/930 7000)

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 Robert L. White to Regional Investment Co. d/b/a RIC Mortgage Company, dated December 15, 1999, recorded in Deed Book 152, Page 223, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED TWENTY-NINE THOUSAND TWO HUNDRED FIFTY AND 00/100 DOLLARS ($129,250.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bank of America, NA, 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 July, 2003, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, consisting of 4.30 acres, more or less, as shown on a plat of survey prepared for Thomas Lee Hall and Andrea Frank by Bartlett & Cash Land Surveyors, Inc., Kenneth V. Cash, RLS, dated August 8, 1997, recorded in Plat Book 22, Page 89, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description.
Subject to the following restrictions which shall bind the property for a period of 20 years from the date hereof: no mobile, manufactured nor modular homes are permitted on the property; dwelling must be a minimum of 1400 square feet; no commercial animals including chicken house and hog parlors are permitted; no massive clear cutting is allowed or permitted on or of the property.
Subject to all restrictions and easements of records.
Said property is commonly known as 765 Wilkinson Road, Baldwin, GA 30511.
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 Robert L. White or tenant(s).
BANK OF AMERICA, NA, as Attorney-in-Fact for ROBERT L. WHITE
Contact: Janel Rucker (ext. 1387)
Morris, Schneider & Prior, L.L.C
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 158.0306597\JRR
Web Site: www.foreclosures.msplaw.com
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU4,11,18,25B/815 6000)

Blalock Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Joseph Herschell Blalock, 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 23rd day of May, 2003.
Kenneth Blalock, Executor/Administrator
5508 Yonah Homer Road
Alto, GA 30510
(JU4,11,18,25P4)

Notice
Georgia, Banks County Probate Court
The petition of Susan B. Grimes, for a year’s support from the estate of George Herbert Grimes, 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 July 7, 2003, 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
(JU11,18,25,JY2P4)
Notice
Georgia, Banks County Probate Court
The petition of Mae P. Carlan, for a year’s support from the estate of Hoyt V. Carlan, 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 July 7, 2003, 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
(JU11,18,25,JY2P4)

Public Hearing
Notice of Public Hearing
Please take notice that the following applications and proposed ordinances have been received by the Banks County Planning Office:
CU-03-02 - Application by Carla Willard for a conditional use permit for a wellness center at 123 Outlet Drive. This property is located off Highway 441, South and is zoned C-2, General Commercial
Z-03-03 - Application by Richard Butler for rezoning of 139 acres on Highway 51, South from ARR, Agricultural, Rural-Residential to R-1 Single Family Residential.
An ordinance to amend Article IV, entitled “Permit Fees” Section 18-111 entitled “Schedule of Permit Fees” of the code of Banks County, Georgia, to provide for permit fees to be set from time to time by resolution of the Board of Commissioners of Banks County; to repeal conflicting ordinances; to provide for separable and divisible parts; to provide an effective date and for other purposes.
An ordinance to amend Article II, entitled “Construction Codes” Section 18-31 entitled “Enforcement of Codes” of the code of Banks County, Georgia, to adopt certain Georgia State minimum standard codes to repeal conflicting ordinances; to provide for separable and divisible parts to provide an effective date and for other purposes.
An ordinance to amend Article I, Section 66-11 (2) entitled “Maximum Sign Height” of the code of Banks County, Georgia, to delete the maximum height restriction on signs in C-1, C-2, and M-1 Districts; to repeal conflicting ordinances; to provide for separable and divisible parts; to provide for an effective date and for other purposes.
An ordinance to amend Article I, Section 66-10 (5) c. entitled “Signs permitted in C-1, C-2, and M-1 Districts” of the code of Banks County, Georgia, to delete the maximum height restriction on off-site signs in C-1, C-2, and M-1 Districts; to repeal conflicting ordinances; to provide for separable and divisible parts; to provide an effective date and for other purposes.
An ordinance to amend Article I, Section 66-13 (a) (1) and (2) entitled “Variances Permitted” of the code of Banks County, Georgia, to delete height and setbacks from right of way as possible variances from the code requirements for signs; to repeal conflicting ordinances; to provide for separable and divisible parts; to provide an effective date and for other purposes.
An ordiance to amend Article I, Section 18-5 of the code of Banks County, Georgia, to adopt certain rules and regulations of the Department of Human Resources of the State of Georgia concerning on-site sewage management systems, food service, tourist accommodations and swimming pools, spas and recreational water parks; to provide for enforcement by the Banks County Health Department; to repeal conflicting ordinances; to provide for separable and divisible parts; to provide an effective date and for other purposes.
The above applications and ordinances are on file in the office of the Banks County Planning Commission and are available for public review.
The Banks County Planning Commission will hold a public hearing on the matters on Monday, July 7, 2003, at 7 p.m. in the courtroom located at the Banks County Courthouse in Homer, Georgia.
The Banks County Commissioners will hold a public hearing on the matters on Tuesday, July 8, 2003, at 7 p.m. in the courtroom at the Banks County Courthouse in Homer, Georgia.
Interested persons are invited to appear and comment.
This 18th day of June, 2003.
(JU18B/069 6000)


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