Banks County Legal Advertisements...

SEPTEMBER 24, 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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Name Change
In the Superior Court
of Banks County
State of Georgia
In Re: Erik Dale Franzen
Civil Action No. 03-CV-309X
Notice of Petition to Change Name
Georgia, Banks County
Notice is hereby given that Ann-Sofi Franzen Simmons and Dale I. Simmons, the undersigned, filed their petition to the Superior Court of Banks County, Georgia, on the 27th day of August, 2003, praying for a change in the name of their minor child from Erik Dale Franzen to Erik Dale Franzen Simmons. Notice is hereby given pursuant to law to any interested or affected party to appear in said Court and to file objections to such name change. Objections must be filed with said Court within 30 days of the filing of said petition.
This 27th day of August, 2003.
Tim Harper, Clerk
Superior Court of Banks County, Georgia
(SE3,10,17,24P4)

Turner Estate
Notice to Debtors
and Creditors
All creditors of the estate of Richard L. Turner, deceased, 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.
This 21st day of August, 2003.
Howard Lee Turner, Executor
John Arthur Nix
Attorney at Law
P.O. Box 2808
Peachtree City, Georgia 30269
(SE3,10,17,24P4)

Dalton Estate
Notice to Debtors
and Creditors
All creditors of the estate of Olen Shankle Dalton, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 22nd day of August, 2003.
Olen Dalton, Executor/Administrator
679 Union Hill Road
Homer, GA 30547
(SE3,10,17,24P4)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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 October, 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 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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
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
DDP/jsg 10/7/03
Our file no. 52924702-FT3
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.
(SE10,17,24,OC1B/3642 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Limual R. Norton and Leigh Ann Norton to Wells Fargo Home Mortgage, Inc., dated February 8, 2002, recorded in Deed Book 187, Page 321, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-NINE THOUSAND EIGHT HUNDRED SIX AND 0/100 DOLLARS ($139,806.00), 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 October, 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 Limual R. Norton and Leigh Ann Norton or a tenant or tenants and said property is more commonly known as 128 Sullivan Drive, Homer, GA 30547.
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.
Mortgage Electronic Registration Systems, Inc., as Attorney-in-Fact for Limual R. Norton and Leigh Ann Norton
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/jmm 10/7/03
Our file no. 51972803-FT5
EXHIBIT “A”
ALL THAT TRACT or parcel of land containing 1.29 acres, more or less, in the 265th GMD, Banks County, Georgia, and bounded now or formerly as follows: North by Tract 40; East by lands of Shalom Farm, Inc.; South by Tract 42; and West by Sullivan Drive. Said tract of land being more particularly described according to a plat of survey prepared by Holcomb Surveying, Registered Surveyors, on November 25, 2000, being shown as tract number 41, for Charles Sullivan being entitled Final Plat-Hidden Lake Subdivision Phase 2, which plat is recorded in Plat Book C, Page 119, of the Public Records of Banks County, and is by reference incorporated herein as part of this description.
SUBJECT to declaration of Protective Covenants for Hidden Lake Subdivision in Deed Book 165, Page 174, Banks County, Georgia Records.
(SE10,17,24,OC1B/3642 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Stacey Todd McClure to Mortgage Electronic Registration Systems, Inc., dated August 20, 2002, recorded in Deed Book 198, Page 432, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTEEN THOUSAND AND 0/100 DOLLARS ($116,000.00), 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 October, 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 Stacey Todd McClure or a tenant or tenants and said property is more commonly known as 6313 W. County Line 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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
Mortgage Electronic Registration Systems, Inc., as Attorney-in-Fact for Stacey Todd McClure
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/cal 10/7/03
Our file no. 51525803-FT4
EXHIBIT “A”
All that tract or parcel of land lying and being in the Town of Lula, Poplar Springs (GMD No. 912) District of Banks County, Georgia, containing 1.14 acres, being particularly described on a plat prepared for Stacey Todd McClure and Valerie J. McClure by Owen Patton, registered surveyor, dated November 26, 1993, recorded in Plat Book 18, Page 94, Banks County, Georgia Plat records, reference to said plat and the record thereof is hereby made for a more complete description of said property.
(SE10,17,24,OC1B/3642 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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 October, 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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
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/mj 10/7/03
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.
(SE10,17,24,OC1B/3642 6000)

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 Dorothea K. Moore to Mortgage Electronic Registration Systems, Inc., dated April 11, 2001, recorded in Deed Book 172, Pages 300-316, 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 THIRTY THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($130,500.00) with interest thereon as provided for 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 October, 2003, the following described property:
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 0.27 acres, more or less, designated as Tract No. III on a plat and survey for Dorothea K. Veal, dated November 21, 1991, by Thomas Lynn Colbaugh, Registered Land Surveyor. Said plat is recorded in Plat Book 16, Page 200, 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 commonly known as 466 GA Highway 164, Commerce, GA 30529.
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 Dorothea K. Moore or tenant(s).
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Attorney-in-Fact for DOROTHEA K. MOORE
Contact: Lori Taylor (ext. 1350)
Morris, Schneider & Prior, L.L.C.
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 382.A15431\LLT
Web Site: www.foreclosures.msplaw.com
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1B/3641 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 Aaron D. Cain to Option One Mortgage, dated June 8, 2001, recorded in Deed Book 173, Page 872, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of SIXTY-FOUR THOUSAND AND 00/100 DOLLARS ($64,000.00) with interest thereon as provided for 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 October, 2003, the following described property:
All that tract or parcel of land, together with all improvements located thereon, lying and being in the 1210th District of Banks County, Georgia, containing 4.909 acres and being bounded now or formerly as follows: on the North by lands of Homer Whitfield, on the East and South by U.S. Highway No. 441, and on the West by lands of Hubert Weekley; as shown on a plat of survey for Larry Whitfield prepared by Eddie A. Borders, R.S., dated September 10, 1979, and recorded in Plat Book 7, Page 232, of the Banks County, Georgia Plat Records. Reference to said plat and the record thereof is hereby made for a more complete description of said property.
This same property conveyed to Billy Ray Amerson and Lillie Belle Amerson by virtue of a Warranty Deed from Larry Whitfield and Pat Whitfield, dated February 9, 1996, and recorded at Deed Book 104, Page 106.
Said property is commonly known as 791 Hwy. 441 North, 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 Aaron D. Cain or tenant(s).
WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-C, ASSET-BACKED CERTIFICATES, SERIES 2001-C, WITHOUT RECOURSE, as Attorney-in-Fact for AARON D. CAIN
Contact: Francis Poupart (ext. 1150)
Morris, Schneider & Prior, L.L.C
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 226.0313579\FJP
Web Site: www.foreclosures.msplaw.com
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1B/3641 6000)



Notice of Sale
Notice of Sale Under Power
In Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt from Mary Ann Martin and Roy Keith Martin to Money First Financial Services, Inc., dated 11/30/2001, and recorded in Deed Book 182, Page 755, Banks County Records, as last transferred to The Provident Bank, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2003, by The Provident Bank, as Attorney-in-Fact for Mary Ann Martin and Roy Keith Martin the following described property:
All that tract or parcel of land lying and being in the 448th District, G.M., Banks County, Georgia, containing 4.91 acres, being more fully shown and described as Tract #1, and another tract containing 0.09 acre, and more fully shown and described as Tract #2 on a plat of survey for Roy Martin, dated January 17, 1989, prepared by Max Lewallen, Registered Surveyor #2067 and recorded in Plat Book 17, Page 144, 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 being the same property described in deeds from Roy Martin to Roy Keith Martin recorded in Deed Book 75, Page 64, and Deed Book 75, Page 90, Banks County, Georgia Deed Records. Less and Except: All that tract or parcel of land lying and being in the 448th District, G.M., Banks County, Georgia, containing 1.00 acre, as shown and described on a plat of survey for Michael J. Wright, dated October 18, 1994, prepared by Jimmy D. Bullock, Registered Surveyor #1765, and recorded in Plat Book 19, Page 56, 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 being the same property described in the Warranty Deed from Roy Keith Martin to Michael Jerome Wright dated October 26, 1994, and recorded in Deed Book 91, Page 476, Banks County, Georgia Records.
Property known as: 1780 Wynn Lake Road, Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Mary Ann Martin and Roy Keith Martin.
The Provident Bank, as Attorney-in-Fact for Mary Ann Martin and Roy Keith Martin.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1010
115 Perimeter Center Place
Atlanta, GA 30346
770-392-0303
(SE10,17,24,OC1B/224 7000)

Notice of Sale
Notice of Sale Under Power
State of Georgia,
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (the “Security Deed”) executed and delivered by JOHN DAVID PUCKETT and LORI S. PUCKETT to GAINESVILLE BANK & TRUST dated September 4, 1998, recorded at Deed Book 134, Pages 680-684, of the Banks County, Georgia Real Estate Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in October to-wit: October 7, 2003, the following described property:
All that tract or parcel of land lying and being in Davids GMD 207, Banks County, Georgia, and being Lot 18, Hebron Oaks Subdivision, Plat Book 15, Page 5, Banks County Records.
Plus Improvements Thereon: 1997 Chandeleur Mobile Home 16X60, Serial Number CH3AL00560.
Said described property is located at: 160 Hebron Court, Commerce, Georgia 30529.
The debt secured by said Security Deed is evidenced by Note (the “Note”) dated September 4, 1998, in the original principal amount of $34,570.75 payable, principal and interest from the date thereof at the rate of interest shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the default in payment of installments owed under the Note. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of JOHN DAVID PUCKETT and LORI S. PUCKETT, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees (notice of intention to collect attorneys’ fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to unpaid taxes and assessments, and restrictions, easements and liens of record, if any.
To the best of the undersigned’s knowledge and belief, the property is in the possession of JOHN DAVID PUCKETT and LORI S. PUCKETT and will be sold as the property of JOHN DAVID PUCKETT and LORI S. PUCKETT.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
GAINESVILLE BANK & TRUST, as Attorney-in-fact for JOHN DAVID PUCKETT and LORI S. PUCKETT
By: Joseph D. Cooley, III
HULSEY, OLIVER & MAHAR
P. O. Box 1457
Gainesville, Georgia 30503
(404) 532-6312
(SE10,17,24,OC1B/417 5000)

Notice of Sale
Notice of Sale Under Power
In Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt from Mary Ann Martin and Roy Keith Martin to Money First Financial Services, Inc., dated 11/30/2001, and recorded in Deed Book 182, Page 771, Banks County Records, as last transferred to The Provident Bank, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2003, by The Provident Bank, as Attorney-in-Fact for Mary Ann Martin and Roy Keith Martin the following described property:
All that tract or parcel of land lying and being in the 448th District, G.M., Banks County, Georgia, containing 5.68 acres, more or less, as more particularly shown on a plat of survey prepared for Roy Keith Martin by Jimmy D. Bullock, Registered Surveyor, dated October 20, 1994, recorded at Plat Book 19, Page 61, 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 above tract is a portion of that property conveyed by Warranty Deed dated March 1, 1960, from A.F. Wilbanks and C.V. Wilbanks to Roy Martin recorded in Banks County, Georgia Records in Deed Book OO, at Page 420.
Property known as: 1534 Wynn Lake Road, Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Mary Ann Martin and Roy Keith Martin.
The Provident Bank, as Attorney-in-Fact for Mary Ann Martin and Roy Keith Martin.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1010
115 Perimeter Center Place
Atlanta, GA 30346
770-392-0303
(SE10,17,24,OC1B/224 5000)

Notice of Sale
Notice of Sale Under Power
WHEREAS, for value received, Jaeho Kim executed and delivered to nBank, N.A., f/k/a The First National Bank of Commerce, that certain promissory note, dated April 12, 2002, in the principal amount of Forty-Eight Thousand Nine Hundred Sixty-Two and 29/100 ($48,962.29) 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 191, Pages 437-440, in the Office of the Clerk of the Superior Court of Banks County, Georgia (the “Deed to Secure Debt”); 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 Jaeho Kim the notice required by O.C.G.A. §44-14-162.2.
NOW, THEREFORE, nBank, N.A., acting as attorney in fact for Jaeho Kim, 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 October, 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 1464th GMD, Banks County, Georgia, and being designated as Tract No. 2 containing 10.003 acres, more or less and Tract No. 3 containing 0.239 acre, more or less, as per plat of survey prepared for Chip McClure by Venable & Associates, Inc., Georgia Registered Surveyors, dated January 25, 2001, and recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book D, Page 57. Said plat as recorded is hereby referenced for a more detailed description of said property. Subject to existing easements for public roads and utilities now in use.
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 Jaeho Kim. 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 Jaeho Kim
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.
(SE10,17,24,OC1B/510 6000)
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 dated May 28, 2002, from Jason D. Amerson to Lumpkin County Bank, filed and recorded on June 3, 2002, in Deed Book 193, Pages 576-581, Banks County, Georgia Records (“Security Deed”), said Security Deed having been modified by Modification of Deed to Secure Debt dated January 23, 2003, filed and recorded on February 7, 2003, in Deed Book 207, Pages 551-552, aforesaid records, 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 October, 2003, the following described property:
That tract or parcel of land lying and being in the 1210th GMD of Banks County, Georgia, being described as Tract 1-A containing 2.00 acres, as shown on a plat of survey for Ronald C. Puckett dated September 18, 2001, recorded in Plat Book 26, Page 161, Banks County Records; said plat being incorporated herein for a more complete description of the property.
Property is subject to a 40 foot easement for the purposes of ingress and egress as shown on the above-referenced plat of survey.
Together with a 2001 16 x 56 Fleetwood manufactured home, Serial Number 37612.
The indebtedness secured by said Security Deed, as modified, 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 Security Deed, as modified. The sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees (notice to collect attorney’s fees having been given).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, and easements and restrictions against the property, if any. 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.
To the best of the undersigned’s knowledge and belief, the address of the property is 316 Charity Road, Homer, Georgia, and the party in possession of the property is Jason D. Amerson.
LUMPKIN COUNTY BANK, As Attorney-in-Fact for JASON D. AMERSON
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1P4)

Notice
Georgia, Banks County Probate Court
Joel Dean Dailey has petitioned to be appointed Administrator of the estate of Jessie Marvin Dailey, Jr., 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 October 6, 2003. 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
(SE10,17,24,OC1P4)
Notice
Georgia, Banks County Probate Court
The petition of Joseph Norton Stephens, Sr., for a year’s support from the estate of Sarah Tennie Stephens, 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 October 6, 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
(SE10,17,24,OC1P4)

Notice
Georgia, Banks County Probate Court
The petition of Cathy Brown Russell, for a year’s support from the estate of Claude Harold Russell, 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 October 6, 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
(SE10,17,24,OC1P4)

Notice
Georgia, Banks County Probate Court
The petition of Everett William Mayfield, for a year’s support from the estate of Dorothy Aleen Mayfield, 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 October 6, 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
(SE10,17,24,OC1P4)

Notice
Georgia, Banks County Probate Court
The petition of Vesta C. Shirley, for a year’s support from the estate of Fletcher Shirley, 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 October 6, 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
(SE10,17,24,OC1P4)

Citation
Probate Court of
Banks County
In the Matter of Kayla Michelle Baxter, Minor
Re: Petition of Melisa Jean Baxter for Appointment as Temporary Guardian of the Person
Date of First Publication, If Any September 17, 2003
To: Jackson Robert Wills
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 5th day of September, 2003.
Witness, the Honorable Betty Thomas
By: Kathy Hill, Clerk, Probate Court
(SE17,24P2)

Ryder Estate
Notice to Debtors
and Creditors
All creditors of the estate of Mary Elizabeth Ryder, 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 27th day of August, 2003.
Philip G. Ryder, Executor/Administrator
2061 Hwy. 105
Baldwin, GA 30511
(SE17,24,OC1,8P4)

Inc. Notice
Notice of Incorporation
Notice is given that Articles of Incorporation that will incorporate Bakunas Trucking, Inc., have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code 14-2-202. The initial registered office of the corporation is located at 647 Highway 51, North, Homer, GA 30547, and its initial registered agent at such address is Patricia Haynes.
(SE17,24P2)

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 Benjamin L. Presley and Amy D. Presley to Mortgage Electronic Registration Systems, Inc., dated May 3, 2002, and recorded in Deed Book 192, Pages 87-105, Banks County Records, securing a Note in the original principal amount of $93,600.00, 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, October 7, 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 the 265th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Benjamin L. Presley by Max Lewallon, Registered Surveyor, dated March 28, 2001, recorded at Plat Book 25, Page 169, 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 known as 1190 Hwy. 98, Maysville, GA 30558, 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 Benjamin L. and Amy D. Presley, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Benjamin L. and Amy D. Presley, 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.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Attorney-in-Fact for Benjamin L. Presley and Amy D. Presley
File No. 03-4129
L.J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER*
The Duke Bldg., Ste. 100
2872 Woodcock Blvd.
Atlanta, Georgia 30341
(770) 220-2730/LK
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1B/1323 6000)


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