Banks County Legal Advertisements...

OCTOBER 15, 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
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 Kevin J. Taylor and Tonya L. Taylor to Wells Fargo Home Mortgage, Inc., dated April 3, 2001, recorded in Deed Book 170, Page 374, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-SIX THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($86,500.00), 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 November, 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 Kevin J. Taylor and Tonya L. Taylor or a tenant or tenants and said property is more commonly known as 355 Mountain Creek, 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.
Wells Fargo Home Mortgage, Inc., as Attorney-in-Fact for Kevin J. Taylor and Tonya L. Taylor
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/sap 11/4/03
Our file no. 52130203-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 1.98 acres, more or less, designated as Lot 36 of the Mountain Creek Subdivision, as more particularly shown on a plat of survey prepared for Kevin Taylor and Tonya Taylor by Barry D. Lord, Registered Surveyor, dated February 7, 2001, recorded in Plat Book C, Page 141, 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.
(OC8,15,22,29B/3642 6000)

Notice of Sale
Notice of Sale Under Power Contained in Security Deed
State of Georgia,
County of Banks
Pursuant to a Power of Sale contained in a certain Security Deed executed by Nicholas Buford Denton, hereinafter referred to as Grantor, to United Panam Mortgage, a Division of Pan American Bank, FSB, recorded in Deed Book 140, beginning at Page 400, of the deed records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said Security Deed, the undersigned Attorney-in-Fact for the aforesaid Grantor (which Attorney-in-Fact is the present holder of said Security Deed and note secured thereby) will sell before the door of the Courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in November, 2003, the property which, as of the time of the execution of said Security Deed, was described as set forth in the attached Exhibit “A.”
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, and all other matters of record superior to the said Security Deed. To the best of the undersigned’s knowledge and belief, the party in possession of the property is believed to be Nicholas Buford Denton or tenant(s).
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 Bank Minnesota, National Association as Indenture Trustee of GRP/AG Real Estate Asset Trust 2003-1, as Transferee and Assignee, as Attorney-in-Fact for the aforesaid Grantor
J. Michael Campbell
Attorney at Law
990 Hammond Drive
Suite 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Exhibit “A”
All that tract or parcel of land lying and being in G.M.D. 265 of Banks County, Georgia and being more particularly described as follows:
To find the true point of beginning, begin at a point located on the Northwesterly side of the right of way of Thompson Street, said point being situated 3,673 feet Northeasterly from the intersection of the centerline of Thompson Street with U.S. 441; thence along the centerline of a 20-foot ingress-egress easement North 26 degrees 35 minutes 21 seconds West a distance of 66.08 feet to a point; thence North 38 degrees 33 minutes 33 seconds West a distance of 114.79 feet to a point; thence North 45 degrees 28 minutes 06 seconds West a distance 55.21 feet to a point; thence North 50 degrees 41 minutes 33 seconds West a distance of 57.06 feet to a point; thence North 59 degrees 13 minutes 19 seconds West a distance of 59.23 feet to a point; thence North 76 degrees 09 minutes 58 seconds West a distance of 63.92 feet to a point; thence North 66 degrees 37 minutes 15 seconds West a distance of 22.01 feet to a point; thence North 35 degrees 54 minutes 34 seconds West a distance of 43.04 feet to a point; thence North 12 degrees 08 minutes 27 seconds West a distance of 67.83 feet to an iron pin and the true point of beginning; thence South 57 degrees 10 minutes 31 seconds West a distance of 495.81 feet to an iron pin and corner; thence North 10 degrees 24 minutes 02 seconds East a distance of 306.88 feet to an iron pin and corner; thence South 53 degrees 45 minutes 11 seconds East a distance of 127.06 feet to an iron pin and corner; thence North 80 degrees 46 minutes 12 seconds East a distance of 262.18 feet to an iron pin and the true point of beginning, as per plat of survey prepared by Venable & Associates, Inc., Allen L. Venable, Jr. R.L.S. No. 1761 for Nicholas Denton dated September 18, 1998, and containing 1 acre, more or less.
(OC8,15,22,29B/372 8000)

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 STEPHANIE BUCKNER AND PERRY S. BUCKNER to CONSECO FINANCE SERVICING CORP., dated AUGUST 3, 2000, and recorded on AUGUST 22, 2000, in Deed Book 160, Pages 557-564, BANKS County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Ninety-Three Thousand Forty-Three Dollars and 77/100 Dollars ($93,043.77), 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 NOVEMBER, 2003, the following described property:
That tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia, containing 5.00 acres, more or less, being a portion of Tract #9 according to a plat of survey of Jackson Acres Subdivision dated February 9, 1976, and recorded in Plat Book 6, Page 43, Banks County Records; said plat being incorporated herein by reference for a more complete description of the property.
Subject to Protective Covenants contained in Warranty Deed from William C. Jackson, Jr. to Robert McCormick, dated March 18, 1976, recorded in Deed Book 10, Page 481, and Declaration of Protective Covenants dated May 6, 1988, recorded in Deed Book 51, Pages 264-269, Banks County Records.
Also conveyed is a right-of-way easement for ingress and egress to and from the subject property along the roadway presently existing, as shown on the above-referenced plat of survey.
Together with an interest in that certain 2001 Spring Hill 3563X Mobile Home, Serial Number GAFLY34A73552SH12 and GAFLY34B73552SH12.
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 269 Fawn Run, Alto, Georgia 30510, and the party in possession of the property is Stephanie Buckner, Perry S. Buckner or a tenant or tenants of said property.
GREEN TREE SERVICING, LLC F/K/A CONSECO FINANCE SERVICING CORP., as Attorney-in-Fact for STEPHAINE BUCKNER AND PERRY S. BUCKNER
Kenney & Solomon, P.C.
3675 Crestwood Parkway, Suite 110
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.
(OC8,15,22,29P4)

Evans Estate
Notice to Debtors
and Creditors
All creditors of the estate of Ruby Magdalene Evans, 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 25th day of September, 2003.
William Lamar O’Kelley
Executor/Administrator
515 Diamond Hill Church Road
Maysville, GA 30558
(OC8,15,22,29P4)

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 LORETTA TACKETT to CONSECO FINANCE SERVICING CORP., dated MAY 3, 2000, and recorded on MAY 18, 2000, in Deed Book 157, Pages 145-153, BANKS County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Sixty-Four Thousand Two Hundred Sixty-Three Dollars and 65/100 Dollars ($64,263.65), 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 NOVEMBER, 2003, the following described property:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 4.121 acres, more or less, as shown on plat of survey, prepared by Warren Kelly, Registered Surveyor, dated April 20, 1990, a copy of said plat being recorded among Banks County, Georgia Records in Plat Book 19, Page 107, said plat being incorporated herein by reference for a more complete description.
Together with that certain housing unit which was formerly personalty but is now permanently annexed and affixed to the above described land as a permanent improvement and which is the subject of Georgia Motor Vehicle Certificate of Title No. 11423465AB, and all rights thereunto appertaining.
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 294 Dalton Road, Baldwin, Georgia 30571, and the party in possession of the property is Loretta Tackett or a tenant or tenants of said property.
GREEN TREE SERVICING, LLC F/K/A CONSECO FINANCE SERVICING CORP., as Attorney-in-Fact for LORETTA TACKETT
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.
(OC8,15,22,29P4)

Notice
Georgia, Banks County
There will be sold before the Courthouse door in said state and county (district), between the legal hours of sale, on the first Tuesday in November, 2003, the following property:
ALL THAT TRACT or parcel of land lying in the counties of Habersham and Banks, and fully described as follows: Commencing at an iron pin corner on the right of way of the Southern Railway Company and thence S. 32 1/2 E. 3.16 1/2 chains to stake; thence N. 5.6 E. 3.16 1/2 chains to stake; thence N. 32 1/2 W. 3.16 1/2 chains to a stake on right of way of the Southern Railway Company and thence S. 56 W. 3.16 1/2 chains to the point of beginning. Said property being bounded on all sides, other than its frontage upon the right of way of the Southern Railway Company, by the property formerly belonging to W.H. Webster, containing ONE (1) ACRE, more or less.
ALSO: ALL THAT TRACT or parcel of land lying and being in the county of Banks, State of Georgia, containing One-Half (1/2) acre, more or less, and being part of Lot No. 198 of the tenth land district of Banks County, described as follows: Commencing at an iron pin corner on the road leading from Alto, Georgia, in the direction of C.R. Allan’s place; thence North 21 1/2 feet to Mrs. Edgar Woodall’s line; thence south twenty three feet to line between J.J. Martin and Mrs. Edgar Woodall properties; thence along Mrs. Edgar Woodall’s line to an iron pin corner 209 feet, more or less, thence South 93 feet, more or less, to John Nix line; thence John Nix line to an iron pin corner on said line in a westerly direction; thence North 116 feet, more or less, to the beginning corner.
or as much thereof as will satisfy a certain state and county tax fi fa for the years 1997-2000, and for the amount of $2,100.39 dollars, levied on as the property of George Evans and Bernice Evans, and notice of said levy given to him (and tenant in possession, if any).
This 17th day of September, 2003.
Charles Chapman, Sheriff
(OC8,15,22,29P4)

Notice
Georgia, Banks County Probate Court
The petition of Mary C. Davis, for a year’s support from the estate of Jerry Wayne Davis, 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 November 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
(OC8,15,22,29P4)

Notice
Georgia, Banks County Probate Court
The petition of Novella Simmons, for a year’s support from the estate of Grover Simmons, 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 November 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
(OC8,15,22,29P4)

Brown Estate
Notice to Debtors
and Creditors
All creditors of the estate of Ruth Cannon Brown, 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 26th day of September, 2003.
Rosalyn B. Wilson and Yvonne B. Brannen, Executor/Administrator
3025 Mattison Street
Duluth, GA 30096
(OC8,15,22,29P4)

Public Notice
Notice to the Public
YOU ARE HEREBY NOTIFIED that on the 29th day of October, 2003, at 9:00 A.M., at the Banks County Courthouse in Homer, Georgia, the presiding Judge of the Superior Court of Banks County will hear the case of the STATE OF GEORGIA v. BANKS COUNTY INDUSTRIAL BUILDING AUTHORITY and BANKS COUNTY, GEORGIA, Civil Action File No. 03-CV-375A in the Superior Court of Banks County, the same being a proceeding to confirm and validate Banks County Industrial Building Authority Revenue Bond (Recreation Center Project), Series 2003 in the principal amount of $1,500,000 (the “Bond”). The Bond is to be issued by the Banks County Industrial Building Authority (the “Issuer”) for the purpose of financing a recreation center to be leased to Banks County, Georgia. In said proceeding the Court will also pass upon the validity of (a) a Lease Agreement, dated as of October 1, 2003 (the “Lease Agreement”), between the Issuer and Banks County, Georgia (the “County”), the terms of which obligate said County to make certain rental payments to the Issuer, which payments will be in amounts sufficient to pay the principal of and the interest on the Bond as the same become due, (b) an Escrow Agreement, dated as of October 1, 2003 (the “Escrow Agreement”), between the Issuer and Regions Bank, as escrow agent, and (c) a Security Deed, dated as of October 1, 2003 (the “Security Deed”), which Lease Agreement, Escrow Agreement and Security Deed constitute the security for the Bond. Any citizen of the State of Georgia residing in Banks County, or any other person wherever residing who has a right to object, may intervene and become a party to this proceeding.
This 8th day of October, 2003.
s/Timothy A. Harper, Clerk Superior Court, Banks County, Georgia
(OC15,22B/886 3000)

Public Hearing
Notice of Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office:
Z-03-08 - Application by Keith Segars for rezoning of 1.205 acres on Silver Shoals Road from ARR, Agricultural, Rural Residential to C-2, General Commercial. Proposed Use: Facility for fence company.
Z-03-09 - Application by Louie Dowdy for rezoning of 3.048 acres on Moccasin Gap Road from ARR, Agricultural, Rural-Residential to M-1, Industrial.
V-03-04 - Variance application for Admiral Benbow Inn to re-face an advertising sign that exceeds 40 feet in height on Highway 441, South. The property is zoned C-2, General Commercial.
V-03-05 - Variance application for Steve Barrett to reduce setbacks for home addition. The property is located at 259 Otis Brown Road and is zoned ARR, Agricultural, Rural-Residential.
CU-03-06 - Application by Lamar Hendricks for a conditional use permit for a medical clinic and laboratory at 230 and 232 Industrial Park Drive.
An ordinance to amend Article VI entitled “ARR, Agricultural-Rural Residential Districts”, Sections 602 and 603, of the Code of Banks County, Georgia, to provide for farm structures for the temporary storage of manure or other dust-producing substances as a permitted use; to provide for an effective date; to repeal conflicting ordinances and resolutions; and for other purposes.
The above applications and ordinance are on file in the office of the Banks County Planning Commission and available for public review.
The Banks County Planning Commission will hold a public hearing on the matters on Tuesday, November 4, 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, November 11, 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 15th day of October, 2003.
(OC15B/069 4000)


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