Banks County Legal Advertisements...

NOVEMBER 5, 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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Public Hearing
***STATE BOARD MEMBER
TO HOLD PUBLIC HEARING NOVEMBER 6, 2003
Mrs. Pat Biggerstaff to Host
State Board of Education
Ninth District Public Hearing
The State Board of Education will hold a public hearing for citizens in the Ninth Congressional District on Thursday, November 6, 2003. The meeting will be held from 7:00 - 8:00 PM at the Lincoln County Middle/High School, 345 Ward Avenue, Lincolnton. The purpose of the hearing is to receive comments from citizens and educators regarding public education in the district. Persons wishing to speak may sign in upon arrival. Pat Biggerstaff, the Board’s Ninth District representative, will conduct the hearing. For more information contact Ms. Lynn Roberts at 404-657-7410 or by e-mail: lroberts@doe.k12.ga.us or contact Mrs. Biggerstaff at (706) 359-3353.
The Georgia Department of Education does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services or activities. Individuals who need assistance or auxiliary aids for participation in this public forum are invited to make their needs known to Ms. Lynn Roberts, Georgia Department of Education at (404) 657-7410.
(OC29,NV5B/269 2000)

Citation
Probate Court of
Banks County
In the Matter of: Angel Joe Ramos, Jr., Minor
Re: Petition of Laura Pidgursky for Appointment as Temporary Guardian of the Person
Date of First Publication, If Any: October 29, 2003
To: Angel Ramos, Father
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 20th day of October, 2003.
Witness, the Honorable Betty Thomas
By: Kathy Hill, Clerk, Probate Court
(OC29,NV5P2)

Reese Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Roy William Reese, a/k/a Roy W. Reese, 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 10th day of October, 2003.
Linda Ann Forster McGuire Reese, a/k/a Linda A. Reese, Executrix
190 Cedar Ridge Drive
Commerce, Georgia 30530
(OC29,NV5,12,19P4)

Inc. Notice
Notice of Incorporation
Notice is given that Articles of Incorporation that will incorporate Emerald Landscape Services, 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.
(OC29,NV5P2)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of the default in the payment of a note executed by MICHAEL BLACKBURN and ANDREA BLACKBURN secured by a Deed to Secure Debt executed by MICHAEL BLACKBURN and ANDREA BLACKBURN to BANK OF BANKS COUNTY, now known as REGIONS BANK, dated February 13, 1995, and recorded in the Clerk’s Office of Banks County, Georgia, in Deed Book 94, Pages 446-447; modified by agreement dated November 28, 2001, at Deed Book 133, Pages 545-546, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in December, 2003, during the legal hours of sale at the Courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the land described in said deed, to-wit:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 3.019 acres, more or less, shown by a plat and survey for Thomas A. Kinchen, dated April 15, 1983, by Eddie A. Borders, Registered Surveyor, which plat is recorded in Plat Book 9, Page 123, Office of the Clerk of Superior Court of Banks County, Georgia. Said property is bounded on the east by the Davis Academy Road, on the north by lands of Howell Hill and on the south by lands of George H. Kinchen, Jr.
To the best knowledge and belief of the undersigned, the physical address of the above described property is 1736 Duncan Road, Commerce, GA 30530.
Notice has been given of intention to collect attorneys fees in accordance with the terms of the note secured by said Deed to Secure Debt.
Said property will be sold as the property of MICHAEL BLACKBURN and ANDREA BLACKBURN and subject to the following items which may affect the title to said property: all zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said security deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is MICHAEL BLACKBURN and ANDREA BLACKBURN or tenants.
The sale will be concluded subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deed to secure debt.
REGIONS BANK fka BANK OF BANKS COUNTY, ATTORNEY-IN-FACT FOR MICHAEL BLACKBURN and ANDREA BLACKBURN
Allen Broxton
P. O. Box 430
Gainesville, GA 30503
(770) 531-7722
(NV5,12,19,26B/107 6000)

Notice of Sale
Notice of Sale Under Power
By virtue of the Power of Sale contained in a Deed to Secure Debt by Stephen T. Fowler and Melanie H. Fowler to CitiFinancial Mortgage Company, Inc., dated August 20, 2001, and filed for record August 27, 2001, in Deed Book 177, Page 400, Banks County, Georgia Records, and securing a Note in the original principal amount of $94,936.74, there will be sold at public outcry for cash to the highest bidder before the Courthouse door of Banks County, Georgia, between the legal hours of sale on the first Tuesday in December, 2003, by CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Stephen T. Fowler and Melanie H. Fowler, the following property to-wit:
All that tract or parcel of land shown on Exhibit “A” attached hereto and made a part hereof.
The above described property is also known as 244 Ivory Drive, Baldwin, GA 30511.
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 purpose of paying the same and all expenses of sale, including attorney’s fees (notice of intention to collect attorney’s fees having been given).
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Stephen T. Fowler and Melanie H. Fowler.
CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Stephen T. Fowler and Melanie H. Fowler
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
6259 Riverdale Road
Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Exhibit “A”
ALL THAT TRACT or parcel of land lying and being in Land Lot 203 of the 10th District of Banks County, Georgia, and being Lot 14, Park Avenue Estates Subdivision, as per plat thereof recorded in Plat Book 19, Page 55, Banks County, Georgia Records, which is by reference incorporated herein and made a part hereof.
(NV5,12,19,26B/119 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 Anthony Truelove to Southtrust Mortgage Corporation d/b/a Equibanc Mortgage, dated September 7, 2001, recorded in Deed Book 182, Page 260, 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 FORTY THOUSAND AND 00/100 DOLLARS ($140,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bankers Trust Company, as Trustee, 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 December, 2003, the following described property:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, and being 4.53 acres, and more fully described as Lots 6 and 7 of property of Larry S. Thurmond, as shown on that plat of survey recorded in Plat Book 15, Page 83, of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more complete description of the property.
Said property is commonly known as 926 Brewer Road, Lula, GA 30554.
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 Anthony L. Truelove or tenant(s).
DEUTSCHE BANK TRUST COMPANY AMERICAS, FKA BANKERS TRUST COMPANY, AS TRUSTEE, as Attorney-in-Fact for ANTHONY TRUELOVE
Contact: Janice Gooding (ext. 1279)
Morris, Schneider & Prior, L.L.C
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 382.0304725\JAG
Web Site: www.foreclosures.msplaw.com
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26B/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 Barbara Roberts and Mickey C. Roberts to American Equity Mortgage, Inc., dated September 19, 2000, recorded in Deed Book 163, Page 541, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS ($75,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Deutsche Bank National Trust Company, a national banking association f/k/a Bankers Trust Company of California, N.A., as Trustee for Long Beach Mortgage Loan Trust 2001-1, 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 December, 2003, the following described property:
All that tract or parcel of land lying and being in GMD 207 of Banks County, Georgia, being particularly described as follows: beginning at an iron pin on the Southerly right of way of Sims Bridge Road (having an 80-foot right of way), said point of beginning being located 219.3 feet South 86 Degrees 15 Minutes West from the intersection of the center line of Sims Bridge Road with the center line of Banks County Road No. 92, if extended thereto; thence South 00 Degrees 40 minutes West along the line of property now owned by Bellamy 510.1 feet to an iron pin; thence North 87 Degrees 38 Minutes West along said Bellamy line 493.6 feet to an iron pin; thence North 12 Degrees 22 Minutes East along said Bellamy line 470.4 feet to an iron pin on the Southerly right of way of Sims Bridge Road 96.1 feet to a point; thence North 43 Degrees 30 feet East along the Southerly right of way of Sims Bridge Road 82.2 feet to a point; thence North 85 Degrees 35 minutes East along the Southerly right of way of Sims Bridge Road 81.7 feet to a point; thence North 88 Degrees 20 Minutes East along the Southerly right of way of Sims Bridge Road 94.7 feet to a point; thence South 89 Degrees 39 Minutes East along the Southerly right of way of Sims Bridge Road 45.2 feet to the iron pin at the point of beginning; being improved property containing 5.00 acres according to the survey prepared by Max LeWallen for Barbara Mitchell, July 14, 1994.
Said property is commonly known as 728 Sims Bridge, Commerce, GA 30530.
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 Barbara Roberts and Mickey C. Roberts or tenant(s).
DEUTSCHE BANK NATIONAL TRUST COMPANY, A NATIONAL BANKING ASSOCIATION F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2001-1, as Attorney-in-Fact for BARBARA ROBERTS AND MICKEY C. ROBERTS
Contact: Jessica Grey (ext. 1414)
Morris, Schneider & Prior, L.L.C
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 381.0315881\JDG
Web Site: www.foreclosures.msplaw.com
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26B/3641 8000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in a Deed to Secure Debt from Milivoj Vlasic to Lanier National Bank dated May 22, 1998, and recorded at Deed Book 129, Page 464, Banks County Records, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, during the legal hours of sale on the first Tuesday in December, 2003, the following described property, to-wit:
All that tract or parcel of land lying and being in the 207th District G.M. Banks County, Georgia, containing 3.43 acres more or less and being the whole Lot 11 as shown on the certain plat of survey by James N. Paul for Tefel, Inc. dated June 13, 1984, and recorded in Plat Book 10, Page 65, Banks County Records, which plat and recording are incorporated herein and made a part hereof by reference thereto.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of paying said debts and all expenses of this sale, including attorney’s fees, notice having been given. This property will be sold as the property of Milivoj Vlasic and is subject to any outstanding taxes, easements, and assessments appearing of record.
Branch Banking & Trust Company as successor to Lanier National Bank, as Attorney-in-Fact for Milivoj Vlasic.
JONES, MORRISON & WOMACK, P.C.
1250 Peachtree Center Tower
230 Peachtree St., N.W.
Atlanta, GA 30303
(404) 658-1670
(NV5,12,19,26P4)

Notice of Sale
Notice of Sale Under Power
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 David M. Savage, Sr. to Mortgage Electronic Registration Systems, Inc., dated July 15, 2002, recorded in Deed Book 196, Page 6, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-EIGHT THOUSAND AND 0/100 DOLLARS ($58,000.00), 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 December, 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 David M. Savage or a tenant or tenants and said property is more commonly known as 185 Free 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 David M. Savage, Sr.
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/aeb 12/2/03
Our file no. 52458703-FT1
EXHIBIT “A”
All that tract or parcel of land known as Tract 2, containing 1.00 acre, more or less, lying and being in the 1210th G.M.D., Banks County, Georgia, and bounded now or formerly as follows: North by Tract 1; East by Free Drive (county paved rd #105); South by lands of Carol Dalton; and West by Tract 3.
Said property being more particularly described according to a Plat of Survey for David L. Jewell, Junne W. Jewell, and H. Douglas Dorsey, prepared by Max Lewallen, Registered Surveyor, dated May 17, 1996, and being shown as Tract 2 therein. Said plat being recorded in Plat Book 20, Page 203, public records of Banks County, Georgia. Said plat is incorporated herein for a more complete description.
(NV5,12,19,26B/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 Sarah L. Hoopaugh to Wells Fargo Home Mortgage, Inc., dated August 31, 2001, recorded in Deed Book 179, Page 383, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND AND 0/100 DOLLARS ($170,000.00), 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 December, 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 Sarah L. Hoopaugh or a tenant or tenants and said property is more commonly known as 1590 Wynn Lake Road, Alto, GA 30510.
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 Sarah L. Hoopaugh
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/jro 12/2/03
Our file no. 52455203-FT5
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 448th G.M.D., Banks County, Georgia, containing 3.00 acres, more or less, and being more particularly described and designated as Lot 1 on a plat of survey entitled “Survey for Roy Martin,” by Max Lewallen, GRLS No. 2067 dated November 28, 1989, and revised on March 22, 2001, said plat being recorded in Plat Book 25, Page 163, in the records of the Clerk of the Superior Court for Banks County, Georgia and being incorporated herein by reference or a more particular description of the above property.
(NV5,12,19,26B/3642 6000)

Notice
Superior Court of
Banks County
State of Georgia
In the Matter of:
The 2003 Tax Digest for
Banks County, Georgia
Civil Action File No. 03-CV-410
PETITION FOR ORDER AUTHORIZING THE IMMEDIATE AND TEMPORARY COLLECTION OF AD VALOREM MOTOR VEHICLE TAXES
COMES NOW the Board of Commissioners of Banks County, Georgia, as Petitioner, pursuant to O.C.G.A. §48-5-310, and files this Petition for Order Authorizing the Immediate and Temporary Collection of Ad Valorem Motor Vehicle Taxes, showing the Court as follows:
1. Petitioner is the governing body of Banks County, Georgia. Petitioner is authorized under the laws of the State of Georgia to levy and collect ad valorem taxes upon all property located within its jurisdiction (Banks County), both for Banks County and for the Banks County School District.
2. Petitioner files this Petition to obtain an order allowing the temporary and immediate collection of 2004 ad valorem taxes on motor vehicles located in Banks County, Georgia. Petitioner seeks such an order because, due to reevaluation, the digest has not been approved, the millage rate cannot be set, the amount of taxes due cannot be determined, and tax bills cannot be prepared. Although Petitioner has authorized and requested that the Banks County Tax Commissioner obtain from the Commissioner of the Georgia Department of Revenue an order allowing the Banks County Tax Commissioner to accept voluntary payments of 2003 ad valorem taxes on real and personal property based on 2002 tax amounts, this procedure is not available for ad valorem taxes on motor vehicles. As a result, 2004 ad valorem taxes on motor vehicles cannot be collected, and Petitioner is in need of revenues to maintain the orderly and normal function of its business and affairs.
3. Pursuant to Paragraph I of Section 4 of Article IX of the Constitution of the State of Georgia and Title 48 of the Official Code of Georgia Annotated, Petitioner is authorized to set a millage rate and levy ad valorem taxes for Banks County, Georgia, based on assessments provided by the Banks County Board of Tax Assessors.
4. In order for ad valorem taxes to be levied in a particular year, a digest must be prepared and a millage rate must be set by Petitioner and the Board of Education of Banks County. In order for a digest to be prepared, the Banks County Board of Tax Assessors must first complete the revision and assessment of returns and forward the returns to the Banks County Tax Commissioner, who then prepares a digest and submits it to the Commissioner of the Georgia Department of Revenue for approval.
5. Pursuant to O.C.G.A. §48-5-302, the Banks County Board of Tax Assessors is charged with the duties of, amount other things, completing a revision and assessment of the returns of taxpayers in Banks County each year.
6. In the year 2003, acting pursuant to its official duties conferred by law, the Banks County Board of Tax Assessors undertook reevaluation or reappraisal of real and personal property in Banks County.
7. Consequently, the tax digest has not been submitted to the Commissioner of the Georgia Department of Revenue for the year 2003.
8. The inability to obtain approval of the digest prohibits or prevents collections from being made and enforced on the digest, and also effectively prevents Petitioner and the Banks County Board of Education from setting a millage rate.
9. Although Petitioner has authorized and requested that the Banks County Tax Commissioner obtain from the Commissioner of the Georgia Department of Revenue an order allowing the Banks County Tax Commissioner to accept voluntary payments of 2003 ad valorem taxes on real and personal property based on 2002 tax amounts, this procedure is not available for ad valorem taxes on motor vehicles. Consequently, because a millage rate has not been set, the Banks County Tax Commissioner cannot determine the amount of 2004 ad valorem taxes on motor vehicles.
10. Unless the Court authorizes the immediate and temporary collection of 2004 ad valorem taxes due on motor vehicles, Petition will not be able (a) to pay the County’s debts as they mature; (b) pay appropriate salaries of employees, other government officials, and other persons entitled to receive either compensation by or funds from the County as provided by law; (c) maintain an orderly and normal function of county business and governmental affairs; (d) maintain an adequate, proper or desirable credit rating either to maintain or affect existing or future interest rates on bonded indebtedness on loans incurred or obligated by the county governing authority; and (e) avoid by practical means the suffering of immediate and irreparable injury, loss or damage.
11. The last year in which Banks County had an approved tax digest as provided in Title 48 of the Official Code of Georgia Annotated was 2002.
12. By the filing of this petition, tax collections are currently sought for 2004 ad valorem taxes on motor vehicles.
13. Pursuant to O.C.G.A. §48-5-441, motor vehicles are a separate class of property. Pursuant to O.C.G.A. §48-5-442(a)(1), the Commissioner of the Department of Revenue prepares a uniform evaluation of all motor vehicles for use as the taxable value of motor vehicles.
14. In Banks County, no local act governs the time for payment of ad valorem taxes on motor vehicles, so pursuant to O.C.G.A. §§48-5-473, 48-5-440, and 40-2-21, ad valorem taxes on motor vehicles owned by natural persons domiciled in Banks County are due and payable beginning thirty-one days before the owner’s birthday, and such taxes must be paid by midnight on the birthday of the owner, and taxes for motor vehicles owned by entities other than natural persons are due and payable in a particular month depending on the beginning letter of the owner’s name.
15. Consequently, taxpayers with January birthdays can pay 2004 taxes on motor vehicles beginning in December.
16. Pursuant to O.C.G.A. §§40-2-23(a) and 48-5-475, Tax Commissioners are designated by Georgia Law as local tag agents for the purpose of accepting applications for the registration of motor vehicles. Consequently, the Banks County Tax Commissioner collects ad valorem taxes on motor vehicles located in Banks County.
17. Pursuant to O.C.G.A. §48-5-443, motor vehicles are taxed at the same millage rate as the previous calendar year. As a result, 2004 ad valorem taxes on motor vehicles should be based on the 2003 millage, but this millage has not been set.
18. Consequently, Petitioner asks that Petitioner and the Banks County Tax Commissioner be able temporarily and immediately to collect 2004 taxes on motor vehicles based on the 2002 millage rate and the current values provided by the Commissioner of the Department of Revenue. The millage rate for 2002 was as follows:
Banks County, TOTAL: 20.696
It is Petitioner’s intent that (a) taxpayers will be billed temporarily for 2004 ad valorem taxes based on the 2002 millage rate and the current value provided by the Georgia Department of Revenue, (b) after the digest is approved, Petitioner will set a millage for 2003, and taxpayers who have not yet paid 2004 ad valorem taxes on motor vehicles at that time will then pay based on the 2003 millage rate (as provided by law), and (c) taxpayers who have paid 2004 ad valorem taxes on motor vehicles will be entitled to apply in person at the Office of the Banks County Tax Commissioner for a refund, if one is owed, but will not be required to pay any additional tax owed.
19. Petitioner is entitled to an order authorizing the immediate and temporary collection of ad valorem taxes on motor vehicles and heavy equipment based on the current valuations provided by the Commissioner and the 2002 millage rate. The Court should also provide that, after the 2003 digest has been approved and the millage rate set, (a) taxpayers who have not yet paid 2004 ad valorem taxes on motor vehicles at that time will then pay based on the 2003 millage rate (as provided by law), and (b) taxpayers who have paid 2004 ad valorem taxes on motor vehicles will be entitled to apply in person at the Office of the Banks County Tax Commissioner for a refund, if one is owed, and will not be required to pay any additional tax owed.
20. The basis upon which Petitioner seeks to collect temporary taxes is reasonable method which will do substantial justice to the parties under the exigencies of all the circumstances.
21. Petitioner has informed representatives of the Banks County Board of Education of Petitioner’s intention to file this Petition, and such representatives have indicated their approval of the filing of this Petition. Petitioner is informed that, if the Order requested in this Petition is not entered, then the Banks County School District will not be able (a) to pay the School District’s debts as they mature; (b) pay appropriate salaries of employees, other government officials, and other persons entitled to receive either compensation by or funds from the School District as provided by law; (c) maintain an orderly and normal function of school business and governmental affairs; (d) maintain an adequate, proper or desirable credit rating either to maintain or affect existing or future interest rates on bonded indebtedness on loans incurred or obligated by the School District’s governing authority (the Banks County Board of Education); and (e) avoid by practical means the suffering of immediate and irreparable injury, loss, or damage.
WHEREFORE, Petitioner respectfully requests that:
(a) The Court set a time and date for a hearing on this Petition, which hearing shall be no less than ten (10) days from the date of filing this Petition;
(b) The Court direct that Petitioner have the Petition published at least once prior to the hearing in The Banks County News, the official newspaper of Banks County for publication of official notices;
(c) The Court order that Petitioner post a copy of this Petition in a prominent place in the Banks County Courthouse;
(d) The Court order that Revenue Commissioner of the State of Georgia be served with a copy of this Petition by overnight delivery service;
(e) The Court allow any interested parties to intervene for the purpose of opposing the issuance of an order allowing the immediate and temporary collection of taxes;
(f) After conducting a hearing, the Court enter an order authorizing the immediate and temporary collection of ad valorem taxes on motor vehicles and heavy equipment based on the current valuations provided by the Commissioner and the 2002 millage rate; and providing that, after the 2003 digest has been approved and the millage rate set, (1) taxpayers who have not yet paid 2004 ad valorem taxes on motor vehicles at that time will then pay based on 2003 millage rate (as provided by law), and (2) taxpayers who have paid 2004 ad valorem taxes on motor vehicles will be entitled to apply in person at the Office of the Banks County Tax Commissioner for a refund, of one is owed, and will not be required to pay any additional tax owed; and
(g) The Court order such other and further relief as the Court deems just and proper.
Respectfully Submitted this 29th day of October, 2003.
STEWART, MELVIN & FROST, LLP
By: J. Randall Frost
State Bar No. 278400
ATTORNEYS FOR PETITIONER
P.O. Box 3280
Gainesville, GA 30501
(770) 536-0101
Exhibit “A”
RESOLUTION AUTHORIZING THE FILING OF A PETITION AUTHORIZING THE IMMEDIATE COLLECTION OF MOTOR VEHICLE AD VALOREM TAXES FOR THE MONTHS OF JANUARY, FEBRUARY AND MARCH, 2004, AND UNTIL THE 2003 BANKS COUNTY TAX DIGEST IS APPROVED AND THE MILLAGE RATE IS ESTABLISHED BY THE BANKS COUNTY BOARD OF COMMISSIONERS.
WHEREAS, Banks County is authorized under the laws of the State of Georgia to levy and collect motor vehicle ad valorem property taxes; and
WHEREAS, as a result of reevaluation of property located in Banks County, the county’s 2003 tax digest is not ready for submission to the Georgia Department of Revenue for approval at this time, and
WHEREAS, the collection of motor vehicle ad valorem taxes that will come due in January, February, and March, 2004, and thereafter is available to Banks County pursuant to the authority granted by O.C.G.A. §48-5-310; and
WHEREAS, the Board of Commissioners of Banks County is desirous of seeking an order from the Superior Court of Banks County authorizing the immediate collection of motor vehicle ad valorem taxes that will come due until the 2003 Banks County tax digest is approved by the Georgia Department of Revenue; and
WHEREAS, in the absence of an order from the Superior Court of Banks County authorizing the immediate collection of motor vehicle ad valorem taxes that will come due until the 2003 Banks County tax digest is approved by the Georgia Department of Revenue, the citizens of Banks County cannot avoid by practical means the suffering of immediate and irreparable injury, loss, and damage, in that drivers of motor vehicles located in Banks County will not be able to pay motor vehicle ad valorem taxes and obtain the required sticker for a motor vehicle tag and thus be in violation of the law requiring a current sticker on a motor vehicle tag.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Banks County hereby authorizes the Banks County Attorney to file a petition in the Superior Court of Banks County seeking a court order that will allow for the immediate collection of motor vehicle ad valorem taxes that will come due until the 2003 Banks County tax digest is approved by the Georgia Department of Revenue based upon the millage rate for the various tax districts in Banks County according to the schedule attached as Exhibit “B”.
BANKS COUNTY BOARD OF COMMISSIONERS
By: Kenneth Brady, Chairman
By: Ricky Cain, Commissioner
By: Pat Westmoreland, Commissioner
Exhibit “B”
BANKS COUNTY TEMPORARY MILLAGE RATES FOR VEHICLE TAX COLLECTIONS
Banks County, TOTAL: 20.696
Superior Court of
Banks County
State of Georgia
In the Matter of:
The 2003 Tax Digest for
Banks County, Georgia
Civil Action File No. 03CV410
VERIFICATION
Personally appeared before the undersigned officer duly authorized to administer oaths, KENNETH BRADY, who, being duly sworn, states under oath that he is the Chairman of the Board of Commissioners of Banks County, and that the facts set forth in this Petition for an Order Authorizing the Immediate Collection of Motor Vehicle Taxes that will come due prior to the approval of the 2003 Banks County Tax Digest and the establishment of the current millage rate is true and correct to the best of deponent’s knowledge, information and belief, and that the Petition is authorized by the Board of Commissioners of Banks County.
This 29th day of October, 2003.
Kenneth Brady, Chairman, Banks County Board of Commissioners
Sworn to and subscribed before me this 29th day of October, 2003.
Erlene O. Stowe, Notary Public
Superior Court of
Banks County
State of Georgia
In the Matter of:
The 2003 Tax Digest for
Banks County, Georgia
Civil Action File No. 03CV410
RULE NISI ORDER
The Board of Commissioners of Banks County, Georgia, having filed a Petition for Order Authorizing the Immediate and Temporary Collection of Ad Valorem Motor Vehicle Taxes (the “Petition”) pursuant to O.C.G.A. §48-5-310, and for good cause shown;
IT IS HEREBY ORDERED that, pursuant to O.C.G.A. §48-5-310(c), a hearing on the Petition shall be held in the Courtroom of the Banks County Courthouse in Homer, Georgia, on the 6th day of November, 2003, beginning at 11:30 o’clock a.m. In accordance with O.C.G.A. §48-5-310(c), the date of the hearing is no less than ten (10) days from the date of filing of the Petition.
IT IS FURTHER ORDERED that the Banks County Board of Commissioners shall cause the Petition and this Order to be published in The Banks County News (the official newspaper of Banks County, Georgia, for publication of official notices on November 5, 2003.
IT IS FURTHER ORDERED that the Banks County Board of Commissioners post a copy of the Petition in a prominent place in the Banks County Courthouse before the date of the hearing.
IT IS FURTHER ORDERED that the Banks County Board of Commissioners shall serve by overnight delivery the Commissioner of the Georgia Department of Revenue with a copy of the Petition and this Order.
IT IS FURTHER ORDERED that, before the hearing, any interested party may intervene for the purpose of opposing the issuance of an order allowing the immediate and temporary collection of taxes as requested in the Petition.
SO ORDERED, this 29th day of October, 2003.
David Motes, Judge, Superior Court, Piedmont Judicial Circuit
Submitted by:
STEWART, MELVIN & FROST, LLP
By: J. Randall Frost
State Bar No. 278400
P.O. Box 3280
Gainesville, GA 30503
(770) 536-0101
Superior Court of
Banks County
State of Georgia
In the Matter of:
The 2003 Tax Digest for
Banks County, Georgia
Civil Action File No.: 03CV410
CERTIFICATE OF SERVICE
This is to certify that I have this day served a true and correct copy of the within and foregoing Petition for an Order Authorizing the Immediate and Temporary Collection of Ad Valorem Motor Vehicle Taxes and Rule Nisi Order upon the Revenue Commissioner of the State of Georgia by overnight delivery service and addressed as follows:
The Honorable Bart L. Graham
Commissioner of Revenue
State of Georgia
1800 Century Center Blvd., NE
Suite 15300
Atlanta, Georgia 30345-3205
This 29th day of October, 2003.
STEWART, MELVIN & FROST, LLP
By: J. Randall Frost
State Bar No. 278400
ATTORNEYS FOR PETITIONER
P.O. Box 3280
Gainesville, GA 30501
(770) 536-0101
(NV5B/620 30000)

Advertisement
for Bids
Department of Transportation
State of Georgia
Federal Project No.
STP-0001-00 (873) 01
Banks County
Sealed proposals for furnishing all labor, material, equipment and other things necessary for the following work will be received by the undersigned at the general office of the Department of Transportation, 2 Capitol Square, Atlanta, Georgia 30334, until 11:00 a.m., November 21, 2003, and publicly opened.
1.052 miles of stream restoration on Black Creek and construction of a wetland mitigation site on SR 15/US 441.
Contract Time: 09/30/06; Proposal Guaranty: 5%; District Office: Gainesville; Price of Plans: $22.00
DBE: 0.00
Plans and specifications may be inspected at the general office in Atlanta and the district office indicated. Copies of the standard specifications ($20.00), the proposal form ($10.00), and the plans (indicated price) may be obtained from the State Transportation office engineer at the general office in Atlanta, telephone number (404) 656-5293. Payment of the correct amount must be made within 30 days of billing; such payments are not refundable.
Payment will be made to the contractor each calendar month based on the estimated work complete in place as prescribed by the standard specifications.
The state reserves the right to reject any or all bids.
Harold E. Linnenkohl, Commissioner
Department of Transportation
(NV5,12B/271 3000)

Public Notice
City of Lula, Georgia
Be advised, pursuant to Ordinance No. 03-07, “Re-Zoning of Chambers Property, now owned by Don Heard c/o Legacy Custom Works, Inc.,” and Ordinance No. 03-07, “Re-Zoning Regulations,” a public hearing for re-zoning has been scheduled before the Lula City Council on the 17th day of November, 2003, at 7:00 p.m., at the Lula City Hall, 6055 Main Street, Lula, Georgia. Don Heard c/o Legacy Custom Works, Inc., has made application for re-zoning of 36.20 acres, with the change in zoning being from Banks County, Lula, Agricultural A-I, to Banks County, Lula Residential R-1, on property located on Hampton Street, recorded in Banks County, Georgia.
At said public hearing, all persons, or residents owning property in the City of Lula or in the area proposed for re-zoning may be heard on the question of zoning of such area by the City of Lula, Georgia.
MILTON TURNER
Mayor, City of Lula, Georgia
(NV5,12B/3816 2000)

Notice
Probate Court of
Banks County
Re: Petition of Phyllis E. Cook to Probate In Solemn Form the Will of Dennis Troy Daniell, Deceased, Upon Which An Order for Service was Granted By This Court on October 27, 2003.
To: Deborah Pauline Bailey, Dennis Wayne Daniell, Wilma Jean Rampley and all and singular the heirs of said decedent, and to whom it may concern:
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before December 1, 2003, at 10:00 a.m.
To: Dennis Wayne Daniell
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before the thirteenth (13th) day after October 27, 2003, (the date of the mailing of this Notice to you by certified or registered mail, return receipt requested); provided, however, that if a return receipt for such Notice is actually received by the Court within such 13 days, the deadline for the filing of any objection shall be ten (10) days from the date of receipt shown on such return receipt.
Be Notified Further: All objections to the petition must be in writing, setting forth the grounds of any such objections. 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
(NV5,12,19,26P4)

Notice
Georgia, Banks County Probate Court
Jean Turner has petitioned to be appointed Administrator of the estate of Molly Myers Moody, 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 December 1, 2003, by 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(NV5,12,19,26P4)

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 Bobby Hudler and Rene Hudler to Option One Mortgage Corporation, dated June 30, 1999, recorded in Deed Book 146, Page 2, Banks County, Georgia Records, as last transferred to Wells Fargo Bank Minnesota, National Association, as Trustee for the registered Holders of Option One Mortgage Loan Trust 1999-C, Asset-Backed Certificates, Series 1999-C, 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 EIGHTY-TWO THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND 0/100 DOLLARS ($82,875.00), 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 December, 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 Bobby Hudler or a tenant or tenants and said property is more commonly known as 2876 Highway 326, Commerce, GA 30530.
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, National Association, as Trustee for the registered Holders of Option One Mortgage Loan Trust 1999-C, Asset-Backed Certificates, Series 1999-C, without recourse, as Attorney-in-Fact for Bobby Hudler and Rene Hudler
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/aeh 12/2/03
Our file no. 52270803-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, containing 4.00 acres, more or less, and more particularly described a follows:
Beginning at the intersection of County Road No. 63, also known as Duncan Road, and Georgia Highway 326 (an 80 foot Right Of Way); running thence 0.6 miles along the Southerly right of way of Georgia Highway 326 to an iron pin found and the True Point of Beginning; running thence South 04 degrees 04 minutes East a distance of 384.2 feet to an iron pin found; running thence South 55 degrees 43 minutes West a distance of 403.3 feet to a point; running thence North 04 degrees 04 minutes West a distance of 617.7 feet to a point along the Southerly right of way of Georgia Highway; running thence South 88 degrees 43 minutes East a distance of 148.0 feet to a point along the Southerly right of way of Georgia Highway 326; running thence South 89 degrees 13 minutes East a distance of 201.9 feet to an iron pin found and the True Point of Beginning; all as more fully set forth on that certain plat of survey dated May 20, 1994, revised June 21, 1999, which plat of survey was prepared for Bobby Hudler by Max Jackson Lewallen, Georgia Registered Land Surveyor No. 2067, which plat of survey is incorporated herein and made a part hereof.
Being a portion of the property described in Warranty Deed dated April 13, 1993, from Donna Jane Schlinkert to Tommy L. Watkins and Barbara B. Davis, recorded in Deed Book 78, Page 649, Records of Banks County, Georgia.
Further being a portion of that certain property shown on a survey recorded in Plat Book 18, Page 51, Banks County, Georgia Records.
(NV5,12,19,26B/3642 9000)


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