Banks County Legal Advertisements...

DECEMBER 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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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 Atalie C. Daniel to Mortgage Electronic Registrations Systems Inc., dated November 28, 2001, recorded in Deed Book 182, Page 687, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY THOUSAND AND 0/100 DOLLARS ($80,000.00), 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 January, 2004, 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 Atalie C. Daniel or a tenant or tenants and said property is more commonly known as 591 Lake Forest Drive, Commerce, GA 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
Mortgage Electronic Registration Systems, Inc., as Attorney-in-Fact for Atalie C. Daniel
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/mam 1/6/04
Our file no. 52591103-FT5
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 455th GMD of Banks of County, Georgia as described as Lot 15, as shown on plat prepared by Russell N. Bartlett dated November 18, 1987, recorded in Plat Book 13, Page 91, in the Office of the Clerk of the Superior Court of Banks County, Georgia. Said plat and the record thereof are herein incorporated for a full and complete legal description.
(DC10,17,24,31B/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 January, 2004, 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.
(DC10,17,24,31B/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 Mary T. Blume to Express Capital Lending, dated September 21, 2000, recorded in Deed Book 162, Page 408, 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 FOURTEEN THOUSAND EIGHT HUNDRED FIFTY AND 00/100 DOLLARS ($114,850.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Interbay Funding, LLC, 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 January, 2004, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, containing 1.708 acres, more or less, as per plat of survey prepared for James Beatty by Ringo & Sadler, Georgia Registered Surveyor, dated April 28, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 23, Page 22. 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.
Said property is commonly known as 4 Comer Street, Maysville, GA 30558.
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 Mary T. Blume or tenant(s).
INTERBAY FUNDING, LLC, as Attorney-in-Fact for MARY T. BLUME
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. 438.0318155\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.
(DC10,17,24,31B/3641 5000)

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 James S. Massey to NBank Mortgage Company, dated August 11, 2000, and recorded in Deed Book 160, Page 397, BANKS County Records, said Security Deed, having been last sold, assigned, transferred and conveyed to Mortgage Electronic Registration Systems, Inc., by Assignment aforesaid records securing a Note in the original principal amount of $185,600.00, 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, January 6, 2004, 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 on the Northern right of way of Ridgeway Road in the 265 G.M. District of Banks County, Georgia, containing 2.00 acres according to a plat of survey prepared for “Henry and Catherine Bookout” by Allen L. Venable, Georgia Registered Land Surveyor, dated July 7, 1988, and being bounded according to said survey on the North and East by property of William Gordon, on the South by the right-of-way of Ridgeway Road and on the West by property of Richard Hill. For a more complete description of the property, reference is made to said plat of survey a copy of which is recorded at Plat Book 14, Page 16, Banks County, Georgia Records.
Said property is known as 627 McCoy Bridge Road, Homer, GA 30547, 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 James S. Massey and Jenny B. Massey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of James S. Massey and Jenny B. Massey, 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 James S. Massey, his successor in title being James S. Massey and Jenny B. Massey
File No. 03-6527
L.J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER*
The Duke Bldg., Ste. 100
2872 Woodcock Blvd.
Atlanta, Georgia 30341
(770) 220-2730/ddk
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC10,17,24,31B/1323 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by William Borders to Alliance Funding dated the 13th day of January, 2000, and recorded in Deed Book 153, Page 94, BANKS County, Georgia Records; last transferred to LaSalle Bank, N.A. f/k/a LaSalle National Bank, as Trustee under The Pooling and Servicing Agreement dated 03/01/2000, Series 2000-1 by assignment to be recorded; the undersigned, LaSalle Bank, N.A. f/k/a LaSalle National Bank, as Trustee under The Pooling and Servicing Agreement dated 03/01/2000, Series 2000-1, pursuant to said deed and the 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 in January, 2004, during the legal hours of sale, at the Courthouse door in BANKS County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
FOR LEGAL DESCRIPTION, SEE EXHIBIT “A” ATTACHED
which has the property address of 124 Loggins Trail, Commerce, GA, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
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 attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of William Borders and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
LaSalle Bank, N.A. f/k/a LaSalle National Bank, as Trustee under The Pooling and Servicing Agreement dated 03/01/2000, Series 2000-1, as Attorney-in-Fact for William Borders
McCurdy & Candler, L.L.C.
By: Anthony DeMarlo, Attorney
(404) 370-7230
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND 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 465th G.M. District, Banks County, Georgia, being Lot 17, re-subdivision of Lots 17 & 18, Unit One, River Run Esatates, as shown on survey for C.H.S. Associates, Inc., by G. Brian Slate, RLS #2629, dated April 29, 1998, according to plat recorded at Plat Book 23, Page 1, Banks County, Georgia, which plat is incorporated herein by reference.
Together with the mobile home therein originally being a 2000 Sweetwater Mobile Home SHGA5428AB which has been affixed to the above described real estate with the intent that it become part of the real estate conveyed hereby.
(DC10,17,24,31B/1325 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in that certain Deed to Secure Debt/Security Deed executed by Jeffery Roberts and Rhonda Roberts to The CIT Group/Consumer Finance, Inc. dated December 10, 2001, and recorded in Book: 183, Page: 674, Banks County, Georgia Records, said Deed to Secure Debt/Security Deed having been given to secure a Note dated December 10, 2001, in the original principal sum of Sixty Three Thousand Two Hundred Thirty Dollars and no cents ($63,230.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2004, the property described as:
All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, being Lot 8, Unit Two, River Run Estates, as per plat recorded in Plat Book 13, Page 98, records of Banks County, Georgia, which plat is incorporated herein by reference.
which has the property address of 140 Lake Forest Drive Commerce, GA 30529, together with all fixtures and other personal property conveyed by said deed.
The debt secured by said Deed to Secure Debt/Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Jeffery Roberts and Rhonda Roberts, subject to the outstanding ad valorem taxes and/or assessments, if any, and all rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record having priority over this Deed to Secure Debt/Security Deed.
Said property will be sold as the property of Jeffery Roberts and Rhonda Roberts and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Deed to Secure Debt/Security Deed.
The CIT Group/Consumer Finance, Inc., as Attorney-in-Fact for Jeffery Roberts and Rhonda Roberts
By: Trustee Management Company
10500 Barkley, Suite 102
Overland Park, KS 66212
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC10,17,24,31P4)

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 January, 2004, 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 notice is provided pursuant to O.C.G.A. ß 44-14-162 and the terms of the Security Deed and is not to be construed as an attempt to collect a debt.
(DC10,17,24,31P4)

Notice
Probate Court of
Banks County
Re: Petition of Shannon Crump to Probate In Solemn Form the Will of Winnie P. Weaver, deceased, Upon Which An Order for Service Was Granted By This Court on November 26, 2003.
To: Trenson Bennett 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 January 5, 2004, at 10:00 a.m.
This is further to notify Charlie Bennett, who is required to be served personally, to file objection, if there is any, to the above referenced petition, in this Court on or before the tenth (10th) day after the date you are personally served.
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
(DC10,17,24,31P4)

Notice
Georgia, Banks County Probate Court
Alan G. Dial has petitioned to be appointed Administrator of the estate of Charles E. Dial, 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 January 5, 2004, at 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(DC10,17,24,31P4)

Notice
Georgia, Banks County Probate Court
Kathy Erwin Turpin has petitioned to be appointed Administrator of the estate of Ray Bradley Erwin, 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 January 5, 2004, at 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(DC10,17,24,31P4)

Notice
Georgia, Banks County Probate Court
Betty R. Bennett has petitioned to be appointed Administrator of the estate of Danny Lamar Bennett, 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 January 5, 2004, at 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(DC10,17,24,31P4)

Notice
Georgia, Banks County Probate Court
The petition of Lona Ellen Saville, for a year’s support from the estate of Daniel Lewis Saville, Sr., 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 January 5, 2004, 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
(DC10,17,24,31P4)

Notice
Georgia, Banks County Probate Court
J.L. White has petitioned to be appointed Administrator of the estate of Francis Ruth Crist White, 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 January 5, 2004, at 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(DC10,17,24,31P4)

Moody Estate
Notice to Debtors
and Creditors
All creditors of the estate of Molly Myers Moody, 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 1st day of December, 2003.
Jean Turner, Executor/Administrator
362 Sunrise Ridge
Baldwin, GA 30511
(DC10,17,24,31P4)

Clark Estate
Notice to Debtors
and Creditors
All creditors of the estate of Ruby D. Clark, 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 8th day of December, 2003.
Matt Clark, Executor/Administrator
387 East Co. Line Road
Danielsville, GA 30633
(DC17,24,31,JA7P4)

Hooper Estate
Notice to Debtors
and Creditors
All creditors of the estate of Clara B. Hooper, 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 11th day of December, 2003.
Denver Owens, Executor/Administrator
5388 Yonah Homer Road
Alto, GA 30510
(DC17,24,31,JA7P4)

Inc. Notice
Notice of Intent
to Incorporate
Notice is given that Articles of Incorporation, which incorporate Tripp’s Trucking, Inc., have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 201 Charity Road, Homer, Banks County, Georgia 30547, and its initial registered agent at such address is Eugene Talmadge Martin, Jr.
(DC24,31P2)

Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed to Secure Debt executed and delivered by BARRY D. NEHR to COMMUNITY BANK AND TRUST f/k/a COMMUNITY BANK AND TRUST-JACKSON, dated December 22, 1999, and recorded in Deed Book 152, Pages 632-638, Office of the Clerk of Superior Court of Banks County, Georgia; securing sums in the original principal amount of $58,100.00; in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney-in-Fact for the said BARRY D. NEHR, as provided in said Deed to Secure Debt, between the hours of 10:00 a.m. and 4:00 p.m. Eastern Time, on the first Tuesday in January, 2004, to-wit: January 6, 2004:
All that tract or parcel of land lying and being in the 207th G.M.D., Banks County, Georgia, being Tract 1, containing 13.87 acres, according to a plat of survey for: Barry Nehr, by James M. Paul, dated December 16, 1999, recorded in Plat Book 24, Page 158, Banks County Records and incorporated herein; being a portion of the property conveyed by deed recorded in Deed Book 132, Page 482, said records.
The debt secured by said Deed to Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of BARRY D. NEHR, by the undersigned, as Attorney-in-Fact for the said BARRY D. NEHR.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments. 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.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any, shall be applied as provided in said Deed to Secure Debt. Proper conveyance will be made to the purchaser at the said sale by the undersigned acting as Attorney-in-Fact for the said BARRY D. NEHR.
To the best knowledge, information, and belief of COMMUNITY BANK AND TRUST f/k/a COMMUNITY BANK AND TRUST-JACKSON, the premises are currently occupied by a Tenant.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated: “This document is an attempt to collect a debt and any information obtained will be used for that purpose.” [15 U.S.C. Section 1692e(11).]
This 25th day of November, 2003.
COMMUNITY BANK AND TRUST f/k/a COMMUNITY BANK AND TRUST-JACKSON
By: ELTON COLLINS, President, as Attorney-in-Fact for BARRY D. NEHR
GREGORY M. PERRY
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(DC10,17,24,31P4)


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