Banks County Legal Advertisements...

JANAURY 28, 2004

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 John T. Ethridge and Virginia B. Ethridge to Regions Mortgage, Inc., dated May 9, 2002, recorded in Deed Book 192, Page 404, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($228,000.00), 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 February, 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 John T. Ethridge or a tenant or tenants and said property is more commonly known as 748 N Hwy. 59, 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.
Regions Bank sbm Regions Mortgage, Inc., as Attorney-in-Fact for John T. Ethridge and Virginia B. Ethridge
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/tlw 2/3/04
Our file no. 52833603-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 7.92 acres, more or less, designated as Lot 24 on a Final Plat for Governor’s Walk Subdivision, as more particularly shown on a plat of survey prepared for James Short by Max Lewallen, Registered Surveyor, dated December 19, 1998, recorded in Plat Book C, Page 1, 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.
Subject to Restrictive Covenants for Governor’s Walk Subdivison as recorded in Deed Book 139, Pages 621-622, Banks County, Georgia Records.
(JA7,14,21,28B/3642 6000)

Notice of Sale
Notice of Sale Under Power
In Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt from Mary Ann Martin and Roy Keith Martin to Money First Financial Services, Inc., dated 11/30/2001, and recorded in Deed Book 182, Page 771, Banks County Records, as last transferred to The Provident Bank, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in February, 2004, by The Provident Bank, as Attorney-in-Fact for Mary Ann Martin and Roy Keith Martin the following described property:
All that tract or parcel of land lying and being in the 448th District, G.M., Banks County, Georgia, containing 5.68 acres, more or less, as more particularly shown on a plat of survey prepared for Roy Keith Martin by Jimmy D. Bullock, Registered Surveyor, dated October 20, 1994, recorded at Plat Book 19, Page 61, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
The above tract is a portion of that property conveyed by Warranty Deed dated March 1, 1960, from A.F. Wilbanks and C.V. Wilbanks to Roy Martin recorded in Banks County, Georgia Records in Deed Book OO, at Page 420.
Property known as: 1534 Wynn Lake Road, Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Mary Ann Martin and Roy Keith Martin.
The Provident Bank, as Attorney-in-Fact for Mary Ann Martin and Roy Keith Martin.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1010
115 Perimeter Center Place
Atlanta, GA 30346
770-392-0303
(JA7,14,21,28B/224 5000)

Notice of Sale
Notice of Sale Under Power
In Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt from Mary Ann Martin and Roy Keith Martin to Money First Financial Services, Inc., dated 11/30/2001, and recorded in Deed Book 182, Page 755, Banks County Records, as last transferred to The Provident Bank, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in February, 2004, by The Provident Bank, as Attorney-in-Fact for Mary Ann Martin and Roy Keith Martin the following described property:
All that tract or parcel of land lying and being in the 448th District, G.M., Banks County, Georgia, containing 4.91 acres, being more fully shown and described as Tract #1, and another tract containing 0.09 acre, and more fully shown and described as Tract #2 on a plat of survey for Roy Martin, dated January 17, 1989, prepared by Max Lewallen, Registered Surveyor #2067 and recorded in Plat Book 17, Page 144, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This being the same property described in deeds from Roy Martin to Roy Keith Martin recorded in Deed Book 75, Page 64, and Deed Book 75, Page 90, Banks County, Georgia Deed Records. Less and Except: All that tract or parcel of land lying and being in the 448th District, G.M., Banks County, Georgia, containing 1.00 acre, as shown and described on a plat of survey for Michael J. Wright, dated October 18, 1994, prepared by Jimmy D. Bullock, Registered Surveyor #1765, and recorded in Plat Book 19, Page 56, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description. This being the same property described in the Warranty Deed from Roy Keith Martin to Michael Jerome Wright dated October 26, 1994, and recorded in Deed Book 91, Page 476, Banks County, Georgia Records.
Property known as: 1780 Wynn Lake Road, Alto, GA 30510.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Mary Ann Martin and Roy Keith Martin.
The Provident Bank, as Attorney-in-Fact for Mary Ann Martin and Roy Keith Martin.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1010
115 Perimeter Center Place
Atlanta, GA 30346
770-392-0303
(JA7,14,21,28B/224 7000)

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 Paul Payne and Lynda Payne to Countrywide Home Loans, Inc., dated October 21, 1998, recorded in Deed Book 140, Page 22, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-SEVEN THOUSAND FIVE HUNDRED FOUR AND 0/100 DOLLARS ($97,504.00), 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 February, 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 Paul Payne and Lynda Payne or a tenant or tenants and said property is more commonly known as 125 Ridge Circle, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
Countrywide Home Loans, Inc., as Attorney-in-Fact for Paul Payne and Lynda Payne
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/ch 2/3/04
Our file no. 52732503-FT4
EXHIBIT “A”
All that tract or parcel of land lying and being in G.M.D. 1580, Land Lot 204, 10th District, Banks County, Georgia, embracing 3.189 acres, and being more particularly described as follows:
Beginning at a nail cap found on the northeasterly right of way of U.S. Highway 441 (a 100 foot right of way), which nail cap is situated 343.23 feet, as measured along said right of way from its intersection with the southwesterly right of way of Ridge Circle (see plat recorded in Plat Book 12, Page 17, Banks County, Georgia Records, for calculation of beginning point); thence departing said right of way of U.S. Highway 441, North 29 degrees 47 minutes 00 seconds East 127.28 feet to a nail cap found on said right of way of Ridge Circle; thence along said right of way, South 50 degrees 24 minutes 20 seconds East 93.43 feet; thence South 60 degrees 17 minutes 10 seconds East 237.27 feet to a nail cap found; thence departing said right of way, South 26 degrees 08 minutes 55 seconds East 154.10 feet to a nail cap found; thence South 49 degrees 42 minutes 25 seconds East 50.00 feet to a nail cap found; thence South 40 degrees 45 minutes 40 seconds East 73.50 feet to a nail cap found; thence North 27 degrees 29 minutes 35 seconds East 9.75 feet to an IPF; thence South 16 degrees 11 minutes 00 seconds East 19.10 feet to an IPF; thence South 52 degrees 35 minutes 00 seconds West 170.50 feet to an IPF; thence South 70 degrees 17 minutes 30 seconds West 40.00 feet to an IPF; thence North 19 degrees 42 minutes 30 seconds West 63.00 feet to an IPF; thence South 70 degrees 17 minutes 30 seconds West 148.80 feet to a point on the northeasterly right of way of U.S. Highway 441; thence along said right of way, North 29 degrees 21 minutes 00 seconds West 22.93 feet; North 24 degrees 43 minutes 10 seconds West 136.34 feet; North 22 degrees 39 minutes 30 seconds West 111.52 feet; North 21 degrees 00 minutes 35 seconds West 123.00 feet to a right of way monument; thence North 21 degrees 34 minutes 35 seconds West 58.47 feet to the Point of Beginning, as shown on plat of survey for Paul Donald Payne and Linda D. Payne, by Max Lewallen, GRLS, dated April 25, 1997, which plat is incorporated herein by reference and made a part hereof.
Subject to and together with all easements, restrictions, rights of way, and covenants of record, if any, in Banks County, Georgia.
(JA7,14,21,28B/3642 9000)


Citation
Probate Court of
Banks County
In the Matter of San Juana Biatris Olveda, Minor
Re: Petition of John Sosebee for Appointment as Temporary Guardian of the Person
Date of First Publication, If Any January 28, 2004
To: Unknown father of San Juana Biatris Olveda
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 January, 2004.
Witness, the Honorable Betty Thomas
By: Kathy Hill, Clerk, Probate Court
(JA28,FE4P2)

Daniell Estate
Notice to Debtors
and Creditors
All creditors of the estate of Dennis Troy Daniell, 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 28th day of January, 2004.
Phyllis E. Cook, Executor/Administrator
P.O. Box 1251
Buchanan, GA 30113
(JA28,FE4,11,18P4)


Notice
Notice of Special Election
To the Electorate
of Banks County:
Pursuant to a Resolution of the Board of Commissioners of Banks County adopted October 14, 2003, and House Bill No. 854 (the “Act”) and pursuant to a call by the Election Superinten-dent/Probate Judge of Banks County, Georgia, issued on November 12, 2003, notice is hereby given that a special election has been called and will be held on Tuesday, March 2, 2004, for the purpose of allowing the voters of Banks County to decide whether Banks County should provide a change in the form of government of Banks County to three elected commissioners and a county administrator.
The election will be conducted in all respects in accordance with provisions of the Georgia Election Code, and the election will be held at the regular polling places in Banks County, Georgia, between the hours of 7:00 a.m. and 7:00 p.m. on March 2, 2004. The ballot shall have written or printed thereon the following question:
( ) Yes
( ) No
Shall the Act be approved which changes the form of government of Banks County to three elected commissioners and a county administrator?
All persons desiring to vote for approval of the Act shall vote “yes” and those persons desiring to vote for rejection of the Act shall vote “no”. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 21 of this Act necessary for the election of members of the board in 2004 shall become effective immediately; the remaining provisions of Sections 1 through 21 of this Act shall become effective January 1, 2005. If Sections 1 through 21 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 21 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date.
The last day to register to vote in this Special Election shall be February 2, 2004, through 5:00 o’clock p.m. Mail voter registration applications must be postmarked on or before February 2, 2004.
Those residents of Banks County qualified to vote in such Special Election shall be determined in all respects in accordance with the election laws of the State of Georgia.
Betty Thomas, Probate Judge and Election Superintendent, Banks County, Georgia
(JA28,FE4,11,18,25B/071 4000)

Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Commercial Deed to Secure Debt and Security Agreement executed by Scales Development Co., LLC, dated June 11, 1999, and being recorded in Deed Book 145, beginning at Page 55, Banks County, Georgia Deed Records; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the first Tuesday in February, 2004, the following described property:
ALL THAT TRACT of parcel of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing 0.72 acre, more or less, and being more particularly described by plat of survey prepared for Scales Development Co., LLC, dated March 24, 1999, by Hubert Lovell & Associates, recorded in Plat Book 24, Page 33, Banks County, Georgia Records, which plat and the recording thereof are hereby incorporated by reference for a more detailed description of the property.
Together with all rights of ingress and egress across a 60-foot (60’) wide road shown as Phil Scales Drive on said plat to provide access to Samples Scales Road.
LESS AND EXCEPT therefrom the following described property:
ALL THAT TRACT or parcel of land lying and being in the 1210th G.M.D. of Banks County, Georgia, containing 0.500 acre shown as Tract Number Two (2) in a plat of survey dated March 24, 1999, and revised December 31, 2001, by Lovell, Dovall & Miller, Surveyors, for Scales Creek Development Co., LLC and said plat being recorded in Plat Book 26, Page 122, of the Public Records of Banks County, Georgia, and is by reference incorporated herein as part of this description. Said land is bounded on the north by Scales Creek Golf Course; on the east by Scales Development Co., LLC; South by Phil Scales Drive and west by Tract Number One (1).
Together with a right of ingress and egress across a 60-foot (60’) wide road shown as Phil Scales Drive on said plat to provide access to said property from Samples Scales Road.
The aforesaid Deed secures any other or future indebtedness of the Grantor therein specified, including any renewal thereof.
The indebtedness secured by said Deed has been declared due and payable by reason of default under the provisions of said deed and the terms of the note or notes secured thereby, and sale will be made for the purpose of applying the proceeds thereof toward expenses of sale, including attorney’s fees, payment of the indebtedness and interest thereon, and any balance remaining shall be applied as provided by law.
The property will be sold as the property of SCALES DEVELOPMENT CO., LLC, who to the best of the undersigned’s knowledge and belief, is the party in possession of the property.
Notice has been given of intention to enforce provisions for collection of attorney’s fees and expenses of foreclosure in accordance with legal requirements and the terms of the above note and deed.
QUANTUM NATIONAL BANK, Attorney-in-Fact for Scales Development Co., LLC
Andrew R. Mertz
WEBB, TANNER & POWELL, LLP
Attorney at law
P.O. Box 1390
Lawrenceville, GA 30046-1390
(770) 963-3423
(JA7,14,21,28B/329 6000)
Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Commercial Deed to Secure Debt and Security Agreement executed by Scales Development Co., LLC, dated April 29, 1999, and being recorded in Deed Book 143, beginning at Page 222, aforesaid records; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the first Tuesday in February, 2004, the following described property:
ALL THAT TRACT of parcel of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing 0.58 acre, more or less, and being more particularly described by plat of survey prepared for Scales Development Co., LLC, dated March 22, 1999, by Hubert Lovell & Associates, recorded in Plat Book C, Page 14, Banks County, Georgia Records, which plat and the recording thereof are hereby incorporated by reference for a more detailed description of the property.
Together with all rights of ingress and egress across a 60-foot (60’) wide road shown as Phil Scales Drive on said plat to provide access to Samples Scales Road.
LESS AND EXCEPT therefrom the following described property:
ALL THAT TRACT or parcel of land lying and being in GMD 1210 of Banks County, Georgia, containing 0.500 acre shown as Tract One on the Plat, dated March 24, 1999, and revised December 31, 2001, of a survey by Lovell, Dovall & Miller, RLS, for Scales Creek Development Co., LLC, and more fully described as follows:
Beginning at the intersection of the Eastern right-of-way of Samples Scales Road and the Homer City limit line and running thence South with the Eastern right-of-way of Samples Scales Road 3875.17 feet to the North right-of-way of Phil Scales Road; thence along and with the North right-of-way of Phil Scales Road Drive the following courses and distances: North 63 degrees 53 minutes East 35 feet, North 88 degrees 34 minutes east 107.27 feet, North 73 degrees 22 minutes East 5359 feet, North 72 degrees 21 minutes East 62.17 feet, North 84 degrees 38 minutes East 51.48 feet, North 81 degrees 38 minutes East 47.06 feet, North 51 degrees 18 minutes East 91.60 feet, North 51 degrees 18 minutes East 225 feet, North 51 degrees 18 minutes East 111.08 feet, North 62 degrees 45 minutes East 78.12 feet, North 62 degrees 45 minutes East 170.00 feet, North 62 degrees 45 minutes East 389.14 feet to Point “A” as shown on said plat, North 62 degrees 45 minutes East 23.50 feet to the True Point of Beginning located on Phil Scales Drive and running thence North 30 degrees 56 minutes West 10.00 feet to an iron pin; thence North 30 degrees 56 minutes West 92.91 feet to an iron pin corner; thence North 56 degrees 35 minutes East to a concrete monument corner; thence North 01 degree 5 minutes East 123.14 feet to an iron pin; thence North 00 degrees 54 minutes West 7.38 feet to a corner; thence South 29 degrees 53 minutes East 228.35 feet to an iron pin located on the North right-of-way of Phil Scales Drive; thence South 62 degrees 45 minutes West 63.93 feet along the North right-of-way of Phil Scales Drive to a concrete monument; thence South 62 degrees 45 minutes West along the North right-of-way of Phil Scales Drive 98.12 feet to the beginning.
The aforesaid Deed secures any other or future indebtedness of the Grantor therein specified, including any renewal thereof.
The indebtedness secured by said Deed has been declared due and payable by reason of default under the provisions of said deed and the terms of the note or notes secured thereby, and sale will be made for the purpose of applying the proceeds thereof toward expenses of sale, including attorney’s fees, payment of the indebtedness and interest thereon, and any balance remaining shall be applied as provided by law.
The property will be sold as the property of SCALES DEVELOPMENT CO., LLC, who to the best of the undersigned’s knowledge and belief, is the party in possession of the property.
Notice has been given of intention to enforce provisions for collection of attorney’s fees and expenses of foreclosure in accordance with legal requirements and the terms of the above note and deed.
QUANTUM NATIONAL BANK, Attorney-in-Fact for Scales Development Co., LLC
Andrew R. Mertz
WEBB, TANNER & POWELL, LLP
Attorney at law
P.O. Box 1390
Lawrenceville, GA 30046-1390
(770) 963-3423
(JA7,14,21,28B/329 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in a Security Deed from Century South Bank of Northeast Georgia, N.A. to David A. Evans and Cindy Y. Evans dated January 31, 2001, and recorded at Deed Book 167, Page 596, Banks County Records, and subsequently modified at Book 181, Page 448, 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 February, 2004, the following described property, to-wit:
All that tract or parcel of land, situated, lying and being in the 284th GMD, Banks County, Georgia, being lot Edwards, containing 3.31 acres, more or less, according to a plat by Piedmont Surveying Company, Sherald G. Sharp, GRLS #2044, dated 3/23/93, revised 5/14/93, recorded in Plat Book 18, Page 53, in the office of the Clerk of the Superior Court of Banks County, Georgia, to which plat reference is herein made for a more complete and detailed description.
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 David A. Evans and Cindy Y. Evans and is subject to any outstanding taxes, easements, and assessments appearing of record.
Branch Banking & Trust Company as successor to Century South Bank of Northeast Georgia N.A., as Attorney-in-Fact for David A. Evans and Cindy Y. Evans.
JONES, MORRISON & WOMACK, P.C.
1250 Peachtree Center Tower
230 Peachtree St., N.W.
Atlanta, GA 30303
(404) 658-1670
(JA7,14,21,28P4)

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 Matthew D. Marlow to FirstCity Mortgage, Inc. dated the 1st day of February, 2002, and recorded in Deed Book 208, Page 336, BANKS County, Georgia Records; last transferred to Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series 2000-C, by IndyMac, F.S.B. as Attorney-in-Fact by assignment to be recorded; the undersigned, Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series 2000-C, by IndyMac, F.S.B. as Attorney-in-Fact, 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 February, 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 6241 Main Street, Lula, 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 attorney’s fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Matthew D. Marlow 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.
Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series 2000-C, by IndyMac, F.S.B. as Attorney-in-Fact for Matthew D. Marlow
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 the City of Lula, Land Lot 66, 9th District, Banks County, Georgia, being 0.496 acres, more or less, as described as a portion of Lot 4 of a Conceptual Plan on a survey by Henry Grady Jarrard, Georgia Registered Land Surveyor, dated May 24, 2001, entitled “Plat for Frank Sosebee.” Said survey is incorporated herein by reference for a more complete description and for all other legal purposes. Said property being more particularly described as follows:
BEGINNING at a 3/4” crimp top pin found along the Eastern right of way of Old Cornelia Highway (60 foot right of way), said pin being South 38 degrees 24 minutes 42 seconds West 658.76 feet from the centerline intersection of Old Cornelia Highway (60 foot right of way) and Spring Street; thence leaving said right of way North 57 degrees 59 minutes 34 seconds West 172.58 feet to a 3/4” crimp top pin found; thence South 67 degrees 00 minutes 45 seconds East 31.72 feet to a 3/4” crimp top pin found; thence North 22 degrees 23 minutes 54 seconds East 101.36 feet to an iron pin set; thence South 65 degrees 27 minutes 35 seconds East 151.17 feet to an iron pin set along the Eastern right of way of Old Cornelia Highway (60 foot right of way); thence along said right of way South 26 degrees 33 minutes 23 seconds West 150.03 feet to a crimp top pin found and the point of BEGINNING.
(JA7,14,21,28B/1325 7000)

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 Maingate Properties, Inc. to Marvin P. Nodvin and Joseph J. Nodvin, dated November 21, 1974, recorded in Deed Book 7, Pages 601-604, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Four Hundred Seventy-Seven Thousand Nine Hundred Five and 04/100 Dollars ($477,905.04), 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 February, 2004, the following described property:
ALL THAT TRACT or parcel of land lying and being Bushville and Davids, G.M.D., Banks County, Georgia, and in the 207th and 208th Districts, Georgia Militia, Banks County, Georgia, being that property conveyed by Grantees to Grantor by Deed of even date, and being a 312.325-acre undivided interest in the property particularly described in three (3) plats recorded in Plat Book 5, Pages 176, 177 and 178, Banks County Records, Less and Except that portion reserved as shown in a plat recorded in Plat Book 5, Page 179, Banks County Records;
TOGETHER WITH all rights appertaining thereto in the extent conveyed by Grantees to Grantor, and subject to all superior Deeds to Secure Debt as their interest may appear.
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, 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 Maingate Properties, Inc. or a tenant or tenants and said property is more commonly known as TAX MAP 9, PARCEL 15 AND TAX MAP 9, PARCEL 16 ON GEORGIA HWY. 59 AND I-85.
The sale will be conducted subject to (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.
James Arogeti, Executor of the Estate of Marvin P. Nodvin, as Attorney-in-Fact for Maingate Properties, Inc.
David C. Jones, Jr.
455 Evans Street
P.O. Box 295
Homer, Georgia 30547
(JA7,14,21,28P4)

Erwin Estate
Notice to Debtors
and Creditors
All creditors of the estate of Ray Bradley Erwin, 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 5th day of January, 2004.
Kathy R. Turpin, Executor/Administrator
819 Russ Rumsey Road
Maysville, GA 30558
(JA14,21,28,FE4P4)

White Estate
Notice to Debtors
and Creditors
All creditors of the estate of Frances Ruth Crisp White, deceased, late of Banks County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 12th day of January, 2004.
J.L. White, Executor/Ad-ministrator
660 Rock Springs Road
Lula, GA 30554
(JA21,28,FE4,11P4)

Notice
Notice of Special Election
To the Electorate
of Banks County:
Pursuant to a Resolution of the Board of Commissioners of Banks County adopted October 14, 2003, and House Bill No. 853 (the “Act”) and pursuant to a call by the Election Superinten-dent/Probate Judge of Banks County, Georgia, issued on November 12, 2003, notice is hereby given that a special election has been called and will be held on Tuesday, March 2, 2004, for the purpose of allowing the voters of Banks County to decide whether Banks County should provide a homestead exemption from certain ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of Banks County, Georgia.
The election will be conducted in all respects in accordance with provisions of the Georgia Election Code, and the election will be held at the regular polling places in Banks County, Georgia, between the hours of 7:00 a.m. and 7:00 p.m. on March 2, 2004. The ballot shall have written or printed thereon the following question:
( ) Yes
( ) No
Shall the Act be approved which increases the homestead exemption from Banks County ad valorem taxes for county purposes from $16,000 to $20,000 of the assessed value of homestead for residents of that county who are 65 years of age or over or disabled?
All persons desiring to vote for approval of the Act shall vote “yes” and those persons desiring to vote for rejection of the Act shall vote “no”. If more than one-half of the votes cast on such question are for approval of the Act, then the Act shall become of full force and effect on January 1, 2005. If the Act is not so approved or if the election is not conducted, the Act shall not become effective, and the Act shall be automatically repealed on the 1st day of January immediately following the election date.
The last day to register to vote in this Special Election shall be February 2, 2004, through 5:00 o’clock p.m. Mail voter registration applications must be postmarked on or before February 2, 2004.
Those residents of Banks County qualified to vote in such Special Election shall be determined in all respects in accordance with the election laws of the State of Georgia.
Betty Thomas, Probate Judge and Election Superintendent, Banks County, Georgia
(JA28,FE4,11,18,25B/071 4000)


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