Banks County Legal Advertisements...

FEBRUARY 11, 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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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)

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)

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 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 Louise Lewallen to The Dime Savings Bank of New York, FSB, d/b/a National Mortgage Investments Co. dated January 19, 1996, and recorded in Deed Book 103, Page 703, as modified at Deed Book 150, Page 369, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Fleet Mortgage Corp., now Washington Mutual Bank, FA, by assignment dated January 19, 1996, and recorded in Deed Book 105, Page 564, aforesaid records, securing a Note in the original principal amount of $68,098.00, 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, March 2, 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 in G.M.D. 912, Banks County, Georgia, being 1.02 acres, more or less, on plat of survey for Louise Lewallen, dated December 27, 1995, prepared by William C. Ellis, Georgia Registered Land Surveyor, and being more particularly described as follows:
Beginning at the intersection of the Southwesterly right of way of Yonah Homer Highway and the Southeasterly right of way of a dirt road known as Echols Road running thence along the Yonah Homer Highway South 45 degrees 51 minutes 53 seconds East 165.93 feet to an iron pin; thence continuing along said right of way along an arc having a chord bearing of South 39 degrees 26 minutes 06 seconds East and a chord distance of 152.97 feet to an iron pin; thence continuing along said right of way South 33 degrees 00 minutes 19 seconds east 31.93 feet to an iron pin; thence North 87 degrees 59 minutes 54 seconds West 63.07 feet to an iron pin; thence South 88 degrees 45 minutes 15 seconds West 83.31 feet to an iron pin on the Old Yonah Road; thence North 69 degrees 58 minutes 17 seconds West 85.92 feet, and North 64 degrees 17 minutes 33 seconds West 112.63 feet along Old Yonah Road to the Southeasterly right of way of Echols Road; thence along Echols Road North 10 degrees 58 minutes East 39.40 feet to an iron pin; thence continuing along said right of way of Echols Road along an arc having a chord bearing of North 23 degrees 44 minutes 51 seconds East and chord distance of 67.67 feet to an iron pin; thence continuing along Echols Road North 36 degrees 31 minutes 23 seconds East 101.02 feet to the point of beginning.
Said property is known as 303 Yonah Homer 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 Louise Lewallen, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Louise Lewallen, 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.
Washington Mutual Bank, FA successor in interest to Fleet Mortgage Corp., as Attorney-in-Fact for Louise Lewallen
File No. 01-3334
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER*
The Duke Bldg., Ste. 100
2872 Woodcock Blvd.
Atlanta, GA 30341
(770) 220-2730/CC
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25B/1323 2000)

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 Sharon L. Watkins to Alliance Funding, a Division of Superior Bank, F.S.B. dated the 22nd day of June, 1999, and recorded in Deed Book 146, Page 183, BANKS County, Georgia Records; transferred by assignment to be recorded in the aforesaid records; the undersigned, LaSalle Bank, N.A. fka LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement dated 6/01/99, Series 1992-2, 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 March, 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
Together with the mobile home therein originally being a 1998 Buccaneer Mobile Home 5322 NTA712620/21 with the length/width of 28X44 which has been affixed to the above described real estate with the intent that it become part of the real estate conveyed hereby.
which has the property address of 346 Water Plant Road, 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 Sharon L. Watkins 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. fka LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement dated 6/01/99, Series 1992-2, Attorney-in-Fact for Sharon L. Watkins
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 GMD 465 of Banks, County, Georgia, being part of Lot 11 and part of Lot 17, Unit One, River Run Estates, and being shown as Lot 11A, consisting of 1.0 acre, as shown on plat of survey prepared for C.H.S. Associates, Inc. by Donald Williams, RLS #2177, last revised November 20, 1998, and being more particularly described as follows:
Beginning at an iron pin found (” O.T.P) on the northeasterly right of way of Waterworks Road (60’ r/w) a distance of 218.33 feet southeasterly from a point where the northeasterly right of way of Waterworks Road intersects the right of way of Loggins Lane (60’ r/w) as measured along said right of way of Waterworks Road; running thence north 55 degrees 05 minutes 30 seconds east a distance of 309.15 feet to an iron pin found; running thence north 55 degrees 03 minutes 20 seconds east a distance of 228.12 feet to an iron pin found ( O.T.P); running thence south 65 degrees 17 minutes 12 seconds east a distance of 74.16 feet to an iron pin set; running thence south 64 degrees 55 minutes 34 seconds west a distance of 140.68 feet to an iron pin set; running thence south 55 degrees 04 minutes 43 seconds west a distance of 100.00 feet to an iron pin set; running thence south 34 degrees 55 minutes 17 seconds west a distance of 60.00 feet to an iron pin set; running thence south 55 degrees 04 minutes 43 seconds west a distance of 336.18 feet to an iron pin set on the northeasterly right of way of Waterworks Road; running thence north 34 degrees 54 minutes 27 seconds west along the northeasterly right of way of Waterworks Road a distance of 99.91 feet to an iron pin found which is the point of beginning.
Together with the mobile home therein originally being a 1998 Buccaneer Mobile Home 5322 NTA712620/21 with the length/width of 28X44 which has been affixed to the above described real estate with the intent that it become part of the real estate conveyed hereby.
(FE4,11,18,25B/1325 9000)

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 Talmadge Galloway and Dina Galloway to Alliance Funding, a Division of Superior Bank FSB dated the 14th day of April, 1999, and recorded in Deed Book 142, Page 756, BANKS County, Georgia Records; transferred to EMC Mortgage Corporation by assignment to be recorded in the aforesaid records; the undersigned, EMC Mortgage Corporation, 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 March, 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
Together with the mobile home therein originally being a 1998 Buccaneer Mobile home 5348 76x16 which has been affixed to the above described real estate with the intent that it become part of the real estate conveyed hereby, which has the property address of 211 McClure Road, Gillsville, 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 Talmadge Galloway and Dina Galloway 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.
EMC Mortgage Corporation, Attorney-in-Fact for Talmadge Galloway and Dina Galloway
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, and being designated as Tract 2-C, containing 1.02 acres, more or less, as shown on that certain plat entitled “Survey for CHS Associates” dated October 21, 1998, prepared by G. Brian Slate, GRLS No. 2629, recorded in Plat Book 23, Page 156, Banks County, Georgia Records which plat is incorporated herein by reference and made a part hereof.
(FE4,11,18,25B/1325 5000)

Notice of Sale
Notice of Sale Under Power In Deed to Secure Debt
State of Georgia
County of Banks
On the 3rd day of May, 2000, LORETTA TACKETT, GRANTOR/DEBTOR executed a Deed to Secure Debt to CONSECO FINANCE SERVICING CORP., securing a Promissory Note of even date of SIXTY FOUR THOUSAND TWO HUNDRED SIXTY-THREE and 65/100 ($64,263.65), said Security Deed being recorded in Deed Book 157, Page 145, Records of Banks County, Georgia.
By virtue of Power of Sale contained in said Security Deed, there will be sold by the undersigned 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 March, 2004, the same being March 2, 2004, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 4.121 acres, more or less, as shown on Plat of Survey prepared by Warren Kelly, R.S., dated April 20, 1990, a copy of said plat being recorded among Banks County, Georgia Records in Plat Book 19, Page 107, said plat being incorporated herein by reference for a more full and complete descripton. Together with that certain housing unit which was formerly personally but is now permanently annexed and affixed to the above described land as a permanent improvement and which is the subject of Georgia Motor Vehicle Certificate of Title No. 11423465AB, and all rights thereunto appertaining.
The property described herein above has a street address of 294 Dalton Road, Baldwin, Georgia.
The Debt secured by said 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, and all other payments provided for in the Security Deed, including attorneys’ fees, notice of intention to collect attorneys’ fees having been given as provided by law.
Said property will be sold as the property of LORETTA TACKETT, subject to outstanding ad valorem taxes and/or easements, and/or restrictive covenants appearing of record, if any. To the best knowledge and belief of the undersigned, subject property is in the possession of LORETTA TACKETT.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Security Deed.
Dated this 28th day of January, 2004.
GREEN TREE SERVICING, LLC f/k/a CONSECO FINANCE SERVICING CORP., Attorney-in-Fact for Loretta Tackett
JOHN L. SKELTON, JR.
MOORE INGRAM JOHNSON & STEELE, LLP
192 Anderson Street
Marietta, Georgia 30060
(770) 429-1499
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE4,11,18,25P4)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Security Deed dated March 27, 2001, from Marlon Eldridge to CountryPlace Mortgage, Ltd., filed and recorded on April 12, 2001, in Deed Book 170, Pages 402-425, Banks County, Georgia Records (the “Security Deed”), 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 March, 2004, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, designated as Tract No. 1 on a plat of survey prepared for Arcade Homes, Inc., by W.T. Dunahoo & Associates, Inc., Registered Land Surveyors, dated January 22, 2001, recorded in Plat Book 25, Page 150, in the Office of the Clerk of Superior Court, Banks County, Georgia and incorporated herein. This is a portion of property conveyed by Warranty Deed from Bradley Scott Rooks and Larry Mark McMullen d/b/a R&M Investments, Inc. to Arcade Homes, Inc., dated February 16, 2001, recorded in Deed Book 168, Page 159, said records.
Together with a 2001 Palm Harbor manufactured home, Serial Number PH14-11942.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said Security Deed. 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 2238 Highway 98, Maysville, Georgia, and the party in possession of the property is Marlon Eldridge.
ASSOCIATES HOUSING FINANCE, LLC, Assignee of COUNTRYPLACE MORTGAGE, LTD., as Attorney-in-Fact for MARLON ELDRIDGE
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.
(FE4,11,18,25P4)

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 Roger A. Hayes and Michelle M. Hayes to ABN AMRO Mortgage Group, Inc., dated August 2, 2001, recorded in Deed Book 176, Page 677, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-NINE THOUSAND AND 0/100 DOLLARS ($69,000.00), 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 March, 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 Roger A. Hayes and Michelle M. Hayes or a tenant or tenants and said property is more commonly known as Lot 15 Ervin Chambers Road, Maysville, GA 30558.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Roger A. Hayes and Michelle M. Hayes
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/lhn 3/2/04
Our file no. 5155304-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in 265 G.M.D. of Banks County, Georgia, and being more particularly described as Lot No. 15 as shown by plat of survey prepared by Chris M. Patton, R.L.S., dated October 26, 1997, revised October 29, 1997, and recorded in Plat Book C, Page 42, Banks County, Georgia Records; which plat is incorporated herein by reference for a more complete description of the property.
Said parcel is subject to any restrictive covenants, easements and rights of ways of record.
(FE4,11,18,25B/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 Roger A. Hayes and Michelle M. Hayes to ABN AMRO Mortgage Group, Inc., dated August 2, 2001, recorded in Deed Book 176, Page 697, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-NINE THOUSAND AND 0/100 DOLLARS ($69,000.00), 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 March, 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 Roger A. Hayes and Michelle M. Hayes or a tenant or tenants and said property is more commonly known as Lot 20 Ervin Chambers Road, Maysville, GA 30558.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Roger A. Hayes and Michelle M. Hayes
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/jro 3/2/04
Our file no. 5159304-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in 265 G.M.D. of Banks County, Georgia, and being more particularly described as Lot No. 20 as shown by plat of survey prepared by Chris M. Patton, R.L.S., dated October 26, 1997, revised October 29, 1997, and recorded in Plat Book C, Page 42, Banks County, Georgia Records; which plat is incorporated herein by reference for a more complete description of the property.
Said parcel is subject to any restrictive covenants, easements and right of ways of record.
(FE4,11,18,25B/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 Roger A. Hayes and Michelle M. Hayes to ABN AMRO Mortgage Group, Inc., dated August 2, 2001, recorded in Deed Book 176, Page 631, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-NINE THOUSAND AND 0/100 DOLLARS ($69,000.00), 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 March, 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 Roger A. Hayes and Michelle M. Hayes or a tenant or tenants and said property is more commonly known as Lot 17 Ervin Chambers, Maysville, GA 30188.
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.
ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Roger A. Hayes and Michelle M. Hayes
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/lhn 3/2/04
Our file no. 597304-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in 265 G.M.D. of Banks County, Georgia, and being more particularly described as Lot No. 17 as shown by plat of survey prepared by Chris M. Patton, R.L.S., dated October 26, 1997, revised October 29, 1997, and recorded in Plat Book C, Page 42, Banks County, Georgia Records; which plat is incorporated herein by reference of a more complete description of the property.
Said parcel is subject to any restrictive covenants, easements and right of ways of record.
(FE4,11,18,25B/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 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 March, 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 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.
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 3/2/04
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.
(FE4,11,18,25B/3642 6000)

Citation
Probate Court of
Banks County
In the Matter of Harley Steven Byrum, Minor
Re: Petition of Janet Bray and Joseph Wade Bray for Appointment as Temporary Guardian of the Person
Date of First Publication, If Any February 4, 2004
To: Unknown father of Harley Steven Byrum
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 22nd day of January, 2004
Witness, the Honorable Betty Thomas
By: Kathy Hill, Clerk, Probate Court
(FE4,11P2)

Public Hearing
Notice of Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office:
Z-04-03 - Application by Tim Brooks for rezoning of 18.87 acres on Lord Road from ARR, Agricultural, Rural-Residential to R-1, Single Family Residential.
Z-04-04 - Application by Tim Brooks for rezoning of 15 acres on Lord Road from ARR, Agricultural, Rural-Residential to R-1, Single Family Residential.
CU-04-03 - Application by Rhonda Parker for a conditional use permit for an auto shop at 1511 Sims Bridge Road. This property is zoned ARR, Agricultural, Rural-Residential.
CU-04-04 - Application by Mark Corey Baker for a conditional use permit for an electrical contractor as a home occupation at 512 Chambers Road. This property is zoned ARR, Agricultural, Rural-Residential.
V-04-02 - Application by Keith Andrews for a variance for a dwelling on Highway 105. This property is zoned ARR, Agricultural, Rural-Residential.
The above applications are on file in the office of the Banks County Planning Commission and are available for public review.
The following ordinances to be considered by the Banks County Planning Commission are also available for public review:
An ordinance to amend the definition of litter in Article III entitled “Litter Control” Section 70-61 entitled “Definitions” to delete scrap tires from the definition of litter; to provide for an effective date; to repeal conflicting ordinances and resolutions; and for other purposes.
An ordinance to amend Article III entitled “Litter Control” by adding there to a new Section 71 entitled “Scrap Tires” to provide for the property disposal of scrap tires; to provide for the storage, handling, accumulation, transportation and disposal; to provide for penalties; to provide for civil remedies and abatement; to provide for an effective; to repeal conflicting ordinances and resolutions; and for other purposes.
The Banks County Planning Commission will hold a public hearing on the matters on March 1, 2004, at 7 p.m. in the courtroom at the Banks County Courthouse in Homer, Georgia.
The Banks County Commissioners will hold a public hearing on the matters on Tuesday, March 9, 2004, at 7 p.m. in the courtroom at the Banks County Courthouse in Homer, Georgia.
Interested persons are invited to appear and comment.
This 11th day of February, 2004.
(FE11B/069 4000)

Citation
Probate Court of
Banks County
In the Matter of Thomas Wayne Fowler, Jr., Minor
Re: Petition of Janet Bray and Joseph Wade Bray for Appointment as Temporary Guardian of the Person
Date of First Publication, If Any February 4, 2004
To: Thomas Wayne Foster
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 22nd day of January, 2004
Witness, the Honorable Betty Thomas
By: Kathy Hill, Clerk, Probate Court
(FE4,11P2)

Ballard Estate
Notice to Debtors
and Creditors
All creditors of the estate of Mary Ballard, 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 29th day of January, 2004.
Myra Durrett, Executor/Administrator
2879 Hwy. 326
Commerce, GA 30530
(FE4,11,18,25P4)
Invitation to Bid
The Town of Alto will be accepting sealed bids for the following:
1. Building of well house at Gilstrap Well on Gilstrap Road
2. Pump and installation of pump
3. Waterlines from Gilstrap Well to existing water system
Bidding documents may be obtained at Alto City Hall on 162 S. Grant St. or call 706-778-8035. Bids were to be received starting Feb. 2, 2004, at 8:00 a.m. Proposals for this project will be opened on Feb. 24, 2004, during the called meeting at 7:00 p.m.
DEADLINE: Feb. 20, 2004, at 5:00 p.m.
(FE4,11,18B/190 1000)

Public Notice
City of Lula, Georgia
Be advised, pursuant to Ordinance No. 04-01, “Amendment Zoning Ordinance” has been scheduled before the Lula City Council on the 16th day of February, 2004, at 7:00 p.m. at the Lula City Hall, 6055 Main Street, Lula, Georgia.
City of Lula, Georgia
Ordinance No. 04-1
Title: Amendment to Zoning Ordinances
BE IT ORDAINED by the Mayor and Council of the City of Lula, Georgia, Hall County, in Council duly assembled and it is hereby ordained by the authority of the same that the following Ordinance known as the Amendment to Zoning Ordinance adopted and made a part of the Code of Ordinances of the City of Lula, Georgia, to-wit:
1) New section under general provisions Article V to read as follows:
Section 507: Street Frontage Requirement.
No building or structure shall hereafter be erected on a lot, and no lot shall be subdivided that does not abut for at least thirty (30) feet on a public street.
2) On page 38 of the existing ordinance eliminate under the hearing “per dwelling unit” for R-1, R-II and R-III, the figures 15,000, 7,500 and 5,000, and replace with “not applicable.” In addition, under the heading “per lot,” replace the figures 15,000, 10,000 and 7,500 with:
With septic system and private well - R-1: 52,270; R-II: (as approved by Health Dept.); R-III: (as approved by Health Dept.).
With septic system and public water - R-I: 26,140; R-II: (as approved by Health Dept.); R-III: (as approved by Health Dept.).
With public water and sewer - R-I: 21,780; R-II: 17,500; R-III: 12,500.
This Ordinance shall be effective as of ———, 2004. All ordinances and parts of ordinances in conflict herewith shall be and the same are hereby repealed.
ENACTED AND ADOPTED THIS ——— DAY OF ———, 2004
MAYOR AND CITY COUNCIL OF LULA, GEORGIA
Milton Turner, Mayor; Larry Shuler, District 1; Vicky Chambers, District 2; Mordecal Wilson, District 3; Clyde Moore, District 4; and Lamb Griffin, District 5
ATTEST: Dawn Letson, Clerk
At said public hearing, all persons, residents or 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
(FE11B/3816 4000)

Bennett Estate
Notice to Debtors
and Creditors
All creditors of the estate of Danny L. Bennett, 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 February, 2004.
Betty Bennett, Executor/Administrator
555 Chatham Road
Homer, GA 30547
(FE11,18,25,MA3P4)

Inc. Notice
Notice of Incorporation
Notice is given that Articles of Incorporation that will incorporate Duck’s Roll Off, 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 4414 US Hwy. 441 North, Alto, Georgia 30510, and its initial registered agent at such address is Stanley Duckett.
(FE11,18P2)


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