Banks County Legal Advertisements...

MAY 5, 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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Battle Estate
Notice to Debtors
and Creditors
All creditors of the estate of Norsie L. Battle, Sr., 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 23rd day of March, 2004.
Lisa Battle and Sandra Battle, Executor/Administra-tor
P.O. Box 1131
Lula, GA 30554
(AP14,21,28,MY5P4)

Miller Estate
Notice to Debtors
and Creditors
All creditors of the estate of Deck Hudson Miller and Emma Lee Miller, 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 us.
This 5th day of April, 2004.
Marie Welborn and Roy Miller, Executor/Administra-tor
P.O. Box 58
Lula, GA 30554
(AP14,21,28,MY5P4)

Cooksey Estate
Notice to Debtors
and Creditors
State of Georgia
County of Banks
In Re: Estate of Norman Cooksey, Deceased
All creditors of the estate of Norman Cooksey, deceased, late of Banks County, Georgia, are hereby notified to render their demands to the undersigned according to the law, and all persons indebted to said estate are required to make immediate payment to me.
This 3rd day of March, 2004.
Phoebe Cooksey Swift, Administrator C.T.A. of Norman Cooksey, Deceased
1205 West 8th Avenue
Cheyenne, WY 82001
(AP14,21,28,MY5P4)

Parson Estate
Notice to Debtors
and Creditors
All creditors of the estate of Edward Parson, deceased, late of Banks County, 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.
Shelia P. Pritchett, Executor of Edward Parson, Deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AP21,28,MY5,12B/1326 1000)

Powell Estate
Notice to Debtors
and Creditors
All creditors of the estate of Roy E. Powell, Sr., 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 April, 2004.
R. Edward Powell, Jr., Executor/Administrator
5075 Bowman Place
Macon, GA 31210
(AP21,28,MY5,12P4)

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 Sallie M. Turner to Wells Fargo Home Mortgage, Inc., dated July 31, 2003, recorded in Deed Book 221, Page 428, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND NINE HUNDRED EIGHTEEN AND 0/100 DOLLARS ($68,918.00), 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 June, 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 Sallie M. Turner or a tenant or tenants and said property is more commonly known as 211 Stevens Road, 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.
Wells Fargo Bank, N.A. sbm Wells Fargo Home Mortgage, Inc., as Attorney-in-Fact for Sallie M. Turner
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/haa 6/1/04
Our file no. 5627704-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the 218th District, G.M., Banks County, Georgia, containing 2.00 acres, more or less, as shown on a plat of survey entitled “Survey for Katie Chambers and James Chambers” prepared by Ingram, Lord & Associates, certified by Barry D. Lord, Georgia Registered Surveyor No. 2641, dated August 25, 1996, and being of record in the Office of the Clerk of Superior Court for Banks County, Georgia, in Plat Book 23, Page 124, Banks County Records, which plat is made a part hereof by reference and being improved property known as 211 Stevens Road, Commerce, Georgia 30547, according to the present system of numbering property in Banks County, Georgia.
(MY5,12,19,26B/3642 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Michael C. Hensley and Jennifer F. Hensley to Norwest Mortgage, Inc., dated January 20, 1999, recorded in Deed Book 139, Page 340, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-EIGHT THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($148,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 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 Michael C. Hensley and Jennifer F. Hensley or a tenant or tenants and said property is more commonly known as 205 Crooked Pine Trail, Baldwin, GA 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.
Wells Fargo Bank, N.A. sbm Wells Fargo Home Mortgage, Inc. fka Norwest Mortgage, Inc., as Attorney-in-Fact for Michael C. Hensley and Jennifer F. Hensley
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/lw1 6/1/04
Our file no. 5676604-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in Land Lot 205, 10th District, Banks County, Georgia, designated as Lot 20 and part of Lot 21, Block A of Smoke Rise, as shown on plat and survey of D.J. Baggett Land Surveying, dated October 13, 1998, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 8, at Page 144. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use.
(MY5,12,19,26B/3642 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by John M. Venable and Kasey R. Venable to Norwest Mortgage, Inc., dated June 30, 1999, recorded in Deed Book 146, Page 337, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($68,400.00), 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 June, 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 M. Venable and Kasey R. Venable or a tenant or tenants and said property is more commonly known as 1002 McDonald Circle, 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.
Wells Fargo Home Mortgage, Inc. fka Norwest Mortgage, Inc., as Attorney-in-Fact for John M. Venable and Kasey R. Venable
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/lsk 6/1/04
Our file no. 5848902-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.28 acres, more or less, as more particularly shown on a plat of survey prepared for Preston Ray Sanders by David L. Ringo, Sr., Registered Surveyor, dated March 3, 1999, recorded in Plat Book 24, Page 27, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
(MY5,12,19,26B/3642 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Alisha S. Griggs and f/k/a Alisha J. Shockley to Regions Mortgage, Inc., dated August 10, 2001, recorded in Deed Book 176, Page 892, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVEN THOUSAND AND 0/100 DOLLARS ($107,000.00), 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 June, 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 Alisha S. Griggs f/k/a Alisha J. Shockley or a tenant or tenants and said property is more commonly known as 851 Garrison Road, Lula, GA 30554.
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.
Regions Mortgage, Inc., as Attorney-in-Fact for Alisha S. Griggs and f/k/a Alisha J. Shockley
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/krf 6/1/04
Our file no. 5748302-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 912th G.M.D. of Banks County, Georgia, and being shown and designated as Lot 11A, containing 5.39 acres, more or less, as shown on Plat of Survey prepared for Alisha Griggs by Max Lewallen, R.L.S., dated July 13, 2001, and recorded among Banks County, Georgia Records in Plat Book 26, Page 32, said plat being incorporated herein by reference for a more full and complete description.
(MY5,12,19,26B/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 Zena L. Banks to Mortgage Electronic Registration Systems, Inc. as nominee for Finance America, LLC, dated June 29, 2001, recorded in Deed Book 175, Page 424, 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 TWENTY-TWO THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($122,500.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bank One, N.A., as Trustee of the Amortizing Residential Collateral Trust, 2001-BC6, 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 June, 2004, the following described property:
All that tract or parcel of land lying in the Poplar Springs (912th) District of G.M. of Banks County, State of Georgia, according to plat made by Max Lewallen, RLS, for the John Jones Estate, recorded in Banks County, Georgia Records, December 2, 1980, in Plat Book 8, Page 107, and shown as Tract 4, containing 8.71 acres, on county paved road at iron pin cornering lands of Faythe B. Willis, continuing on lands of Willis South 13 degrees 00 minutes East 786.6 feet to iron pin; thence running North 76 degrees 24 minutes East 672.0 feet to iron pin cornering Faythe B. Willis (Tract 3), and lands of Chitwood; continuing South 09 degrees 53 minutes West 261.3 feet to iron pin on Chitwood line joining lands of Parson; continuing on lands of Parson South 76 degrees 24 minutes West 945.5 feet to iron pin cornering lands of Evans and Parson; running on lands of Evans North 02 degrees 18 minutes East 708.3 feet to iron pin; continuing North 11 degrees 46 minutes East 150.5 feet to iron pin; continuing North 07 degrees 37 minutes East 196.3 feet to iron pin on county paved road cornering lands of Luther Evans; continuing on county paved road North 51 degrees 13 minutes East 62.0 feet to beginning corner.
Said property is commonly known as 1444 Hickory Flat Road, Gillsville, GA 30543.
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 Tim Banks and Zena L. Banks or tenant(s).
BANK ONE, N.A., AS TRUSTEE OF THE AMORTIZING RESIDENTIAL COLLATERAL TRUST, 2001-BC6, as Attorney-in-Fact for ZENA L. BANKS
Contact: Uniti Jones (ext. 1377)
Morris, Schneider & Prior, L.L.C.
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 324.0306421\UAJ
Web Site: www.foreclosures.msplaw.com
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/3641 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.
By virtue of the Power of Sale contained in a Security Deed given by Rodney England to Wes Wilson, dated April 3, 2003, recorded in Deed Book 211, Page 224, Banks County, Georgia Records, conveying the after-described property to secure a Note dated April 3, 2003, 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 June, 2004, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.00 acre, more or less, designated as Tract No. 5 on a plat of survey prepared for Joe Wilson by G. Brian Slate, Registered Surveyor, dated March 12, 1998, recorded in Plat Book 24, Page 28, 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. Said property is bounded on the North by 60-foot right of way of unfinished street; on the Southeast by Fort Lamar Road (80-foot right of way); on the Southwest by lands now or formerly of Gray; and on the Northwest by Tract No. 4.
Said debt is further secured by a 1998 Fleetwood Springhill double-wide mobile home located thereon with manufacturers identification number GAFLW34B27512SL12 and GAFLW34A27512SL12.
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 Rodney England, or a tenant or tenants, and said property is more commonly known as 1223 Fort Lamar Road, 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.
Wes Wilson, as Attorney-in-Fact for Rodney England
By: Samuel L. Chesnutt, as Attorney for Wes Wilson
Strickland, Chesnutt & Lindsay, LLP
P.O. Box 249
Winder, Georgia 30680
Our file no. A04-128
(MY5,12,19,26B/887 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of the default in the payment of a note executed by DARRELL D. HINSLEY and DAWN MARIE SPRAGUE secured by a deed to secure debt executed by DARRELL D. HINSLEY and DAWN MARIE SPRAGUE to REGIONS BANK dated March 19, 1997, and recorded in the Clerks Office of Banks County, Georgia, in Deed Book 116, Pages 62-64, subsequently modified by agreement dated April 6, 1999, recorded in Deed Book 142, Pages 667-668, Banks County, Georgia Deed Records, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in June, 2004, during the legal hours of sale at the Courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the land described in said deed, to-wit:
All that tract or parcel of land lying and being in the 465th District G.M., Banks County, Georgia, in the City of Maysville, shown as Lot No. 22, Section One, Ridgeway Hills Subdivision, containing 1.00 acre, more or less, as per plat of survey prepared for Darrell Hinsley by G. Brian Slate, G.R.L.S. No. 2629, Slate & Associates, Inc., dated February 18, 1997, and recorded in the Office of the Superior Court of Banks County, Georgia, in Plat Book 21, Page 202. 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.
This is the same property deeded from Brian E. Brewton to J.R. Boswell by Warranty Deed dated October 22, 1996, and recorded in Deed Book 112, Page 455, Banks County, Georgia Records.
To the best knowledge and belief of the undersigned, the physical address of the above described property is 54 W. Ridgeway Road, Maysville, GA 30558.
Notice has been given of intention to collect attorneys fees in accordance with the terms of the note secured by said deed to secure debt.
Said property will be sold as the property of DARRELL D. HINSLEY and DAWN MARIE SPRAGUE and subject to the following items which may affect the title to said property: all zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said security deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is DARRELL D. HINSLEY and DAWN MARIE SPRAGUE or tenants.
The sale will be concluded subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deed to secure debt.
REGIONS BANK, ATTORNEY-IN-FACT FOR DARRELL D. HINSLEY and DAWN MARIE SPRAGUE
Allen Broxton
P. O. Box 430
Gainesville, GA 30503
(770) 531-7722
(MY5,12,19,26B/107 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 June, 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.
(MY5,12,19,26P4)

Sheriff’s Sale
Notice of Sheriff’s Sale
Real Property
State of Georgia
County of Banks
TO: EUGENE M. KOMISAROW, DEFENDANT, AND CVM OF ATLANTA, LLC, TENANT:
There shall be sold at public outcry between the hours of 10 a.m. and 4 p.m. on the 1st day of June, 2004, to the highest and best bidder for CASH BEFORE THE COURTHOUSE DOOR IN BANKS COUNTY, GEORGIA, within the legal hours of Sale. Payment only by CASH OR CASHIER’S CHECK the following:
ALL OF DEFENDANT’S RIGHT, TITLE AND INTEREST, BEING A SEVEN AND ONE-HALF PERCENT (7.5%) UNDIVIDED INTEREST AS TENANT IN COMMON, IN AND TO ALL THAT TRACT OR PARCEL OF LAND BEING IN BANKS COUNTY, GEORGIA, BUSHVILLE (208) GHD, COMMONLY REFERRED TO AS 30835 HIGHWAY 441 SOUTH, COMMERCE, GEORGIA, 30529, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A RIGHT-OF-WAY MARKER AT THE INTERSECTION OF THE NORTH BOUND RAMP OF I-85 AND U.S. HIGHWAY 441, THENCE RUNNING IN A SOUTHEASTERLY DIRECTION ALONG THE EASTERN RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY 441 SOUTH 21 DEGREES 46 MINUTES 00 SECONDS EAST A DISTANCE OF 200.00 FEET TO A POINT, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 65 DEGREES 43 MINUTES 30 SECONDS WEST A DISTANCE OF 15.26 FEET TO A POINT, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 21 DEGREES 46 MINUTES 00 SECONDS EAST A DISTANCE OF 534.53 FEET TO A POINT, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 68 DEGREES 20 MINUTES 00 SECONDS EAST A DISTANCE OF 30.00 FEET TO A POINT, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 21 DEGREES 46 MINUTES 00 SECONDS EAST A DISTANCE OF 68.00 FEET TO A POINT FORMED BY THE INTERSECTION OF SAID U.S. HIGHWAY 441 EASTERN RIGHT-OF-WAY AND THE CENTERLINE OF THE MEANDERS OF CROOKED CREEK, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 21 DEGREES 46 MINUTES 15 SECONDS EAST A DISTANCE OF 242.97 FEET TO A POINT AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY RUNNING NORTH 68 DEGREES 13 MINUTES 45 SECONDS EAST A DISTANCE OF 250.00 FEET TO A POINT, THENCE RUNNING SOUTH 21 DEGREES 46 MINUTES 15 SECONDS EAST A DISTANCE OF 225.00 FEET TO A POINT, THENCE RUNNING SOUTH 68 DEGREES 13 MINUTES 45 SECONDS WEST A DISTANCE OF 250.00 FEET TO A POINT ON THE RIGHT-OF-WAY OF SAID U.S. HIGHWAY 441, THENCE RUNNING ALONG SAID RIGHT-OF-WAY NORTH 21 DEGREES 46 MINUTES 15 SECONDS WEST A DISTANCE OF 225.00 FEET TO THE TRUE POINT OF BEGINNING, BEING ALL OF TRACT 2B AS SHOWN IN THE AMENDED SUBDIVISION PLAT FOR STANLEY K. TANGER RECORDED IN PLAT BOOK 15, PAGE 110, OF THE BANKS COUNTY, GEORGIA RECORDS.
SAID TRACT CONTAINS 1.29 ACRES MORE OR LESS.
TOGETHER WITH ANY RIGHTS APPURTENANT TO, OR OTHERWISE RELATED TO, THE ABOVE DESCRIBED LAND AS MORE PARTICULARLY DESCRIBED AS EXHIBIT “B,” EXHIBIT “C” AND EXHIBIT “D” IN MEMORANDUM OF AGREEMENT OF CO-TENANCY FILED JUNE 1, 1999, RECORDED IN DEED BOOK 144, PAGE 445, BANKS COUNTY, GEORGIA RECORDS.
ALSO TOGETHER WITH ANY RIGHTS APPURTENANT TO, OR OTHERWISE RELATED TO, THE ABOVE DESCRIBED LAND AND CONTAINED IN THE FOLLOWING:
1. DECLARATION OF EASEMENT BY STANLEY K. TANGER, DATED JANUARY 10, 1990, FILED FOR RECORD JANUARY 11, 1990, AT 11:30 A.M., RECORDED IN DEED BOOK 57, PAGE 68, AFORESAID RECORDS.
2. DECLARATION OF EASEMENT BY STANLEY K. TANGER, DATED MARCH 13, 1990, FILED FOR RECORD MARCH 15, 1990, AT 12:10 P.M., RECORDED IN DEED BOOK 58, PAGE 36, AFORESAID RECORDS.
3. DECLARATION OF EASEMENT FROM STANLEY K. TANGER, TO J.E.M. ENTERPRISES, INC., DATED MAY, 1990, FILED FOR RECORD MAY 21, 1990, AT 4:30 P.M., RECORDED IN DEED BOOK 59, PAGE 331, AFORESAID RECORDS.
SUBJECT TO RIGHTS OF WAY, EASEMENTS, RESTRICTIONS, AGREEMENTS, CONVEYANCE OF ACCESS RIGHTS, DECLARATIONS OF EASEMENTS, AND COVENANTS OF RECORD, ANY OUTSTANDING AD VALOREM TAXES, ANY ASSESSMENTS, AND ANY STATE OF FACTS AN ACCURATE SURVEY WOULD DISCLOSE.
FURTHER SUBJECT TO THE RIGHTS OF THE CVM ATLANTA, LLC, AS SUCCESSOR IN INTEREST TO THE TENANT, PURSUANT TO LEASE MADE BY AND BETWEEN MARVIN L. KOMISAROW, AS SOLE TRUSTEE OF THE MARVIN L. KOMISAROW TRUST, ET. AL. (LANDLORD) AND RTM FAMILY RESTAURANTS, LLC, DATED APRIL 10, 1995, FILED JUNE 15, 1995, RECORDED IN DEED BOOK 97, PAGE 563, BANKS COUNTY GEORGIA RECORDS.
FURTHER, THE PROPERTY IS SOLD SUBJECT TO, AND PURCHASER, BY THE ACCEPTANCE OF THE DEED TO THE PROPERTY, AGREES TO BE BOUND BY, AND AGREES TO COMPLY WITH, THE TERMS OF THAT CERTAIN MEMORANDUM OF AGREEMENT OF CO-TENANCY BY AND AMONG DEFENDANT AND OTHERS RECORDED ON JUNE 1, 1999, IN DEED BOOK 144, PAGE 445, BANKS COUNTY, GEORGIA RECORDS.
Said property is levied on as the property of Eugene Komisarow to satisfy the Fieri Facias issued in favor of Atlanta Family Restaurants, Inc., a Georgia corporation, the Plaintiff, against Eugene M. Komisarow, Defendant, originally in the principal amount of $309,613.93, Case No. 99-CV-14167-1, judgment date of March 29, 2001, recorded on May 23, 2001, at G.E.D. Book 6, Page 166, Banks County, Georgia Records, incorporated herein. I have levied the within and foregoing execution upon the foregoing property, as property of named Defendant, and served notice of same to Defendant and Tenant in Possession, and advertised the sale according to law. The net proceeds of said sale will be applied to the indebtedness of the Defendant to the Plaintiffs.
Charles Chapman, Banks County Sheriff
Cheryl K. Short
Cohen Pollock Merlin Axelrod & Small, P.C.
3350 Riverwood Parkway, Suite 1600
Atlanta, GA 30339
Telephone: (770) 858-1288 Facsimile (770) 858-1277
Direct Dial: (770) 857-4760
www.cpmas.com <http://www.cpmas.com/>
(MY5,12,19,26P4)

Notice of Sale
Notice of Sale Under Power
of Deed to Secure Debt
State of Georgia
County of Franklin
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt, from David Carver and Effie Carver to Scott Weaver, dated February 13, 2003, and recorded in Deed Book 208, Pages 281-282, Banks County, Georgia, Public Records, said Deed to Secure Debt having been given to secure a Promissory Note, dated February 13, 2003, in the original principal amount of $29,200.00, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on the first Tuesday in June, 2004, to-wit: June 1, 2004, to the highest and best bidder for cash, the following described property:
All that tract or parcel of land, lying and being in Land Lot 215 of the 10th Land District of Banks County, Georgia, and in the 448th GMD of Banks County, Georgia, CONTAINING 0.75 ACRES, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated August 18, 1993, and recorded in Banks County, Georgia Records in Plat Book 18, Page 53, said plat being incorporated herein by reference for a more full and complete description.
Said property is located at 873 Grant Mill Road, Alto, Georgia 30531.
The debt secured by said Deed to Secure Debt and Note have been and is hereby declared due and payable in full because of default pursuant to the terms of said Deed to Secure Debt and Note.
Notice has been given of intention to enforce provisions for collection of attorney’s fees and foreclosure in accordance with requirements of Official Code of Georgia Annotated Section 44-14-162.2 and the terms of Deed to Secure Debt and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to secure Debt including attorney’s fees, and the remainder, if any shall be applied as provided by law.
To the best of the undersigned’s knowledge and belief the property is in the possession of David Carver and Effie Carver, and said property will be sold as the property of David Carver and Effie Carver subject to 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. The undersigned will execute a deed to the purchaser at said sale as provided in the Deed to Secure Debt.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 16th day of April, 2004.
Scott Weaver, Attorney-in-fact for David Carver and Effie Carver
Rodger E. Davison
Attorney at Law
GA State Bar No. 213425
P.O. Box 118
Royston, GA 30662
(706) 245-7211
(MY5,12,19,26P4)

Divorce Notice
In the Superior Court
of Banks County
State of Georgia
Carolyn Jernigan, Plaintiff vs. Michael Paul Jernigan, Defendant
Civil Action File No.: A03-CV-392B
To: Michael Paul Jernigan, 63 Greendudley Road, Smith, AL 36874
By Order of the Court for service by publication dated April 15, 2004, you are hereby notified that on the 20th day of October, 2003, Carolyn Jernigan filed suit against you for divorce. You are required to file with the Clerk of the Superior Court, and to serve upon Plaintiff’s Attorney Walter B. Harvey, P.O. Box 494, Jefferson, Georgia 30549, an answer in writing within sixty (60) days of April 15, 2004.
Witness, the Honorable Joseph H. Booth, Judge of Banks County Superior Court.
This 19th day of April, 2004.
Elizabeth Gardiner, Deputy Clerk
(AP28,MY5,12,19P4)


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