Banks County Legal Advertisements...

JUNE 23, 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
Because of default in the payment of the indebtedness, secured by a Security Deed executed by Walter Stephen Reems to Taylor, Bean & Whitaker Mortgage Corp. dated the 14th day of July, 2000, and recorded in Deed Book 159, Page 508, BANKS County, Georgia Records; as last transferred to Bank One National Association, as Trustee, by assignment to be recorded, the undersigned, Bank One, National Association, as Trustee, 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 July, 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 2587 Samples Scales Road, Homer, 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 Walter Stephen Reems 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.
Bank One, National Association, as Trustee, Attorney-in-Fact for Walter Stephen Reems
McCurdy & Candler, L.L.C.
By: Anthony DeMarlo, Attorney
(404) 373-1612
http://www.mccurdyandcandler.com
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 1580th GMD of Banks County, Georgia, and being known and designated as Tract No. 1, containing 1.00 acre, more or less, and as Tract No. 2, containing 0.02 acre, more or less, as shown on a plat of survey prepared for Dwight Gailey by Tyson & Assoc., Inc., Clelland A. Tyson, RLS, dated February 28, 1972, recorded in Plat Book 4, Page 63, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description.
(JU9,16,23,30B/1325 5000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from John K. Chappell to Long Beach Mortgage Company, dated December 22, 2000, recorded in Deed Book 116, Page 306, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of SEVENTY-THREE THOUSAND TWO HUNDRED THIRTY-SIX AND 00/100 DOLLARS ($73,236.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Deutsche Bank National Trust Company, f/k/a Bankers Trust Company of California, N.A., as Trustee for Long Beach Mortgage Loan Trust 2001-1, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in July, 2004, the following described property:
All that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being Lot 12, River Run Estates, Unit Two, as per plat recorded in Plat Book 13, Page 98, records of Banks County, Georgia, which plat is incorporated herein by reference.
Said property is commonly known as 586 Lake Forest Drive, Commerce, GA 30529.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is John K. Chappell or tenant(s).
DEUTSCHE BANK NATIONAL TRUST COMPANY, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2001-1, as Attorney-in-Fact for JOHN K. CHAPPELL
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. 381.0408093\UAJ
Web Site: www.foreclosures.msp-law.com
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU9,16,23,30B/3641 5000)

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 Brandon C. Ortego and Judith Ortego to Wells Fargo Home Mortgage, Inc., dated June 21, 2001, recorded in Deed Book 174, Page 383, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-NINE THOUSAND TWO HUNDRED FIFTY AND 0/100 DOLLARS ($79,250.00), 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 July, 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 Brandon C. Ortego and Judith Ortego or a tenant or tenants and said property is more commonly known as 1160 Ervin Chambers Road, 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.
Wells Fargo Bank, N.A. sbm Wells Fargo Home Mortgage, Inc., as Attorney-in-Fact for Brandon C. Ortego and Judith Ortego
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/smp 7/6/04
Our file no. 5851604-FT7
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, lying and being in the 265th District G.M. of Banks County, Georgia, and being Lot No. 14 as more particularly shown on a plat of survey prepared for Mike R. Love and Debbie Lunsford Love by Patton-Patton, Inc., Registered Surveyor, dated October 8, 1997, revised October 29, 1997 recorded at Plat Book B, Page 148, 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 Protective Covenants recorded in Deed Book 150, Page 701, Banks County, Georgia Records; Grantor represents, covenants and agrees that the mobile (manufactured) home located on the land is to remain on the land and has been permanently affixed to the land described herein, so as to become a part of the real property.
(JU9,16,23,30B/3642 6000)

Clark Estate
Notice to Debtors
and Creditors
Georgia, Banks County
Matthew Clark and Michael Carlyle have qualified as Executors of the Estate of Ruby D. Clark, deceased. All creditors of the Estate of Ruby D. Clark, deceased, late of Banks County, are hereby notified to render in their demands to the said, Matthew Clark and Michael Carlyle, Executors, according to law, and all persons indebted to said Estate are required to make immediate payment to the said Matthew Clark and Michael Carlyle.
This 24th day of May, 2004.
Matthew Clark, Executor of the Estate of Ruby D. Clark, Deceased
Michael Carlyle, Executor of the Estate of Ruby D. Clark, Deceased
Janney E. Sanders
Sanders & Smith, P.C.
P.O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorneys for Michael Carlyle and Matthew Clark
(JU9,16,23,30P4)

Notice
Georgia, Banks County Probate Court
Randall L. Morgan and Florene M. Black have petitioned for Ethel Morgan to be appointed Administrator of the estate of Raymond Morgan, deceased, of said County. The petitioners have also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before Tuesday, July 6, 2004, by 10:00 a.m. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(JU9,16,23,30P4)

Notice
Georgia, Banks County Probate Court
The petition of Robbie Lee Osborne, for a year’s support from the estate of James Fred Osborne, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before Tuesday, July 6, 2004, by 10:00 a.m., why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Witness, the Honorable Betty Thomas, Judge
By: Kathy Hill, Clerk, Probate Court of Banks County
(JU9,16,23,30P4)

Citation
In the Superior Court of
Banks County, Georgia
Department of Transportation vs. 0.05 acres of land; and certain easement rights; and Trustees of Broad River Baptist Church; and Heirs of Lula E. Wofford, individually
Docket No. 04CV189X
In Rem
The said named persons and any and all other persons known and unknown claiming any right, title, power, interest, ownership, equity, claim or demand in and to the lands hereinafter described, and all occupants, tenants, lessees, licensees and all holders, owners and users of ways and easements in, across, over and under said land are hereby notified, under the provisions of the Official Code of Georgia Annotated Sections 32-3-4 through 32-3-19, providing for the exercise of the power of eminent domain by the State of Georgia, or any of its subdivisions, or by any county of such State, as follows:
That the above stated case, being a condemnation in rem against the property hereinafter described, was filed in said Court on the 1st day of June, 2004; That, in accordance with provisions of the aforesaid Official Code, a Declaration of Taking, duly authorized and properly executed as provided by the Official Code, has been made and filed in said case, declaring the necessity for and exercising the power of taking the said described lands for State-aid public road purposes, thereby vesting the title to same in the Department of Transportation; and, in pursuance of such authority, the Department of Transportation has deposited with the Clerk of the Superior Court of said County $10,250.00 as the just compensation for the said lands described; and all persons claiming such fund or any interest therein, are hereby required to make known their claims to the Court;
In accordance with the provisions of the Official Code of Georgia Annotated, the Plaintiff-Condemnor has prayed the Court for Immediate possession of said property, and all persons having any interest in or claim against such property, as above set forth, are required by the Order of the Judge of said Court to surrender possession of the property to the Department of Transportation no later than 30 days from filing of the Declaration of Taking.
That in accordance with the Official Code of Georgia Annotated Section 32-3-13 through 32-3-19, if the owner, or any of the owners, or any person having a claim against or interest in said property, shall be dissatisfied with the compensation, as estimated in the Declaration of Taking and deposited in Court, such person or persons, or any of them, shall have the right, at any time subsequent to the filing of the Declaration and the deposit of the fund into Court but not later than 30 days following the date of service as provided for in the Official Code of Georgia Annotated Sections 32-3-8 through 32-3-10 to file with the Court a notice of appeal, the same to be in writing and made a part of the record in the proceedings.
The said property, as thus affected, is described as follows:
SEE PAGES 20-A; 20-B FOR DESCRIPTION.
This 3rd day of June, 2004.
Tim Harper, Clerk, Superior Court, Banks County
PROJECT NUMBER: BRST-0981 (2) BANKS COUNTY
PARCEL NUMBER: 5
REQUIRED R/W: 0.05 acres of land; and certain easement rights PROPERTY OWNER: Trustees of Broad River Baptist Church; and Heirs of Lula E. Wofford
All those tracts or parcels of land lying and being in Georgia Militia District 1580 in Banks County, Georgia, being more particularly described as follows:
Tract 1
BEGINNING at the point of intersection of the condemnees’ southern and eastern property line, said point being 28.89 feet left of and opposite station 53+55.643 on the construction centerline of County Road 113 Relocation on Georgia Highway Project BRST-0981 (2); running thence northwesterly along said property line a distance of 31.70 feet to a point 59.48 feet left of and opposite station 53+63.928 on said centerline; thence N 28° 01’ 59.7” E a distance of 61.23 feet to a point 50.53 feet left of and opposite station 54+40.340 on said centerline, said point being a point on said eastern property line of the condemnees; thence southwesterly along said latter property line a distance of 75.87 feet back to the point of BEGINNING.
Tract 2
BEGINNING at a point on the eastern property line of the condemnees, said point being 1.65 feet left of and opposite station 56+66.390 on the construction centerline of County Road 113 Relocation on Georgia Highway Project BRST-0981 (2); running thence southerly along said property line a combined distance of 79.16 feet to a point 30.00 feet left of and opposite station 55+91.982 on said centerline; thence northwesterly 66.11 feet along the arc of a curve to the left (said curve having a radius of 239.00 feet and a chord distance of 65.90 feet on a bearing of N 28° 39’ 16.2” W) to a point 30.00 feet left of and opposite station 56+66.39O on said centerline; thence N 53° 25’ 16.5” E a distance of 28.35 feet back to the point of BEGINNING.
Said described lands being the required right of way and are shown colored yellow on the attached plats marked Annex 1-A.
BEGINNING at a point 59.82 feet left of and opposite station 53+75 on the construction centerline of County Road 113 Relocation on Georgia Highway Project BRST-0981 (2); running thence northwesterly along a straight line to a point 65.00 feet left of and opposite station 53+75 on said centerline; thence northeasterly along a line parallel to said centerline to a point 65.00 feet left of and opposite station 54+25 on said centerline; thence southeasterly along a straight line to a point 54.47 feet left of and opposite station 54+25 on said centerline; thence southwesterly along a straight line back to the point of BEGINNING. Said described land being a temporary easement for the construction of a driveway and is shown colored orange on the attached plats marked Annex 1-A.
The title, estate, or interest in the above described lands, required by condemnor and now taken by condemnor for public use is as follows: Fee simple title to the above described lands all as shown colored yellow on the plats dated the 11th day of April, 2003; Last Revised: Sheet Nos. 4 and 6 on May 3, 2004, and attached to Appendix “A” to Exhibit “A” as Annex 1-A.
A temporary easement is condemned for the right to construct a driveway to connect the newly constructed road and right of way to the condemnees’ remaining lands for driveway purposes. Said easement will expire on July 31, 2006, and is shown colored orange on the above mentioned plats. Upon completion of the project, the driveway will remain in place for use by the condemnees.
(JU16,23B/417 12000)

Notice
Registration Statement Regarding Trade Name
State of Georgia
County of Hart
PLEASE BE ADVISED that Tom Lin, Inc., a Georgia Business Corporation with principal office at P.O. Box 1040, Hartwell, Georgia 30643, is the owner of the certain business now being carried on at 30346 Highway 441 South, in Commerce, Banks County, in the following trade name: RE/MAX Select of Commerce.
This statement is made in conformity with O.C.G.A. 10-1-490, et. seq., requiring the filing of such statement with the clerk of the superior court of the county of the corporation’s legal domicile.
This the 4th day of June, 2004.
By: Tom Lin, Inc.
Linda H. Sauls, Its Secretary/Treasurer and Authorized Agent
(JU16,23P2)

Public Hearing
Notice of Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office:
V-04-07 - Application by Betty Burton for a variance for a beauty shop to be located on a vacant lot of 3.27 acres on Hwy. 326. This property is zoned ARR, Agricultural, Rural-Residential.
Z-04-12 - Application by Robert and Rita Evans for rezoning of .75 acres on Beulah Lane from ARR, Agricultural, Rural-Residential to C-1, Neighborhood Commercial District.
The following ordinances have been received:
An ordinance to amend Appendix “A” of the Code of Banks County, Georgia, pertaining to zoning regulations for Banks County, being Section 301 entitled “Definitions” of Article III, by deleting the definition for “Kennel” and substituting in lieu thereof a new definition for “Kennel” and to define “Commercial Kennel” and “Adult Dogs,” as used in the Code of Banks County, Georgia; to amend Section 502 entitled “Permitted Uses” of Article V “CAD-Commercial Agricultural District,” by deleting Paragraphs 502(2) and 502(13) in their entirety and substituting in lieu thereof new Paragraphs 502(2) and 502(3) so as to provide for regulations for permitted uses for kennels and commercial kennels; to amend Section 503 entitled “Conditional Uses” of Article V “CAD-Commercial Agricultural District,” by deleting Paragraph 503(10) in its entirety and substituting in lieu thereof a new paragraph 503(10) and create a paragraph 503(13) so as to provide for regulations for conditional uses for kennels and commercial kennels; to amend Section 602 entitled “Permitted Uses” of Article VI “ARR - Agricultural Rural Residential District,” by deleting Paragraph 602(14) in its entirety and substituting in lieu thereof a new Paragraph 602(14) and to create a paragraph 602(16) so as to provide for regulations for permitted uses for kennels and commercial kennels; to amend Section 603 entitled “Conditional Uses” of Article VI “ARR - Agricultural Rural Residential District,” by deleting paragraph 603(9) and to create a paragraph 603(13) so as to provide for regulations for conditional uses for kennels and commercial kennels; to provide for an effective date and to repeal conflicting ordinances and resolutions, and for other purposes.
An ordinance to amend Chapter 14 of the Code of Banks County, Georgia, entitled “Animals” by creating Article III of said Chapter to be entitled “Domestic Animals” so as to allow a specific number of adult dogs in R-1 Single Family and R-2 Residential Multi-Family zoning districts of Banks County; to regulate the confinement of adult dogs in R-1 and R-2 Residential zoning districts of Banks County; to regulate the confinement of adult dogs in the Agricultural Rural-Residential (ARR) zoning district and the Commercial Agricultural (CAD) zoning districts of Banks County; to provide for an effective date and to repeal conflicting ordinances and resolutions, and for other purposes.
An ordinance to amend Article V, Section 74-123 entitled “Access” of the subdivision regulations of the Code of Banks County, Georgia, to require Class III subdivisions in R-1, single family residential districts, to have access over a county maintained paved road with a dedicated right of way of at least sixty feet; to repeal conflicting ordinances; to provide an separable and divisible parts; to provide an effective date and for other purposes.
The Banks County Planning Commission will hold a public hearing on the above items at 7 p.m. Monday, July 12, 2004, at the Banks County Courthouse in the courtroom of the Superior Court on the second floor.
The Banks County Commissioners will hold a public hearing on the above items at 7 p.m. Tuesday, July 13, 2004, at the Banks County Courthouse in the courtroom of the Superior Court on the second floor.
Interested persons are invited to appear and comment.
This 23rd day of June, 2004.
(JU23B/069 7000)

Notice
Notice of Foreclosure
of Right to Redeem
TAKE NOTICE THAT:
The right to redeem the following property, to-wit:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, consisting of 1.45 acres, and being more fully shown as Tract No. 15 of Crystal Lake on a plat of survey dated April 24, 1985, prepared by Albert M. Wynn, Jr., Registered Surveyor. Said plat is recorded in Plat Book 10, Page 165, in the office of the Clerk of Superior Court, Banks County, Georgia. Said Plat is hereby incorporated by reference and made a part of this property description.
will expire and be forever foreclosed and barred on and after the 15th day of July, 2004.
The tax deed to which this notice relates is dated the 5th day of March, 2002, and is recorded in the office of the Clerk of the Superior Court of Banks County, Georgia, in Deed Book 189, at Page 561.
The property may be redeemed at any time before the 15th day of July, 2004, by payment of the redemption price as fixed and provided by law to the undersigned at the following address: P.O. Box 908360, Gainesville, Georgia 30601.
Please be governed accordingly.
Benjamin L. Bagwell, Attorney for Purchaser
(JU23,30,JY7,14P4)

Inc. Notice
Notice is given that Articles of Incorporation, which will incorporate 441 Auto Auction & Sales, 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 will be located at 2500 W. Broad Street, Suite 413, Athens, Georgia 30606, and its initial registered agent at such address is Michael L. Berger.
(JU23,30P2)


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