Banks County Legal Advertisements...

JUNE 30, 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
By virtue of a Power of Sale contained in that certain Security Deed from John K. Chappell to Long Beach Mortgage Company, dated December 21, 2000, recorded in Deed Book 166, 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)

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)

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
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)

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)

Advertisements
for Bids
Department of Transportation
State of Georgia
Federal Project
No. CSSTP-M002-00 (874) 01
Banks, Franklin,
Jackson Counties
Sealed proposals for furnishing all labor, material, equipment and other things necessary for the following work will be received by the undersigned at the general office of the Department of Transportation, 2 Capitol Square, Atlanta, Georgia 30334, until 11:00 a.m., July 16, 2004, and publicly opened.
11.610 miles of milling, overlay, plant mix resurfacing and shoulder reconstruction on SR 59 beginning at SR 17 and extending to SR 51.
(E)
Contract Time: 08/31/05; Proposal Guaranty: 5%; District Office: Gainesville; Price of Plans: None; DBE: 6.00
Plans and specifications may be inspected at the general office in Atlanta and the district office indicated. Copies of the standard specifications ($20.00), the proposal form ($10.00), and the plans (indicated price) may be obtained from the state transportation office engineer at the general office in Atlanta, telephone number (404) 656-5293. Payment of the correct amount must be made within 30 days of billing; such payments are not refundable.
Payment will be made to the contractor each calendar month based on the estimated work complete in place as prescribed by the standard specifications.
The state reserves the right to reject any or all bids.
Harold E. Linnenkohl, Commissioner
Department of Transportation
(JU30,JY7B/271 3000)
Advertisements
for Bids
Department of Transportation
State of Georgia
Federal Project
No. BRST-0981 (2) 01
Banks County
Sealed proposals for furnishing all labor, material, equipment and other things necessary for the following work will be received by the undersigned at the general office of the Department of Transportation, 2 Capitol Square, Atlanta, Georgia 30334, until 11:00 a.m., July 16, 2004, and publicly opened.
0.596 mile of grading, drainage, base, plant mix resurfacing and construction of a bridge and approaches on SR 105 over Middle Fork Broad River beginning West of CR 113 and extending East of Middle Fork Broad River; also includes relocation of CR 113.
(E)
Contract Time: 09/30/05; Proposal Guaranty: 5%; District Office: Gainesville; Price of Plans: $70.00; DBE: 12.00
Plans and specifications may be inspected at the general office in Atlanta and the district office indicated. Copies of the standard specifications ($20.00), the proposal form ($10.00), and the plans (indicated price) may be obtained from the state transportation office engineer at the general office in Atlanta, telephone number (404) 656-5293. Payment of the correct amount must be made within 30 days of billing; such payments are not refundable.
Payment will be made to the contractor each calendar month based on the estimated work complete in place as prescribed by the standard specifications.
The state reserves the right to reject any or all bids.
Harold E. Linnenkohl, Commissioner
Department of Transportation
(JU30,JY7B/271 3000)


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