Banks County Legal Advertisements...

AUGUST 18, 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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Name Change
Notice of Petition to Change Name
Georgia, Banks County
DONALD TRAVIS COZART, the undersigned, filed his petition in the Superior Court of Banks County, Georgia on July 27, 2004, praying for a change in his name from DONALD TRAVIS COZART to DONALD TRAVIS BRYSON. Notice is hereby given pursuant to law to any interested or affected party to appear in said Court and to file objections for such name change. Objections must be filed with said Court within thirty (30) days of the filing of said Petition.
This 1st day of July, 2004.
Donald Travis Cozart
(AU4,11,18,25P4)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
WHEREAS, heretofore on August 6, 2002, Todd A. Germick did execute a certain deed to secure debt to The National Bank of Gainesville to 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 10.92 acres, more or less, designated as Lot No. 21, on a final plat of survey of Grove River Estates prepared for Tommy Watkins Construction Co., Inc. by G. Brian Slate, Registered Surveyor, dated August 15, 2001, revised November 28, 2001, recorded in Plat Book D, Page 35 in the Office of the Clerk of the Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to the following restrictions which shall run with the land;
1) There shall be no poultry houses built on said lands.
2) There shall be no commercial hog operations of any kind on said land.
3) There shall be no single-wide or double-wide mobile homes allowed on said lands.
To secure an indebtedness evidenced by a promissory note of even date therewith in the amount of $168,000.00 all as shown by a deed to secure debt recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Deed Book 198, Pages 485-489, and Modifications recorded in Deed Book 207, Pages 484-485; 223; Pages 289-290 and 229; Pages 118-119.
The secured indebtedness is now in default, and the holder has declared the balance thereon due. This sale will be for the purpose of paying the same and the proceeds thereof will be applied to the payment of said indebtedness and all charges and expenses in connection with the sale under power, and the balance, if any, will be applied as provided in said deed to secure debt and according to the Laws of the State of Georgia.
Now Therefore, according to the terms of said deed to secure debt and the laws in such cases made and provided, the undersigned will expose for sale to the highest and best bidder for cash the above-described lands after proper advertisement on the first Tuesday in September, 2004, between the legal hours of sale, before the Courthouse door in Homer, Banks County, Georgia.
Said real estate will be sold subject to the following:
a) Outstanding ad valorem taxes;
b) Easements and/or Restrictive Covenants appearing of record, if any.
To the best of the undersigned’s knowledge and belief, the property is in the possession of Todd a. Germick and said property will be sold as the property of Todd A. Germick.
The undersigned will execute and deliver a deed and title to the purchaser as authorized in the aforementioned deed to secure debt.
This 30th day of July, 2004.
THE NATIONAL BANK OF GAINESVILLE AS ATTORNEY-IN-FACT FOR TODD A. GERMICK
James M. Walters
Attorney At Law
311 Green Street
Gainesville, Georgia 30501
(770) 536-3264
(AU11,18,25,SE1P4)

Notice of Sale
Georgia, Habersham County
WHEREAS, heretofore on December 14, 2001, Chandler E. Samples did execute and deliver to Community Bank and Trust a certain Deed to Secure Debt With Power of Sale recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 183, Pages 403-4, conveying the following described property:
All that tract or parcel of land lying and being in G.M.D. Berlin - 1210, Banks County, Georgia, and being designated as Tract 2 on a plat of survey prepared by Max Lewallen, RLS # 2067, dated December 10, 2001, and consisting of 25.00 acres, more or less, a copy of said plat being of record in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 26, Page 109, to which said plat and the records thereof reference is hereby made for a more complete description.
To the best knowledge and belief of the undersigned, the party in possession of the property is Chandler E. Samples, or a tenant or tenants, and is more commonly known as 2009 Samples Scales Rd., Homer, Georgia 30547.
The above-described land will be sold subject to all unpaid taxes.
Whereas, the Note secured by said Deed to Secure Debt With Power of Sale has become in default as to payment of the principal and interest, and Community Bank and Trust has given notice of its intention to foreclose said Deed to Secure Debt With Power of Sale and claim attorney’s fees as provided in said Note and Deed to Secure Debt With Power of Sale.
Now Therefore, according to the terms of said Deed to Secure Debt With Power of Sale and the laws in such cases made and provided, the undersigned will expose for sale to the highest and best bidder, for cash, the above-described land, after proper advertisement, on the first Tuesday in September, 2004, between the legal hours of sale before the Courthouse door in Homer, Banks County, Georgia. The proceeds from said sale will be used first to pay the costs and expenses of said sale, second to pay the indebtedness secured by said Deed to Secure Debt With Power of Sale, and the balance, if any, delivered to the persons legally entitled thereto.
PLEASE BE ADVISED THAT ADAMS, ELLARD & FRANKUM, P.C., IS RETAINED COUNSEL FOR COMMUNITY BANK & TRUST REGARDING THE ABOVE-REFERENCED MATTER. ALL INFORMATION OBTAINED WILL BE USED FOR THE PURPOSE OF COLLECTING THE REFERENCED DEBT.
This 5th day of August, 2004
COMMUNITY BANK AND TRUST As Attorney-in-Fact for Chandler E. Samples
(AU11,18,25,SE1P4)

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 Brenda Gail Franklin to Mortgage Electronic Registration Systems, Inc., dated November 21, 2001, recorded in Deed Book 182, Page 508, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Sixty-One Thousand and 0/100 Dollars ($61,000.00), 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 September, 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 Brenda G. Franklin or a tenant or tenants and said property is more commonly known as 200 New Image Drive, Lula, Georgia 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.
Mortgage Electronic Registration Systems, Inc. as Attorney-in-Fact for Brenda Gail Franklin.
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/lwl 9/7/04
Our file no. 5639204-FT5
EXHIBIT “A”
All that lot, tract, or parcel of land, together with improvements thereon, lying and being in the 912th GMD of Banks County, Georgia, and being Lot 6, New Image Subdivision, as shown on the Subdivision plat recorded in Plat Book C, Page 38 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property.
Said property is conveyed subject to the Restrictive Covenants for New Image Subdivision recorded in Deed Book 174, Page 815, of the Banks County, Georgia Deed Records.
(AU11,18,25,SE1B/3642 6000)

Coble Estate
Georgia, Banks County
Probate Court
Harold E. Coble, Jr. has petitioned to be appointed Administrator of the estate of Harold E. Coble, Sr., deceased, of said County. (The petitioner has 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 September 7, 2004 by 10 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
(AU11,18,25,SE1P4)

Purdy Estate
Georgia, Banks County
Probate Court
Douglas Dwayne Purdy has petitioned to be appointed Administrator of the estate of Richard Troy Purdy, deceased, of said County. (The petitioner has 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 September 7, 2004 by 10 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
(AU11,18,25,SE1P4)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in a Deed to Secure Debt dated October 4, 2001, from Ronald E. Jones to 1st Franklin Financial Corporation, filed for record on the 8th day of October, 2001, and recorded in Deed Book 179, pages 733-734, in the Office of the Clerk of Superior Court of Banks County, Georgia, given to secure a Note of even date in the original principal amount of Five Thousand Nine Hundred Five & 21/100 Dollars ($5,905.21), with interest thereon from date, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse in Banks County, Georgia, on the first Tuesday in September, 2004, to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in the 208th G.M. District of Banks County, Georgia, containing 6.33 acres, more or less, and being more particularly shown and delineated as Lot No. 4 on a plat of survey prepared by James M. Paul, R.L.S., dated March 31, 1978, and recorded in Plat Book 8, Page 83, Banks County, Georgia, records, which plat is by reference made a part of this description.
This being the same property described in a Warranty Deed from 1st Franklin Financial Corp. to Ronald E. Jones, dated October 20, 2000, recorded in Deed Book 165, Page 142, Banks County, Georgia, records, which deed is by reference made a part of this description.
LESS AND EXCEPT however from said property is a prior conveyance of 2.00 acres out of said parcel, described in a deed from Ronald E. Jones to Connie Phillips, dated March 15, 2001, recorded in Deed Book 169, Page 201; and shown by plat recorded in Plat Book 25, Page 161, both being in the Banks County, Georgia, records, and by reference made a part of this description.
Said property is subject to those Restrictive Covenants described and contained in the aforementioned Deed at Deed Book 165, Page 142.
The debt secured by said Deed to Secure Debt is evidenced by a Note dated October 4, 2001, executed by Ronald E. Jones in favor of 1st Franklin Financial Corporation.
The debt secured by said Deed to Secure Debt and evidenced by said Note has been and is hereby declared due and payable because of grantor’s failure to make monthly installments as and when due in the manner required under the Note and Security Deed, among other possible events of default. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness including all accrued and unpaid interest thereon and attorney’s fees and all expenses of said sale.
The property will be sold as the property of Ronald E. Jones, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property. Notice has been given of intention to enforce provisions for collection of attorney’s fees and foreclosure in accordance with legal requirements and the terms of said Deed to Secure Debt and Note.
Said property will be sold subject to any and all unpaid ad valorem taxes, assessments, unpaid utilities, matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, general subdivision restrictions, covenants, leases, liens, easements, and any other matters of record superior to said security deed, 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.
1st Franklin Financial Corporation, as Attorney-in-Fact for Ronald E. Jones
Gary L. Aston
Attorney-at-Law
203 College Ave.
Elberton, GA. 30635
(706) 283-7900
This law firm is attempting to collect the debt described in this advertisement. Any information obtained will be used for that purpose.
(AU11,18,25,SE1B/338 7000)

Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by Donald Belcher to CitiFinancial Services, Inc., dated August 18, 2003 and filed for record August 22, 2003 in Deed Book 221, Page 179-183, Banks County, Georgia records, and securing a Note in the original principal amount of $124,477.12, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Banks County, Georgia, between the legal hours of sale on the first Tuesday in September 2004, by CitiFinancial Services, Inc. as Attorney-in-Fact for Donald Belcher the following property to-wit:
All that tract or parcel of land shown on Exhibit “A: attached hereto and made a part hereof.
The above-described property is also known as 279 Webbs Creek Road, Commerce, GA 30529.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees (notice of intention to collect attorney’s fees having been given).
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Donald Belcher.
CitiFinancial Services, Inc. as Attorney-in-Fact for Donald Belcher
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
6259 Riverdale Road
Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM 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 208th District G.M. Banks County, Georgia, containing 1.158 acres fronting on the northern side of Webbs Creek Church Road and bounded on the north by property of J.J. Marshburn Estate, on the east by property of Joe Griffeth, on the south by centerline of Webbs Creek Church Road and on the west by property of Bill Carter and being more particularly described as follows:
BEGINNING at an iron pin which constitutes the northwestern corner of the tract herein described and a common corner of property of R.J. Marshburn Estate and Bill Carter, thence north 43 degrees 43 minutes east 155.54 feet along property of R.J. Marshburn Estate to an iron pin; thence south 17 degrees 17 minutes east 412.81 feet along property of Joe Griffeth to the centerline of Webbs Creek Church Road; thence south 76 degrees 33 minutes west 136.43 feet along the centerline of Webbs Creek Church Road to a point, thence north 17 degrees 17 minutes west 328.23 feet along property of Bill Carter to an iron pin which is the point of beginning.
REFERENCE is made to a plat of survey by Eddie A. Borders, Banks County Surveyor, dated May 9, 1979, a copy of which is recorded at Plat Book 7, Page 172, Banks County Records.
TAX MAP REFERENCE 24-041.
BEING THAT parcel of land conveyed to Donald Belcher from Webbs Creek Baptist Church, by and through its duly elected Trustees, Jack Banks, William Cothran and O.B. Stevens by that deed dated 02/05/1998 and recorded 02/10/1998 in Deed Book 124, at Page 758, of the Banks County, Georgia Public Registry.
(AU11,18,25,SE1B/119 7000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Barbara Purdy and Janice Acker to Aames Funding Corporation d/b/a Aames Home Loan, dated November 21, 2001, recorded in Deed Book 182, Page 239, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for the Benefit of the Certificateholders of Aames Mortgage Trust 2001-4 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Sixty Thousand Three Hundred And 0/100 Dollars ($60,300.00), 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 September, 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 Barbara Purdy and Janice Acker or a tenant or tenants and said property is more commonly known as 561 Garland White Road, Alto, GA 30510.
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.
Deutsche Bank National Trust Company, as Trustee formerly known as Bankers Trust Company of California, N.A. in Trust for the Benefit of the Holders of Aames Mortgage Trust 2001-4 Mortgage Pass-Through Certificates, Series 2001-4 c/o Countrywide Home Loans SV-79, 1800 Tapo Canyon Road, Simi Valley, CA 93065 as Attorney in Fact for Barbara Purdy and Janice Acker
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/cal 9/7/04
Our file no. 51250904-FT4
EXHIBIT “A”
All that tract or parcel of land containing 0.87 acre, more or less, in the 448th GMD, of Banks County, Georgia, and bounded now or formerly as follows: North by lands of Janette Craven; East by Garland White Road; South by lands of Roger Allen England and lands of Baugh; and West by lands of Billy Maney.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on November 11, 2001, for Janice Acker, which plat is recorded in Plat Book 26, Page 88 of the Public Records of Banks County, and is by reference incorporated herein as part of this description.
(AU11,18,25,SE1B/3642 7000)

Notice
In the Superior Court of Banks County
State of Georgia
Department of Transportion, Plaintiff-Condemnor, vs. 0.159 acres of land; and certain easement rights; and Jennifer Rosie Jennings, individually, Defendant-Condemnees.
Civil Action File No. 04-CV-179B
Notice
To: Jennifer Rose Jennings
You are hereby commanded to file with the Clerk of the Superior Court of Banks County, and serve upon Thomas L. Fitzgerald, Hulsey, Oliver & Mahar, LLP, P.O. Box 1457, Gainesville, Georgia 30503, an answer within 60 days of the date of order for service by publication.
So Ordered this 2nd day of August, 2004.
Judge Joseph H. Booth, Superior Court of Banks County
By: June Westbrook, Deputy Clerk, Superior Court of Banks County
(AU18,25,SE1,8P4)

Public Hearing
Please take notice that the following applications have been received by the Banks County Planning Office:
CU-04-08 - A conditional use application from National Wireless Construction to build a telecommunications tower at the intersection of Partain Road and Bruce Kesler Road.
CU-04-09 - A conditional use application from Lightnin’ RV Sales and Service LLC for a recreational vehicle sales facility at 30600 U.S. Highway 441, South.
CU-04-10 - A conditional use application from Robert Evans for a bait and tackle shop at 137 Beaulah Lane.
CU-04-11 - A conditional use application from Tim Farmer for a shop to house plumbing vehicles on Hickory Flat Drive.
CU-04-12 - A conditional use application from Bruce L. Oye for a home based business at 1520 Grove Level Road.
Z-04-13 - A rezoning application for Cynthia Farmer to rezone 121 acres on Hickory Flat Drive from ARR, Agricultural, Rural-Residential to CAD, Commercial Agricultural District.
Z-04-14 - A rezoning application for Tim Brooks to rezone 159 acres on Hebron Road from ARR, Agricultural, Rural-Residential to R-1, Single Family Residential.
The following ordinances and amendments have been received:
An ordinance to amend Article IV entitled “General Provisions” Section 407 entitled “Height Limitations” to provide for general building heights and areas as set forth in the 2000 International Building Code; to provide for an effective date; to repeal conflicting ordinances and resolutions; and for other purposes.
An ordinance to amend Article IV entitled “General Provisions” Section 411(a) to allow signs closer than thirty feet to any public right of way and closer than ten feet from a property line; To provide for an effective date; To repeal conflicting ordinances and resolutions; and for other purposes.
An ordinance to amend Article II, Sections 62-32 to reduce the required bond or letter of credit from $10,000 to $5,000 for harvesters; to provide for an effective date and to repeal conflicting ordinances and resolutions, and for other purposes.
An ordinance to repeal ordinance number 81-3 adopted December 1, 1981, Ordinance Number 94-3 adopted April 12, 1994, Ordinance Number 98-4 adopted April 12, 1984, Ordinance Number 98-5 adopted March 10, 1998, ordinance number 02-08, adopted May 14, 2002, relating to alcoholic beverages and the sale of alcoholic beverages in Banks County; to delete said ordinances referenced in the Code of Banks County in Sections 6-1 and 6-2 of Article 1, Chapter 6 in their entirety and to substitute in lieu thereof new sections 6-1-1 through 6-1-19 relating to alcoholic beverages and the sale of alcoholic beverages in Banks County said sections to provide for the regulation and licensing of the sale of distilled spirits, malt beverages and wine by the drink for consumption on the premises in Banks County; to provide for definitions, to provide qualifications for licensing of the sale of distilled spirits, malt beverages and wine by the drink for consumption on the premises; to provide for an annual license fee and excise taxes; to provide for license applications and their contents and terms; to provide for grounds for suspension and revocation of licenses; to provide for an effective date; to provide for severability; to repeal conflicting resolutions and for other purposes.
The Banks County Planning Commission will hold a public hearing on the above items at 7 p.m. Tuesday, September 7, 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, September 14, 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 18th day of August, 2004.
(AU18B/69 7000)

Name Change
In the Superior Court of Banks County
State of Georgia
In Re: Name Change Petition of Eugene Ramon Lemley to Shayne Pressley
Civil Action No. 04CV290B
Petition to Change Name
Petitioner files this Petition to Change Name and shows the following:
Petitioner is Eugene Ramon Lemley, who resides at 27 Apartment Street, Homer, Banks County, Georgia. Petitioner is of the age of majority, having been born January 1, 1968.
Petitioner desires to change his name from Eugene Ramon Lemley to Shayne Pressley.
The reasons such a change in name is requested are as follows: At 3 years old my Mother Janice Lemley remarried to Jim D. Pressley and when I started to School my Step Father put me in school by the name of Shayne Pressley and it stayed that way, I never was adopted by him, just a name change in school. When he died in 1986, I had to go by my Birth last name and for Drivers License and Social Security. Now I would like my name to go back to Shayne Pressley as I have been known most of my life.
This Petition is not submitted with the intention of defrauding another of any rights.
Wherefore, petitioner prays that his name be changed from Eugene Ramon Lemley to Shayne Pressley.
Eugene Ramon Lemley
(AU18,25,SE1,8P4)

Payne Estate
Notice to Debtors and Creditors
All creditors of the Estate of George K. Payne, 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 21 day of July 2004.
Donna F. Payne, Executor/Administrator
600 Trotter’s Glen
Baldwin, Ga. 30511
(JY28,AU4,11,18P4)

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 Keith Tucker to Wells Fargo Home Mortgage, Inc., dated June 10, 2002, recorded in Deed Book 194, Page 239, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of One Hundred Forty-Three Thousand Seven Hundred Forty-Four And 0/100 Dollars ($143,744.00), 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 September, 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 Keith Tucker or a tenant or tenants and said property is more commonly known as 58A Homer Street, Maysville, Georgia 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.
Wells Fargo Home Mortgage, Inc. as Attorney in Fact for Keith Tucker
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/sab 9/7/04
Our file no. 5551103-FT5
EXHIBIT “A”
All that tract or parcel of land, with improvements thereon, lying and being in the Anderson (465) District, G.M. Banks County, GA in the corporate limits of the Town of Maysville, Georgia, containing 1.62 acres, more or less, and being bounded now or formerly as follows: On the Northwest by Homer-Maysville Highway and lands of Blanton Jacks; on the Northeast by lands of Blanton Jacks and other land of Mrs. Addie Sheridan; on the Southeast by Mrs. Addie Sheridan; and on the Southwest by lands of Mrs. Addie Sheridan, and by said Homer-Maysville Highway, and being more clearly shown and delineated on Plat of Survey of H. G. Prickett, Surveyor, dated April, 27, 1948, and being recorded in Plat Book 1, Page 324, Banks County Records. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Being the same property conveyed by Arthur H. Sanders to James Cecil Highfield by Warranty Deed dated August 17, 1966, and being recorded in Deed Book “RR” Page 58, Banks Co. GA.
(AU11,18,25,SE1B/3642 7000)


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