Banks County Legal Advertisements...

OCTOBER 6, 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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Mulligan Estate
Notice to Creditors
State of Georgia
County of Banks
All creditors of the Estate of JUDITH L. MULLIGAN, deceased, are hereby notified to render an account of their demands to the undersigned, and all debtors are required to make immediate payment.
This 8th day of September, 2004.
Kristiana B. Mulligan Willis, Executor of the Estate of Judith L. Mulligan
Kelly C. Holloway
Fortson, Bentley and Griffin, P.A.
Post Office Box 1744
Athens, Georgia 30603
(SE15,22,29OC6P4)

Citation
Georgia, Banks County
Probate Court
In the Matter of Barbie Michelle King, minor
Re: Petition of Susan Amanda Reems to be appointed as temporary guardian of the person
To: Barbie Hoyle King
All objections to the Petition described above must be in writing, setting forth the grounds of any such objections, and must be filed with this Court no later than the close of business 14 days after this notice is mailed or 10 days after this notice is first published or served by the sheriff upon the recipient, whichever is later.
This 8 day of September, 2004
WITNESS the Honorable Betty Thomas
By: Kathy Hill, Clerk, Probate Court
(SE15,22,29,OC6P4)

Mealor Estate
Notice to Debtors and Creditors
All creditors of the Estate of Mary H. Mealor, 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 7th day of September, 2004.
John D. Mealor
Executor/Administrator
1092 Hwy. 326
Commerce, GA
(SE15,22,29,OC6P4)

Notice of Summons
In the Juvenile Court of Habersham County
State of Georgia
IN THE INTEREST OF: J.C.B.
DOB: 08-07-1998
Summons and Process
TO: Amanda Kelly, Joey Bullard and/or the Unknown Father of a Male Minor Child Born to Amanda Kelly on August 7, 1998 and any other person claiming to have a parental interest in the minor child named above born to AMANDA KELLY on the date above-listed.
You are hereby notified that an action to terminate your parental rights and to give permanent custody to the Georgia Department of Human Resources acting through the Habersham County Department of Family and Children Services with respect to the above named child was filed with the Juvenile Court of Habersham County, Georgia. You are further commanded and required to be and appear at the hearing on this matter on the 29th day of October, 2004, at 9:00 o’clock A.M. at the Habersham County Courthouse, and you the said parent, guardian, or legal custodian are likewise hereby commanded to be and appear at the Court at the time and place above-stated, each of you then and there to make defense thereto and to show cause why the said child and all parties named herein should not be dealt with according to the provisions of the law.
A Parent, Guardian, Custodian, or Guardian Ad Litem is entitled to legal counsel in these proceedings and the Court will appoint legal counsel if any of the aforesaid parties is unable, without undue financial hardship, to employ legal counsel. Should such party desire the appointment of legal counsel, he or she should advise the Court of such need prior to the aforesaid date of hearing.
The relief sought by the Petitioner is to terminate parental rights. An order terminating parental rights of a parent terminates all of his or her rights and obligations with respect to the child and all rights and obligations of the child to the parents arising from a parental relationship, including the right of inheritance. A parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has he or she any right to object to the adoption or otherwise participate in the proceedings.
A copy of the Petition in reference to the above-named child may be obtained from the Clerk’s office located at the Courthouse in Habersham County, during business hours.
SO ORDERED this 15th day of September, 2004.
Honorable Joanna Temple
Judge of Juvenile Court
Mountain Judicial Circuit
(SE29,OC6,13,20P4)

Notice of Summons
In the Juvenile Court of Habersham County
State of Georgia
IN THE INTEREST OF: S.J.K.
DOB: 05-28-1997
Summons and Process
TO: Amanda Kelly, Anthony Keith King and/or the Unknown Father of a Female Minor Child Born to Amanda Kelly on May 28, 1997 and any other person claiming to have a parental interest in the minor child named above born to AMANDA KELLY on the date above-listed.
You are hereby notified that an action to terminate your parental rights and to give permanent custody to the Georgia Department of Human Resources acting through the Habersham County Department of Family and Children Services with respect to the above named child was filed with the Juvenile Court of Habersham County, Georgia. You are further commanded and required to be and appear at the hearing on this matter on the 29th day of October, 2004, at 9:00 o’clock A.M. at the Habersham County Courthouse, and you the said parent, guardian, or legal custodian are likewise hereby commanded to be and appear at the Court at the time and place above-stated, each of you then and there to make defense thereto and to show cause why the said child and all parties named herein should not be dealt with according to the provisions of the law.
A Parent, Guardian, Custodian, or Guardian Ad Litem is entitled to legal counsel in these proceedings and the Court will appoint legal counsel if any of the aforesaid parties is unable, without undue financial hardship, to employ legal counsel. Should such party desire the appointment of legal counsel, he or she should advise the Court of such need prior to the aforesaid date of hearing.
The relief sought by the Petitioner is to terminate parental rights. An order terminating parental rights of a parent terminates all of his or her rights and obligations with respect to the child and all rights and obligations of the child to the parents arising from a parental relationship, including the right of inheritance. A parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has he or she any right to object to the adoption or otherwise participate in the proceedings.
A copy of the Petition in reference to the above-named child may be obtained from the Clerk’s office located at the Courthouse in Habersham County, during business hours.
SO ORDERED this 15th day of September, 2004.
Honorable Joanna Temple
Judge of Juvenile Court
Mountain Judicial Circuit
(SE29,OC6,13,20P4)

Inc. Notice
Notice is given that Articles of Incorporation that will incorporate Caring Angels Outreach, Inc. have been delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The initial registered office of the corporation is located at 1922 Hwy. 51 N., Homer, Ga. 30547 and its initial registered agent at such address is Sonya Naylor.
(SE29,OC6P2)

Notice of Public Hearing
The Northeast Georgia and Cornelia Housing Authorities have developed a revision to their 2004-2008 Comprehensive Agency Plan in compliance with the Quality Housing and Works Responsibility Act of 1998. The revised Plan will be available October 1, 2004, for public review and comment at the Northeast Georgia Housing Authority’s administrative office at 605 South Pond St., Toccoa, GA. In addition, the revised plan will be on public display at the City Halls for Clarkesville, Cleveland, Cornelia, Homer, and Toccoa, GA.
In addition, a public hearing will be held at 605 South Pond St., Toccoa, GA on November 15, 2004, at 11:00 AM for public input and consideration by the Northeast Georgia and Cornelia Housing Authority Board of Commissioners.
Persons requiring assistance due to special needs or language barriers should provide one week’s notice by contacting the Northeast Georgia Housing Authority at (706) 886-9455.
/s/H.L. Brantley
Executive Director
Equal Housing Opportunity
(OC6,13B/805 PO20571 2000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
WHEREAS, heretofore on DECEMBER 5TH, 2003, B. J. UMBERHANDT and LOUISE UMBERHANDT did execute and deliver to COMMUNITY BANK & TRUST a certain Deed to Secure Debt recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 227, Pages 837-840, conveying the following described property:
That tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing 1.75 acres, more or less, as shown on a plat of survey for B. J. Umberhandt dated June 23, 2003, recorded in Plat Book 27, Page 172, Banks County records; said plat being incorporated herein by reference for a more complete description of the property.
Together with an improvement and immovable fixture permanently attached thereto, a 2004 Fleetwood 4523F, 28 X 52 manufactured home, Serial Number to be determined.
To the best knowledge and belief of the undersigned, the party in possession of the property is B. J. UMBERHANDT and LOUISE UMBERHANDT, or a tenant or tenants, 295 LANDRUM STREET, BALDWIN, GEORGIA 30511.
The above described land will be sold subject to all unpaid taxes.
WHEREAS, the Note secured by said Deed to Secure Debt has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Deed to Secure Debt and claim attorney’s fees as provided in said Note and Deed to Secure Debt.
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 land, after proper advertisement, on the first Tuesday in November, 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, 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 13th day of September, 2004.
COMMUNITY BANK AND TRUST
As Attorney-in-Fact for B. J. Umberhandt and Louise Umberhandt
(OC6,13,20,27P4)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
WHEREAS, heretofore on August 5, 2003, CLYDE MILLHOLLAND 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 Land Lot 265 GMD of Banks County, Georgia, being shown and delineated as Lots 20 and 21 Timberland Subdivision, containing 1.32 acres according to a plat of survey prepared by James H. Hamlin, Surveyor, dated August 8, 1988 and recorded in Plat Book 14, Page 102, in the Office of the Clerk of Superior Court of Banks County, Georgia, which plat is incorporated herein by this reference for a more complete description.
To secure an indebtedness evidenced by a promissory note of even date therewith in the amount of $97,200.00 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 220, Pages 776-781.
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 this 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 November, 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 Clyde Millholland and said property will be sold as the property of Clyde Millholland.
The undersigned will execute and deliver a deed and title to the purchaser as authorized in the aforementioned deed to secure debt.
This ___ day of September, 2004.
THE NATIONAL BANK OF GAINESVILLE AS ATTORNEY-IN-FACT FOR CLYDE MILLHOLLAND
James M. Walters
Attorney at Law
Suite 103
311 Green Street
Gainesville, Georgia 30501
(770) 536-3264
(OC6,13,20,27P4)


Feiler Estate
Georgia, Banks County
Probate Court
Ursula J. Woodson has petitioned to be appointed Administrator of the estate of Robert L. Feiler, 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 November 1, 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.
Beth Thomas, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(OC6,13,20,27P4)

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 Kathleen A. Cochran and Sam P. Cochran to Mortgage Electronic Registration Systems, Inc., dated February 25, 2002, recorded in Deed Book 188, Page 209, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($174,500.00), 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 November, 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 Kathleen A. Cochran and Sam P. Cochran or a tenant or tenants and said property is more commonly known as 376 Wright Street, Homer, Georgia 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Mortgage Electronic Registration Systems, Inc.
as Attorney-in-Fact for Kathleen A. Cochran and Sam P. Cochran
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net <file://www.foreclosurehotline.net>
DDP/aej 11/2/04
Our file no. 5719704-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the 265th G.M.D. of Banks County, Georgia, designated as Tract 2, containing 7.00 acres, more or less, according to Plat of Survey prepared by Venable and Associates, Inc., dated April 12, 2001 and recorded among Banks County, Georgia Records in Plat Book C, at Page 143, reference to said plat being made for a more complete description of the tract herein described and conveyed.
ALSO CONVEYED are perpetual rights of ingress and egress as described in Easement from Bess M. Crawford to Sam P. Cochran and Kathleen A. Cochran, dated June 21, 2001 and recorded among Banks County, Georgia Records in Deed Book 174, Page 224.
DDP/aej 11/2/04
Our file no. 5719704-FT5
Amy Joiner
Foreclosure Paralegal-Team 3
McCalla, Raymer, et al.
1544 Old Alabama Road
Roswell, GA 30076
Phone: 770-643-7340
Fax: 770-643-4073
(OC6,13,20,27B/3642 7000)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Deed to Secure Debt from
MISTY C. PAYNE, hereinafter GRANTOR, in favor of AMERICAN GENERAL FINANCIAL SERVICES, INC., dated the 3rd day of October, 2003, and filed for record the 10th day of October, 2003, in Deed Book 224, Page 152, Banks County, Georgia Records; said Deed to Secure Debt being given to secure a Promissory Note of even date in the original principal amount of Six Thousand Three Hundred Twelve and 66/100ths Dollars ($6,312.66), with interest from date as stated therein; there 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 NOVEMBER, 2004, the following described property:
All that certain tract of land, containing .91 acres, more or less, known as Tract 6 in the 207th District, GM of Banks Co., Georgia off Fort Lamar Road, bound now or formerly as follows; North by lands of Eula Shaw Lord, east by lands of Payne (Tract 7); south by country dirt road and lands of Payne (Tract 8) and west by lands of James Payne (Tract 5).
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on the 18th day of November, 1983, and shown as Tract 6, which plat is recorded in Plat Book 10, Page 118, Public Records of said Banks County, is by reference incorporated herein as part of this description.
The debt secured by said Deed to Secure Debt 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 subject to any outstanding ad valorem taxes, special assessments, unpaid utility bills constituting liens against the property, and all Deeds to Secure Debt, liens and encumbrances existing when the above-described Deed to Secure Debt was filed for record. To the best of the undersigned’s knowledge, information and belief, equitable title to this property is held by MISTY C. PAYNE. This property is located at 189 Leachman Road, Commerce, GA 30530.
AMERICAN GENERAL FINANCIAL SERVICES, INC. as Attorney-in-Fact for the above-named Grantor
AMERICAN GENERAL FINANCIAL SERVICES, INC.
by Robert W. Broome, Attorney
1800 Peachtree Street, NW Suite 445
Atlanta, Georgia 30309
#404-350-8349
(OC6,13,20,27B/1331 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 Ronny N. Shubert to Regions Mortgage, Inc., dated February 16, 2001, recorded in Deed Book 168, Page 863, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-SEVEN THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($57,500.00), 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 November, 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 Ronny N. Shubert or a tenant or tenants and said property is more commonly known as 2354 GA Hwy 326, Commerce, Georgia 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.
Regions Bank dba Regions Mortgage fka Regions Mortgage, Inc. as Attorney-in-Fact for Ronny N. Shubert
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/krf 11/2/04
Our file no. 51628204-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Ronnie Shubert by Barry D. Lord, Registered Surveyor, dated February 14, 2001, recorded in Plat Book C, Page 137, 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.
(OC6,13,20,27B/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 Susan J. Martin AKA Susan Joe Seabolt Martin and Shane L. Martin AKA Shane Lamar Martin to Regions Mortgage, Inc., dated September 19, 2001, recorded in Deed Book 179, Page 173, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY THOUSAND AND 0/100 DOLLARS ($90,000.00), 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 November, 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 Susan J. Martin AKA Susan Joe Seabolt Martin and Shane L. Martin AKA Shane Lamar Martin or a tenant or tenants and said property is more commonly known as 108 Oak Drive, 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.
Regions Bank dba Regions Mortgage fka Regions Mortgage, Inc. as Attorney-in-Fact for Susan J. Martin AKA Susan Joe Seabolt Martin and Shane L. Martin AKA Shane Lamar Martin
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/jam 11/2/04
Our file no. 5468704-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the City of Maysville, 465th District, G.M., Banks County, Georgia, and being that 0.50 acres, more or less, designated as Lot 19, Section A, Oak Groves Estates Subdivision, as more particularly shown on a plat of survey prepared for Marion Jarrett by Max Lewallen, Registered Surveyor, dated April 13, 1993, recorded at Plat Book 18, Page 2, 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.
(OC6,13,20,27B/3642 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by Talmadge Galloway and Dina Galloway to Alliance Funding, a Division of Superior Bank FSB dated the 14th day of April, 1999, and recorded in Deed Book 142, Page 756, BANKS County, Georgia Records; as last transferred to LaSalle Bank National Association, f/k/a LeSalle National Bank, as Trustee under Pooling and Servicing Agreement dated 06/01/1999, by assignment to be recorded; the undersigned, LaSalle Bank National Association, f/k/a LeSalle National Bank, as Trustee under Pooling and Servicing Agreement dated 06/01/1999, Series 1999-2, pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in November, 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 211 McClure Road, Gillsville, GA,
together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Talmadge Galloway and Dina Galloway and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
LaSalle Bank National Association, f/k/a LeSalle National Bank, as Trustee under Pooling and Servicing Agreement dated 06/01/1999, Series 1999-2
Attorney-in-Fact for Talmadge Galloway and Dina Galloway
McCurdy & Candler, L.L.C.
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.
LaSalle Bank National Association, f/k/a LeSalle National Bank, as Trustee under Pooling and Servicing Agreement dated 06/01/1999, Series 1999-2 /Talmadge Galloway and Dina Galloway
EXHIBIT”A”
All that tract or parcel of land lying and being in 465th G.M. District, Banks County, Georgia, and being designated as Tract 2-C, containing 1.02 acres, more or less, as shown on that certain plat entitled “Survey for CHS Associates” dated October 21, 1998, prepared by G. Brian Slate, GRLS No. 2629, recorded in Plat Book 23, Page 156, Banks County, Georgia records which plat is incorporated herein by reference and made a part hereof.
OC6,13,20,27B/1325 6000)


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