Banks County Legal Advertisements...

OCTOBER 27, 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
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 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)

Daly Estate
Notice to
Debtors and Creditors
All creditors of the Estate of Betty J. Daly, 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 1st day of October, 2004.
John F. Daly Jr., Executor/Administrator
4051 Silver Fir Court
Marietta, GA 30066
(OC13,20,27,NV3P4)

Notice of Election
SUMMARY OF PROPOSED CONSTITUTIONAL AMENDMENTS
Pursuant to requirements of the Georgia Constitution, Attorney General Thurbert E. Baker, Secretary of State Cathy Cox, and Legislative Counsel Sewell R. Brumby hereby provide the summaries of the proposed constitutional amendments that will appear on the November 2, 2004, general election ballot for consideration by the people of Georgia:
- 1 -
To define marriage as the union of man and woman.
Senate Resolution No. 595
Resolution Act No. 841
Ga. L. 2004, P. 1111
“( ) YES
( ) NO - Shall the Constitution be amended so as to provide that this state shall recognize as marriage only the union of man and woman?”
This first paragraph of this proposal provides that Georgia shall recognize as marriage only the union of man and woman and prohibits marriages between persons of the same sex in this state. The second paragraph of this proposal further provides that the state: (1) shall not recognize any union between persons of the same sex as being entitled to the benefits of marriage; (2) shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex where that relationship is treated as a marriage under the laws of such other state or jurisdiction; and (3) removes from the jurisdiction of Georgia’s courts the ability to grant a divorce or separate maintenance or otherwise consider or rule on parties’ rights arising from or in connection with such a same-sex relationship.
A copy of this entire proposed amendment is on file in the office of the judge of the probate court and is available for public inspection.
- 2 -
To provide the Supreme Court jurisdiction to answer questions of law from federal courts.
House Resolution 68
Resolution Act No. 165
Ga. L. 2003, P. 404
“( ) YES
( ) NO - Shall the Constitution be amended so as to provide that the Supreme Court shall have jurisdiction and authority to answer questions of law from any state appellate or federal district or appellate court?”
This proposal provides that the Supreme Court of Georgia shall have jurisdiction and authority to answer any question of law from any state appellate or federal district or appellate court. Currently the Supreme Court has constitutional authority to answer questions of law from state and federal appellate courts only. The proposal adds the authority to answer questions of law from federal district courts. This procedure is used when another court desires to ask the Georgia Supreme Court to determine an unsettled question of state law.
A copy of this entire proposed amendment is on file in the office of the judge of the probate court and is available for public inspection.
(OC13,20,27B/379 5000)

Adoption Notice
In the Superior Court of
Banks County
State of Georgia
IN RE: Petition of Howard Gregory Bowman for Adoption of Brett William Langston, a minor child, whose date of birth is July 17, 1991.
Civil Action Adoption No. 04-A-06X
Notice
TO: Todd Russell Langston
2119 Overseas Hwy.
Marathon, Florida 33050
By order of the court for service by publication dated October 12, 2004, you are hereby notified that on the 13 day of October, 2004, HOWARD GREGORY BOWMAN, filed for adoption of BRETT WILLIAM LANGSTON. You are required to file with the Clerk of the Superior Court, and to serve upon Petitioner’s attorney, David C. Jones, Jr., P.O. Box 295, Homer, Georgia 30547, any objections to this action in writing within sixty (60) days of October 13, 2004.
Witness the Honorable David Motes, Judge, of Banks County Superior Court.
This 13 day of October, 2004.
Timothy A. Harper
Clerk, Superior Court of Banks County, Georgia
(OC20,27,NV3P3)


Pruitt Estate
Notice to Debtors
and Creditors
All creditors of the Estate of Mary Frances Pruitt, 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 15th day of October, 2004.
/s/Horace E. Campbell
Milton Pruitt, Executor by
Horace E. Campbell, his Attorney
P.O. Box 149
Cornelia, Ga. 30531
Phone: 706/778-6318
Fax: 706/776-8642
(OC27,NV3,10,17P4)

Coffee Estate
Notice to Debtors
and Creditors
All creditors of the Estate of BESSIE MAY COFFEE, deceased, late of Banks County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to me.
/s/Charles C. Coffee
Executor of
Bessie May Coffee, deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, Ga. 30531
(706)778-6823
(OC27,NV3,10,17B/1326 1000)

Murray Estate
Notice to Debtors
and Creditors
All creditors of the Estate of James B. Murray, 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 19 day of October, 2004.
Janet Dorsey
Executor/Administrator
918 Ft. Lamar Road
Commerce, Ga. 30530
(OC27,NV3,10,17P4)

Public Notice
SUPERIOR COURT OF
BANKS COUNTY
STATE OF GEORGIA
In the Matter of: The 2004 Tax Digest for Banks County, Georgia
Civil Action File No. 04CR396A
PETITION FOR ORDER AUTHORIZING THE IMMEDIATE
AND TEMPORARY COLLECTION OF
AD VALOREM MOTOR VEHICLE TAXES
COMES NOW the Board of Commissioners of Banks County, Georgia, as Petitioner, pursuant to O.C.G.A. ß 48-5-310, and files this Petition for Order Authorizing the Immediate and Temporary Collection of Ad Valorem Motor Vehicle Taxes, showing the Court as follows:
1. Petitioner is the governing body of Banks County, Georgia. Petitioner is authorized under the laws of the State of Georgia to levy and collect ad valorem taxes upon all property located within its jurisdiction (Banks County), both for Banks County and for the Banks County School District.
2. Petitioner files this Petition to obtain an order allowing the temporary and immediate collection of 2005 ad valorem taxes on motor vehicles located in Banks County, Georgia. Petitioner seeks such an order because, due to reevaluation, the digest has not been approved, the millage rate cannot be set, the amount of taxes due cannot be determined, and tax bills cannot be prepared. Although Petitioner has authorized and requested that the Banks County Tax Commissioner obtain from the Commissioner of the Georgia Department of Revenue an order allowing the Banks County Tax Commissioner to accept voluntary payments of 2004 ad valorem taxes on real and personal property based on 2003 tax amounts, this procedure is not available for ad valorem taxes on motor vehicles. As a result, 2005 ad valorem taxes on motor vehicles cannot be collected, and Petitioner is in need of revenues to maintain the orderly and normal function of its business and affairs.
3. Pursuant to Paragraph I of Section 4 of Article IX of the Constitution of the State of Georgia and Title 48 of the Official Code of Georgia Annotated, Petitioner is authorized to set a millage rate and levy ad valorem taxes for Banks County, Georgia, based on assessments provided by the Banks County Board of Tax Assessors.
4. In order for ad valorem taxes to be levied in a particular year, a digest must be prepared and a millage rate must be set by Petitioner and the Board of Education of Banks County. In order for a digest to be prepared, the Banks County Board of Tax Assessors must first complete the revision and assessment of returns and forward the returns to the Banks County Tax Commissioner, who then prepares a digest and submits it to the Commissioner of the Georgia Department of Revenue for approval.
5. Pursuant to O.C.G.A. ß 48-5-302, the Banks County Board of Tax Assessors is charged with the duties of, among other things, completing a revision and assessment of the returns of taxpayers in Banks County each year.
6. In the year 2003, acting pursuant to its official duties conferred by law, the Banks County Board of Tax Assessors undertook reevaluation or reappraisal of real and personal property in Banks County.
7. Consequently, the tax digest has not been submitted to the Commissioner of the Georgia Department of Revenue for the year 2004.
8. The inability to obtain approval of the digest prohibits or prevents collections from being made and enforced on the digest, and also effectively prevents Petitioner and the Banks County Board of Education from setting a millage rate.
9. Although Petitioner has authorized and requested that the Banks County Tax Commissioner obtain from the Commissioner of the Georgia Department of Revenue an order allowing the Banks County Tax Commissioner to accept voluntary payments of 2004 ad valorem taxes on real and personal property based on 2003 tax amounts, this procedure is not available for ad valorem taxes on motor vehicles. Consequently, because a millage rate has not been set, the Banks County Tax Commissioner cannot determine the amount of 2005 ad valorem taxes on motor vehicles.
10. Unless the Court authorizes the immediate and temporary collection of 2005 ad valorem taxes due on motor vehicles, Petitioner will not be able (a) to pay the County’s debts as they mature; (b) pay appropriate salaries of employees, other government officials, and other persons entitled to receive either compensation by or funds from the County as provided by law; (c) maintain an orderly and normal function of county business and governmental affairs; (d) maintain an adequate, proper or desirable credit rating either to maintain or affect existing or future interest rates on bonded indebtedness on loans incurred or obligated by the county governing authority; and (e) avoid by practical means the suffering of immediate and irreparable injury, loss, or damage.
11. The last year in which Banks County had an approved tax digest as provided in Title 48 of the Official Code of Georgia Annotated was 2003.
12. By the filing of this petition, tax collections are currently sought for 2005 ad valorem taxes on motor vehicles.
13. Pursuant to O.C.G.A. ß 48-5-441, motor vehicles are a separate class of property. Pursuant to O.C.G.A. ß 48-5-442(a)(1), the Commissioner of the Department of Revenue prepares a uniform evaluation of all motor vehicles for use as the taxable value of motor vehicles.
14. In Banks County, no local act governs the time for payment of ad valorem taxes on motor vehicles, so pursuant to O.C.G.A. ßß 48-5-473, 48-5-440, and 40-2-21, ad valorem taxes on motor vehicles owned by natural persons domiciled in Banks County are due and payable beginning thirty-one days before the owner’s birthday, and such taxes must be paid by midnight on the birthday of the owner, and taxes for motor vehicles owned by entities other than natural persons are due and payable in a particular month depending on the beginning letter of the owner’s name.
15. Consequently, taxpayers with January birthdays can pay 2005 taxes on motor vehicles beginning in December.
16. Pursuant to O.C.G.A. ßß 40-2-23(a) and 48-5-475, Tax Commissioners are designated by Georgia Law as local tag agents for the purpose of accepting applications for the registration of motor vehicles. Consequently, the Banks County Tax Commissioner collects ad valorem taxes on motor vehicles located in Banks County.
17. Pursuant to O.C.G.A. ß 48-5-443, motor vehicles are taxed at the same millage rate as the previous calendar year. As a result, 2004 ad valorem taxes on motor vehicles should be based on the 2003 millage, but this millage has not been set.
18. Consequently, Petitioner asks that Petitioner and the Banks County Tax Commissioner be able temporarily and immediately to collect 2005 taxes on motor vehicles based on the 2003 millage rate and the current values provided by the Commissioner of the Department of Revenue. The millage rate for 2003 was as follows:
Banks County - Total 22.389
It is Petitioner’s intent that (a) taxpayers will be billed temporarily for 2005 ad valorem taxes based on the 2003 millage rate and the current value provided by the Georgia Department of Revenue, (b) after the digest is approved, Petitioner will set a millage for 2004, and taxpayers who have not yet paid 2004 ad valorem taxes on motor vehicles at that time will then pay based on the 2004 millage rate (as provided by law), and (c) taxpayers who have paid 2005 ad valorem taxes on motor vehicles will be entitled to apply in person at the Office of the Banks County Tax Commissioner for a refund, if one is owed, but will not be required to pay any additional tax owed.
19. Petitioner is entitled to an order authorizing the immediate and temporary collection of ad valorem taxes on motor vehicles and heavy equipment based on the current valuations provided by the Commissioner and the 2003 millage rate. The Court should also provide that, after the 2004 digest has been approved and the millage rate set, (a) taxpayers who have not yet paid 2005 ad valorem taxes on motor vehicles at that time will then pay based on the 2004 millage rate (as provided by law), and (b) taxpayers who have paid 2005 ad valorem taxes on motor vehicles will be entitled to apply in person at the Office of the Banks County Tax Commissioner for a refund, if one is owed, and will not be required to pay any additional tax owed.
20. The basis upon which Petitioner seeks to collect temporary taxes is reasonable method which will do substantial justice to the parties under the exigencies of all the circumstances.
21. Petitioner has inform-ed representatives of the Banks County Board of Education of Petitioner’s intention to file this Petition, and such representatives have indicated their approval of the filing of this Petition. Petitioner is informed that, if the Order requested in this Petition is not entered, then the Banks County School District will not be able (a) to pay the School District’s debts as they mature; (b) pay appropriate salaries of employees, other government officials, and other persons entitled to receive either compensation by or funds from the School District as provided by law; (c) maintain an orderly and normal function of school business and governmental affairs; (d) maintain an adequate, proper or desirable credit rating either to maintain or affect existing or future interest rates on bonded indebtedness on loans incurred or obligated by the School District’s governing authority (the Banks County Board of Education); and (e) avoid by practical means the suffering of immediate and irreparable injury, loss, or damage.
WHEREFORE, Petitioner respectfully requests that:
(a) The Court set a time and date for a hearing on this Petition, which hearing shall be no less than ten (10) days from the date of filing this Petition;
(b) The Court direct that Petitioner have the Petition published at least once prior to the hearing in The Banks County News, the official newspaper of Banks County for publication of official notices;
(c) The Court order that Petitioner post a copy of this Petition in a prominent place in the Banks County Courthouse;
(d) The Court Order that Revenue Commissioner of the Sate of Georgia be served with a copy of this Petition by overnight delivery service;
(e) The Court allow any interested parties to intervene for the purpose of opposing the issuance of an order allowing the immediate and temporary collection of taxes;
(f) After conducting a hearing, the Court enter an order authorizing the immediate and temporary collection of ad valorem taxes on motor vehicles and heavy equipment based on the current valuations provided by the Commissioner and the 2003 millage rate; and providing that, after the 2004 digest has been approved and the millage rate set, (1) taxpayers who have not yet paid 2005 ad valorem taxes on motor vehicles at that time will then pay based on 2004 millage rate (as provided by law), and (2) taxpayers who have paid 2005 ad valorem taxes on motor vehicles will be entitled to apply in person at the Office of the Banks County Tax Commissioner for a refund, if one is owed, and will not be required to pay any additional tax owed; and
(g) The Court order such other and further relief as the Court deems just and proper.
Respectfully Submitted this 21st day of October, 2004.
STEWART, MELVIN & FROST, LLP
By: s/ J. Randall Frost
J. Randall Frost
State Bar No. 278400
ATTORNEYS FOR PETITIONER
P. O. Box 3280
Gainesville, GA 30501
(770)536-0101
RESOLUTION AUTHORIZING THE FILING OF A PETITION AUTHORIZING THE IMMEDIATE COLLECTION OF MOTOR VEHICLE AD VALOREM TAXES FOR THE MONTHS OF JANUARY, FEBRUARY AND MARCH, 2005, AND UNTIL THE 2004 BANKS COUNTY TAX DIGEST IS APPROVED AND THE MILLAGE RATE IS ESTABLISHED BY THE BANKS COUNTY BOARD OF COMMISSIONERS.
WHEREAS, Banks County is authorized under the laws of the State of Georgia to levy and collect motor vehicle ad valorem property taxes; and
WHEREAS, as a result of reevaluation of property located in Banks County, the county’s 2004 tax digest is not ready for submission to the Georgia Department of Revenue for approval at this time; and
WHEREAS, the collection of motor vehicle ad valorem taxes that will come due in January, February, and March, 2005, and thereafter is available to Banks County pursuant to the authority granted by O.C.G.A. ß 48-5-310; and
WHEREAS, the Board of Commissioners of Banks County is desirous of seeking an order from the Superior Court of Banks County authorizing the immediate collection of motor vehicle ad valorem taxes that will come due until the 2004 Banks County tax digest is approved by the Georgia Department of Revenue; and
WHEREAS, in the absence of an order from the Superior Court of Banks County authorizing the immediate collection of motor vehicle ad valorem taxes that will come due until the 2004 Banks County tax digest is approved by the Georgia Department of Revenue, the citizens of Banks County cannot avoid by practical means the suffering of immediate and irreparable injury, loss, and damage, in that drivers of motor vehicles located in Banks County will not be able to pay motor vehicle ad valorem taxes and obtain the required sticker for a motor vehicle tag and thus be in violation of the law requiring a current sticker on a motor vehicle tag.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Banks County hereby authorizes the Banks County Attorney to file a petition in the Superior Court of Banks County seeking a court order that will allow for the immediate collection of motor vehicle ad valorem taxes that will come due until the 2004 Banks County tax digest is approved by the Georgia Department of Revenue based upon the millage rate for the various tax districts in Banks County according to the schedule attached as Exhibit “B”.
BANKS COUNTY BOARD OF COMMISSIONERS
By: s/ Kenneth Brady
Chairman
By: s/ Rickey Cain
Commissioner
By: s/ Pat Westmoreland
Commissioner
EXHIBIT “B”
BANKS COUNTY TEMPORARY MILLAGE RATES FOR VEHICLE TAX COLLECTIONS
Banks County - Total 22.389
CLERK’S CERTIFICATE
BANKS COUNTY, GEORGIA
I, the undersigned Clerk of the Board of Commissioners of Banks County, Georgia, DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of resolution #2004-26 that was adopted in a meeting of the Banks County Commissioners on October 15, 2004. The original has been duly recorded in the Resolution Book of said office, which is in my custody and control.
WITNESS my official hand and seal of the Board of Commissioners of Banks County this 15th day of October, 2004.
s/ Regina Gailey
Clerk
SEAL
SUPERIOR COURT OF
BANKS COUNTY
STATE OF GEORGIA
In the Matter of: The 2004 Tax Digest for Banks County, Georgia
Civil Action File No. 04CV396A
VERIFICATION
Personally appeared before the undersigned officer duly authorized to administer oaths, KENNETH BRADY, who, being duly sworn, states under oath that he is the Chairman of the Board of Commissioners of Banks County, and that the facts set forth in this Petition for an Order Authorizing the Immediate Collection of Motor Vehicle Taxes that will come due prior to the approval of the 2004 Banks County Tax Digest and the establishment of the current millage rate is true and correct to the best of deponent’s knowledge, information and belief, and that the Petition is authorized by the Board of Commissioners of Banks County.
This 15th day of October 2004.
s/ Kenneth Brady
Kenneth Brady, Chairman
Banks County Board of Commissioners
Sworn to and subscribed before me
this 15th day of October, 2004.
s/ Erin C. Decker
Notary Public Banks County Georgia
SUPERIOR COURT OF
BANKS COUNTY
STATE OF GEORGIA
In the Matter of: The 2004 Tax Digest for Banks County, Georgia
Civil Action File No. 04CV396A
RULE NISI ORDER
The Board of Commission-ers of Banks County, Georgia, having filed a Petition for Order Authorizing the Immediate and Temporary Collection of Ad Valorem Motor Vehicle Taxes (the “Petition”) pursuant to O.C.G.A. ß 48-5-310, and for good cause shown;
IT IS HEREBY ORDERED that, pursuant to O.C.G.A. ß 48-5-310(c), a hearing on the Petition shall be held in the Courtroom of the Banks County Courthouse in Homer, Georgia, on the 3rd day of November, 2003, beginning at 10 o’clock a.m.
IT IS FURTHER ORDERED that the Banks County Board of Commissioners shall cause the Petition and this Order to be published in The Banks County News (the official newspaper of Banks County, Georgia for publication of official notices.
IT IS FURTHER ORDERED that the Banks County Board of Commissioners post a copy of the Petition in a prominent place in the Banks County Courthouse before the date of the hearing.
IT IS FURTHER ORDERED that the Banks County Board of Commissioners shall serve by overnight delivery the Commissioner of the Georgia Department of Revenue with a copy of the Petition and this Order.
IT IS FURTHER ORDERED that, before the hearing, any interested party may intervene for the purpose of opposing the issuance of an order allowing the immediate and temporary collection of taxes as requested in the Petition.
SO ORDERED, this 21st day of October, 2004.
s/David Motes
JUDGE, SUPERIOR COURT
PIEDMONT JUDICIAL CIRCUIT
Submitted by:
STEWART, MELVIN & FROST, LLP
By: s/ J. Randall Frost
J. Randall Frost
State Bar No. 278400
P. O. Box 3280
Gainesville, GA 30503
(770)536-0101
SUPERIOR COURT OF
BANKS COUNTY
STATE OF GEORGIA
In the Matter of: The 2004 Tax Digest for Banks County, Georgia
Civil Action File No. 04CV396A
CERTIFICATE OF SERVICE
This is to certify that I have this day served a true and correct copy of the within and foregoing Petition for an Order Authorizing the Immediate and Temporary Collection of Ad Valorem Motor Vehicle Taxes and Rule Nisi Order upon the Revenue Commissioner of the State of Georgia by overnight delivery service and addressed as follows:
The Honorable Bart L. Graham
Commissioner of Revenue
State of Georgia
1800 Century Center Blvd., NE
Suite 15300
Atlanta, Georgia 30345-3205
This 21st day of October, 2004.
STEWART, MELVIN & FROST, LLP
By: J. Randall Frost
State Bar No. 278400
ATTORNEY FOR PETITIONER
P.O. Box 3280
Gainesville, GA 30501
(770)536-0101
(OC27B/69 31000)

Public Hearing
STATE BOARD MEMBER TO HOLD PUBLIC HEARING NOVEMBER 4, 2004
Mrs. Pat Biggerstaff to Host
State Board of Education
Ninth District Public Hearing
The State Board of Education will hold a public hearing for citizens in the Ninth Congressional District on Thursday, November 4, 2004. The meeting will be held from 7:00-8:00 p.m. at Stephens County Middle School, 6270 Roselane, Toccoa. The purpose of the hearing is to receive comments from citizens and educators regarding public education in the district. Persons wishing to speak may sign in upon arrival. Mrs. Pat Biggerstaff, the Board’s Ninth District representative, will conduct the hearing. For more information contact Ms. Lynn Roberts at 404-657-7410 or by e-mail: lroberts@doe.k12.ga.us or contact Mrs. Biggerstaff at (706)359-3353.
The Georgia Department of Education does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services or activities. Individuals who need assistance or auxiliary aids for participation in this public forum are invited to make their needs known to Ms. Lynn Roberts, Georgia Department of Education at (404)657-7410.
Peggy Guice
Office of Policy and External Affairs
Georgia Department of Education
205 Jesse Hill Jr. Dr., Suite 2062
Atlanta, GA 30334
404-463-1543
(OC20,27B/269 3000)

Citation
Probate Court of
Banks County
IN THE MATTER OF Matasyn Jade Hall, Minor
RE: Petition of Joseph J. Lloyd for Appointment as Temporary Guardian of the Person
TO: Cristie Hall and Corey Dodd
All objections to the Petition described above must be in writing, setting forth the grounds of any such objection, 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 13 day of October, 2004.
WITNESS the Honorable Betty Thomas
By: Kathy Hill, Clerk of the Probate Court
(OC20,27P2)

Notice of Adoption and Termination of Parental Rights
State of Georgia
County of Banks
Notice of Publication
In the Superior Court of Banks County, State of Georgia
IN RE: John O’Neal Roberts for adoption of Liberty Fallon Edwards, a minor child, date of birth June 24, 2000
TO: Justin Keith Glenn
Pursuant to Order of this Court dated October 12, 2004, you are hereby notified that on September 30, 2004, a petition for adoption and a motion to terminate parental rights was filed in this Court by the adoptive parent of the above-named child asking the Court to terminate your parental rights to the above-named child.
You will lose all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, you file a petition to legitimate the child pursuant to Code Section 19-7-22 and notice of the filing of the petition to legitimate with the Office of the Clerk of Superior Court of Banks County, Georgia, and with the petitioner’s attorney, Donna Golden Sikes, P.O. Box 856, Jefferson, Georgia 30549.
Tim Harper, Clerk
Banks County, Georgia Superior Court
(OC20,27,NV3B259 4800)

Divorce Notice
In the Superior Court of
Banks County
State of Georgia
Daniel Blaine Leslie, Plaintiff vs. Deanna Renae Browder Leslie, Defendant
Civil Action File No.: 04CV360B
Notice of Publication
TO: Deanna Renae Browder Leslie
202 Crocker Road
Alto, Georgia 30510
By order of the court for service by publication dated September 27, 2004, you are hereby notified that on the 27 day of September, 2004, DANIEL BLAINE LESLIE, filed suit against you for divorce. You are required to file with the Clerk of the Superior Court, and to serve upon Plaintiff’s attorney, David C. Jones, Jr., P.O. Box 295, Homer, Georgia 30547, an answer in writing within sixty (60) days of September 27, 2004.
Witness, the Honorable Joseph H. Booth, Judge of Banks County Superior Court.
This 27 day of September, 2004.
Tim Harper
Clerk, Superior Court of Banks County, Georgia
(OC20,27,NV3,10P4)

Foreclosure Notice
Foreclosure of Right
to Redeem
TO: BRANDI LENA REED and any other person who may have an interest in the property described below:
Take Notice that:
The right to redeem the following described property, to-wit:
All of that tract or parcel of land situate, lying and being in the 912th G.M.D. of Banks County, Georgia, designated as Lot #2, containing 1.00 acre, being more particularly described in a plat of reference for Gateway Homes, recorded in Plat Book 20, Page 110, Banks County Land Records. Said tract of land is also known as Map and Parcel #67-094A, Banks County Tax Assessors Office.
will expire and be forever foreclosed and barred on and after the 10th day of December, 2004.
The tax deed to which this notice relates is dated the 4th day of February, 2003, and is recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Deed Book 208, Page 681 and re-recorded in Deed Book 208, Page 737 of the public records of Banks County, Georgia.
The property may be redeemed at any time before the 10th day of December, 2004, by payment of the redemption price as fixed and provided by law to the undersigned at the following address:
Eugene T. Martin and Eugene T. Martin, II
140 Shady Grove Road
Homer, Georgia 30547
Please be governed accordingly.
/s/Eugene T. Martin
/s/Eugene T. Martin, II
(OC27,NV3,10,17P4)


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