Banks County Legal Advertisements...

NOVEMBER 17, 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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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)

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)

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)

O’Dell Estate
Georgia, Banks County
Probate Court
The petition of Janice L. O’Dell, for a year’s support from the estate of Gaines Medley O’Dell, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before December 6, 2004, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any objections, and must be filed on or before the time stated in the preceding sentence. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
WITNESS, the Hon. Betty Thomas, Judge
By: Kathy Hill, Clerk of the Probate Court of Banks County
(NV10,17,24,DC1B/071)

White Estate
The petition of James Garner White, for a year’s support from the estate of Laura June White, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before December 6, 2004, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any objections, and must be filed on or before the time stated in the preceding sentence. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
WITNESS, the Hon. Betty Thomas, Judge
By: Kathy Hill, Clerk of the Probate Court of Banks County
(NV10,17,24,DC1P4)

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 Sallie M. Turner to Wells Fargo Home Mortgage, Inc., dated July 31, 2003, recorded in Deed Book 221, Page 428, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND NINE HUNDRED EIGHTEEN AND 0/100 DOLLARS ($68,918.00), 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 December, 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 Sallie M. Turner or a tenant or tenants and said property is more commonly known as 211 Stevens Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A. sbm Wells Fargo Home Mortgage, Inc. as Attorney-in-Fact for Sallie M. Turner
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/lw1 12/7/04
Our file no. 5627704-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, containing 2.00 acres, more or less, as shown on a plat of survey entitled “Survey for Katie Chambers and James Chambers” prepared by Ingram, Lord & Associates, certified by Barry D. Lord, Georgia Registered Surveyor No. 2641, dated August 25, 1996, and being of record in the Office of the Clerk of Superior Court for Banks County, Georgia in Plat Book 23, Page 124, Banks County Records, which plat is made a part hereof by reference and being improved property known as 211 Stevens Road, Commerce, Georgia 30547, according to the present system of numbering property in Banks County, Georgia.
Tax Map/Parcel: 19 7 F
(NV10,17,24,DC1B/3642 6000)

Notice of Public Hearing
The Northeast Georgia Housing Authority has developed a Comprehensive Agency Plan in compliance with the Quality Housing and Work Responsibility Act of 1998. The Plan will be available November 15, 2004, for public review and comment at the Northeast Georgia Housing Authority’s administrative office at 605 South Pond St., Toccoa, GA.
In addition, a public hearing will be held at 605 South Pond St., Toccoa, GA on January 3, 2005, at 3:00 PM, for public input and consideration by the Northeast Georgia 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
(NV17,DC15B/805PO20878 2000)

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 Michael Dwayne Sheridan and a/k/a M. Dwayne Sheridan to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean, & Whitaker Mortgage Corp., dated November 12, 2002, recorded in Deed Book 203, Page 38, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FIVE THOUSAND AND 0/100 DOLLARS ($85,000.00), 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 December, 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 Michael Dwayne Sheridan or a tenant or tenants and said property is more commonly known as 466 Mount Sinai Road, 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 Michael Dwayne Sheridan and a/k/a M. Dwayne Sheridan
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/krf 12/7/04
Our file no. 51828204-FT1
EXHIBIT “A”
All that lot, tract, or parcel of land, together with improvements thereon, lying and being in GMD 912 of Banks County, Georgia, containing 2.538 acres, as shown on the individual plat of survey prepared for M. Dwayne and Toni J. Sheridan by Roy A. Terrell, Georgia Registered Land Surveyor, dated October 11, 1997, recorded in Plat Book 22, Page 127 of the Banks County, Georgia Plat Records. Reference to said plat and the record hereof is hereby made for a more complete description of said property.
Also conveyed is a 2000 Fleetwood Heritage mobile home with Serial Number GAFLY05AB29710-HE12 which is permanently affixed to the above described realty.
Also conveyed is a non-exclusive, perpetual easement for ingress and egress as shown on the above referenced plat of survey.
(NV10,17,24,DC1B/3642 6000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from Anthony B. Truelove, Sr. to Southtrust Mortgage Corporation d/b/a Equibanc Mortgage, dated September 7, 2001, recorded in Deed Book 182, Page 260, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($140,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bankers Trust Company, as Trustee, 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 December 2004 the following described property:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, and being 4.53 acres, and more fully described as Lots 6 and 7 of property of Larry S. Thurmond, as shown on that plat of survey recorded in Plat Book 15, Page 83, of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more complete description of the property.
Said property is commonly known as 926 Brewer Road, Lula, GA 305544104.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Anthony B. Truelove, Sr. or tenant(s).
DEUTSCHE BANK TRUST COMPANY AMERICAS, FKA BANKERS TRUST COMPANY, AS TRUSTEE as Attorney-in-Fact for ANTHONY B. TRUELOVE, SR.
Contact: William Musgrove (ext. 1538)
Morris, Schneider & Prior, L.L.C.
1587 Northeast Expressway
Atlanta, GA 30329
(770) 234-9181
MSP File No. 382.0304725\-WRM
Site: www.foreclosures.ms-plaw.com
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV10,17,24,DC1B/3641 5000)


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)
Westmoreland Estate
Notice to Debtors
and Creditors
State of Georgia
County of Jackson
IN RE ESTATE OF Bobby R. Westmoreland
All creditors of the Estate of Bobby R. Westmoreland, 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 5th day of November, 2004.
Pamela W. Craven, Executor
P.O. Box 609
Commerce, GA 30529
(NV17,24,DC1,8P4)

Coffee Estate
Notice to Debtors
and Creditors
All creditors of the Estate of TROY 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 TROY COFFEE, deceased
M. KEITH YORK
KIMZEY, KIMZEY & YORK
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(NV17,24,DC1,8B/1326 1000)

Inc. Notice
Notice is given that Articles of Incorporation which will incorporate Clear View Tree Consultants, LLC will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code (O.C.G.A. § 14-2-210.1). The initial registered office of the corporation is located at 145 Sullivan Drive, Homer, Georgia 30547, and the initial registered agent at such address shall be Duane Keith Truslow.
(NV10,17P2)


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