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LEGAL PAGE - AUGUST 25, 1999 - HOMER, GEORGIA

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.



Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed to Secure Debt executed and delivered by Retha Earline Simmons to Community Bank and Trust-Jackson, dated October 31, 1995, and recorded in Deed Book 101, Pages 65-68, Office of the Clerk of Superior Court of Banks County, Georgia; securing sums in the original principal amount of $190,000.00, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse Door in Banks County, Georgia, by the undersigned, acting as Attorney-in-Fact for the said Retha Earline Simmons, as provided in said Deed to Secure Debt, between the hours of 10:00 a.m. and 4:00 p.m. Eastern Time, on the first Tuesday in September 1999, to-wit: September 7, 1999:
All that tract or parcel of land lying and being in the 1464th and 465th Districts G.M., Banks County, Georgia, and containing 20.00 acres, more or less, as shown on a Plat of Survey prepared for Jerry Anderson by James M. Paul, Registered Surveyor, dated December 16, 1994, said Plat being recorded in Plat Book 19, Page 153, 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. Said parcel is bounded on the North by County Road 203 and Anderson; on the East by Anderson; on the South by Vantress Farms and Wood; and on the West by Simmons.
The debt secured by said Deed to Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of Retha Earline Simmons, by the undersigned, as Attorney-in-Fact for the said Retha Earline Simmons.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney's fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any shall be applied as provided in said Deed to Secure Debt. Proper conveyance will be made to the purchaser at the said sale by the undersigned acting as Attorney-in-Fact for the said Retha Earline Simmons.
To the best knowledge, information, and belief of Community Bank and Trust-Jackson, the premises are occupied by Retha Earline Simmons.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated:
"This document is an attempt to collect a debt and any information obtained will be used for that purpose." [15 U.S.C. Section 1692e(11).]
This 4th day of August, 1999.
Community Bank and Trust-Jackson
By: Elton Collins, President, as Attorney-in-Fact for Retha Earline Simmons
Gregory M. Perry
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(AU11,18,25,SE1P4)

Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed to Secure Debt executed and delivered by Retha Earline Simmons to Community Bank and Trust-Jackson, dated October 31, 1995, and recorded in Deed Book 101, Pages 69-73, Office of the Clerk of Superior Court of Banks County, Georgia; securing sums in the original principal amount of $190,000.00, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse Door in Banks County, Georgia, by the undersigned, acting as Attorney-in-Fact for the said Retha Earline Simmons, as provided in said Deed to Secure Debt, between the hours of 10:00 a.m. and 4:00 p.m. Eastern Time, on the first Tuesday in September 1999, to-wit: September 7, 1999:
All that tract or parcel of land, containing 5.53 acres, more or less, in the 1464th District, G.M., of Banks County, Georgia, on Segars Road; bounded now or formerly as follows: North by Segars Road; East by Segars Road and by lands of Charles Reece; South by lands of Wood; and West by lands of Dwayne E. Reece. Said tract of land, being more particularly described according to a Plat of Survey prepared by Jimmy D. Bullock, Surveyor, on the 11th day of December, 1987, which plat, recorded in Plat Book 16, Page 23, 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, being in default, said powers contained therein will be exercised and the land will be sold as property of Retha Earline Simmons, by the undersigned, as Attorney-in-Fact for the said Retha Earline Simmons.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney's fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any shall be applied as provided in said Deed to Secure Debt. Proper conveyance will be made to the purchaser at the said sale by the undersigned acting as Attorney-in-Fact for the said Retha Earline Simmons.
To the best knowledge, information, and belief of Community Bank and Trust-Jackson, the premises are occupied by Retha Earline Simmons.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated:
"This document is an attempt to collect a debt and any information obtained will be used for that purpose." [15 U.S.C. Section 1692e(11).]
This 4th day of August, 1999.
Community Bank and Trust-Jackson
By: Elton Collins, President, as Attorney-in-Fact for Retha Earline Simmons
Gregory M. Perry
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(AU11,18,25,SE1P4)

Notice of Sale
State of Georgia
County of Banks
Under and by virtue of the Power of Sale in a certain Deed to Secure Debt from Tim and Lisa Williamson, Grantor(s) to Somma Investments, Inc., Grantee, dated August 15, 1994; recorded in Deed Book 91, Pages 31-33, Banks County, Georgia Records; said Deed to Secure Debt having been given to secure a promissory note dated August 15, 1994, in the original principal amount of $12,466.65, there will be sold by the undersigned at a public outcry, during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on the first Tuesday of September 1999, to-wit September 7, 1999, to the highest and best bidder for cash, the following described property:
All that tract or parcel of land lying and being in the 284th GMD of Banks County, Georgia, containing 3.31 acres, and being more particularly described as beginning at an iron pin located at the intersection of the centerline of an unpaved County Road 107 with the southerly right of way line of Hawkins Road (60'R/W); thence proceeding along the centerline of the unpaved County Road 107 in a generally southerly direction and following the curvatures thereof a distance of 1,279.00 feet to an iron pin which is the True Point of Beginning; thence South 80° 12' 26" East a distance of 454.51 feet to an iron pin; thence North 2° 05' 48" East a distance of 138.48 feet to an iron pin; thence South 55° 44' 13" East a distance of 612.73 feet to an iron pin; thence South 39° 31' 07" West a distance of 371/83 feet to an iron pin; thence North 31° 38' 54" West a distance of 499.47 feet to an iron pin; thence North 80° 12' 26" East a distance of 500.00 feet to an iron pin; thence North 19° 23' 34" East a distance of 40.00 feet along the centerline to an iron pin which is the True Point of Beginning.
The street address of the property is Hawkins Road.
The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of default in payment of installments pursuant to the terms of said Deed to Secure Debt and Note. 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 the Deed to Secure Debt and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to Secure Debt including attorney's fees, and the remainder if any shall be applied as provided by law.
To the best of the undersigned's knowledge and belief the property is in the possession of Tim and Lisa Williamson and said property will be sold as the property of Tim and Lisa Williamson, subject to outstanding ad valorem taxes, street improvements, and easements or restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as provided in the Deed to Secure Debt.
Somma Investments, Inc., as Attorney-in-Fact for Tim and Lisa Williamson.
Kerry S. Doolittle
Attorney at Law
P.O. Box 949
Watkinsville, Georgia 30677
(706) 769-0591
(AU11,18,25,SE1INV)

Notice of Sale
Notice of Sale Under Power
By virtue of the Power of Sale contained in a Deed to Secure Debt by James Lamar Cochran to Associates Financial Services of America, Inc., dated June 4, 1998, and filed for record June 9, 1998, in Deed Book 126, Page 633, Banks County, Georgia Records, there will be sold at 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, 1999, by Associates Financial Services of America, Inc., as Attorney-in-Fact for James Lamar Cochran, 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 661 Ridgeway Road, Maysville, GA 30558-0436.
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 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 James Lamar Cochran.
Associates Financial Services of America, Inc., as Attorney-in-Fact for James Lamar Cochran
Shuping, Morse & Ross, L.L.P.
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"
The 465th G.M. District, Banks County, Georgia, and more particularly described as follows: Commencing at an iron pin North 8 degrees 38 minutes West 196 feet from the Southwest corner of that certain tract of land belonging to Mrs. Addie C. Cochran recorded in Deed Book EE, Page 466, of the Clerk of Superior Court, Banks County, Georgia. Thence running North 82 degrees 00 minutes East 100 feet to an iron pin; thence North 8 degrees 38 minutes West 217.8 feet to an iron pin; thence South 82 degrees 00 minutes West 100 feet to an iron pin; thence South 8 degrees 38 minutes East 217.8 feet to an iron pin and the beginning corner. Bounded on South by Ridgeway - Maysville Road, East by lands of Mrs. Addie C. Cochran; North by lands of Mrs. Addie C. Cochran; and West by lands of Pittman.
(AU11,18,25,SE1B/119 5000)

Notice of Sale
Georgia, Banks County
By virtue of the power set forth in a certain Security Deed given by Henry Grady Lord Jr., a/k/a Grady Lord Jr. dated December 30, 1998, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Deed Book 18-Y, Pages 570-572, Jackson County Records, and in Banks County Records in Deed Book 138, Pages 648-650; there will be sold before the Courthouse Door in said County during the legal hours of sale on September 7, 1999, the following described property, to-wit:
Tract One: All that tract or parcel of land and improvements thereon lying and being approximately 1/4 mile West of U.S. Highway 441 on the North side of Ridgeway Road in the 208 G.M. District of Banks County, Georgia containing 0.99 acre and being more particularly described as follows: Beginning at the southeast corner of the tract herein described which joins the southwest corner of property of Gerald L. Sheridan; thence in a counterclockwise direction North 24 degrees East 2.62 chains to an iron pin; thence in a counterclockwise direction North 53 degrees East 1.00 chain to an iron pin; thence in a counterclockwise direction North 8 degrees West 1.48 chain to a rock; thence in a counterclockwise direction South 75 degrees West 4.28 chains to a rock; thence in a counterclockwise direction South 5 degrees West 1.48 chains to an iron pin; thence in a counterclockwise direction North 67 degrees East 2.93 chains to an iron pin on the West side of a road; thence along the road South 11 1/2 degrees West 2.85 chains to an iron pin on the North side of Ridgeway Road; thence along Ridgeway Road South 77 1/2 degrees East to the point of beginning.
The property described herein is the same as that encompassed within the boundaries of a Plat of Survey prepared by H.G. Prickett, Surveyor, dated October 14, 1968 and recorded at Plat Book 3, Page 146, Banks County, Georgia Records, Less and Except that 0.47 acre conveyed to Carolyn S. Wilson from Howard Sheridan by Warranty Deed dated September 14, 1971, and recorded at Deed Book XX, Page 43, Banks County, Georgia Records.
Tract Two: All that tract or parcel of land situate in the 255th District of Jackson County, Georgia, containing 133.12 acres, more or less, more particularly described according to Plat prepared by James D. Barrett, Surveyor, on August 9, 1962, recorded in Clerk's Office of Jackson Superior Court in Plat Book 3, Page 483. Bounded on the North by lands of Wilson and Belliue, on the East by lands of Leachman and Braezeale, on the South by lands of Wheeler and Blacktop Road in part, on the West by lands of Wilson and Dye. Said lands being formerly in three tracts and known as the Blalock property. For a more detailed description to said tract, reference is made to said Plat as recorded.
The debt secured by said deed was and is represented by one note of even date herewith for $537,820.89 and payable with respect to principal and interest as therein provided, together with an installment of other charges, such as taxes, hazard insurance, interest, late charges, if any, and attorney's fees as provided in said security deed. Default having occurred in respect to installments of principal and interest and other charges provided for in said installment, Regions Bank has elected to declare the entire debt due and payable and the power of sale in said deed operative. The proceeds of said sale will be applied to the payment of principal and interest and to the other charges due and collectable under the terms of said deed and note and including attorney's fees as provided in said deed and note and the surplus, if any, will be paid to those entitled thereto as provided for in said Security Deed. To the best of the undersigned's knowledge, information and belief, equitable title to this property is held by Henry Grady Lord Jr., a/k/a Grady Lord Jr.
Regions Bank, as Attorney-in-Fact for Henry Grady Lord Jr., a/k/a Grady Lord Jr.
706-367-5264
Davidson, Hopkins & Booth, Attorneys
Jefferson, Georgia 30549
(AU11,18,25,SE1B/251 8000)

Notice
Georgia, Banks County
Probate Court
Mary Ann Garrard has petitioned to be appointed Administrator of the estate of Robert C. Garrard III, 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, 1999. 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.
Milton L. Dalton, Judge of the Probate Court
By: Kathy Hill, Clerk of Probate Court
(AU11,18,25,SE1P4)

Divorce Notice
Notice of Publication
In the Superior Court
of Banks County
State of Georgia
Eleanor F. Wood, Plaintiff vs. Charles W. Wood, Defendant
Civil Action No. 99CV249A
To: Charles F. Wood
By Order of the Court for Service by Publication dated August 10, 1999, Eleanor Wood 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, Donna Avans, an answer in writing within sixty (60) days.
Witness, the Honorable Robert W. Adamson, Judge, Superior Court of Banks County, Georgia.
This 10th day of August, 1999.
Timothy A. Harper, Clerk of Superior Court, Banks County, Georgia
Donna Avans
P.O. Box 534
Jefferson, GA 30549
706-367-2799
(AU18,25,SE1,8P4)


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