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LEGAL PAGE - DECEMBER 29, 1999 - HOMER, GA

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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
State of Georgia
County of Banks
Under and by virtue of the Power of Sale in Deed from Donald Ivey and Ella Ivey to Kenneth W. Robinson, Grantee, dated April 3, 1996, and recorded in Deed Book 105, Page 301, of the Banks County, Georgia Records, said Security Deed having been given to secure a Promissory Note dated April 3, 1996, in the original principal amount of $16,000.00, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on the first Tuesday in January, 2000, to-wit, January 4, 2000, to the highest and best bidder for cash the property described in Exhibit "A" attached hereto and incorporated herein by reference as a part hereof.
The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of nonpayment of principal and interest 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 Donald Ivey and Ella Ivey and said property will be sold as the property of Donald Ivey and Ella Ivey subject to outstanding ad valorem taxes, and easements and restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as provided in the Security Deed.
Kenneth W. Robinson, as Attorney-in-Fact for Donald Ivey and Ella Ivey
Whelchel & Dunlap, LLP
Post Office Box 1
Gainesville, GA 30503
Exhibit "A"
All that tract or parcel of land, lying and being in Land Lot 220 of the 10th Land District of Banks County, Georgia, and being all of Lot 10 of Hidden Valley Subdivision, as shown on Subdivision Plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as a part of this description.
This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990, and recorded in Deed Book 59, Pages 450-454 of the Banks County Records, and subject to Building Setback Lines as shown on the above-referenced Subdivision Plat.
(DC8,15,22,29B/1016 5000)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Barbara Marie A. Reed and Toby Scott Edwards to Equicredit Corporation of Georgia dated December 8, 1997, and recorded in Deed Book 123, Page 632, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to U.S. Bank National Association, f/k/a First Bank National Association, Tr U/A DTD 05/01/98 (EQCC Home Equity Loan Trust 1998-1) by assignment securing a Note in the original principal amount of $63,000.00, the holder thereof pursuant to said Deed and 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, January 4, 2000, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in Land Lots 185 and 186 of the 10th Land District of Banks County, Georgia, formerly in Habersham County, Georgia, being known and designated as Lot 19, Block 30, in the Town of Baldwin, consisting of 0.694 acres, all as more fully shown by Plat of Survey by North-Central Land Surveying, dated March 9, 1993, recorded in Plat Book 17, Page 230, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description.
Said property is known as 780 Willingham Street, Baldwin, GA 30511, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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.
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 attorney's fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Barbara Marie A. Reed and Toby Scott Edwards, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Barbara Marie A. Reed and Toby Scott Edwards, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
U.S. Bank National Association, F/K/A First Bank National Association, Tr U/A DTD 05/01/98 (EQCC Home Equity Loan Trust 1998-1), as Attorney-in-Fact for Barbara Marie A. Reed and Toby Scott Edwards
File no. 99-3563
L.J. Swertfeger, Jr.
Shapiro & Swertfeger
Attorneys and Counselors at Law
3300 Northeast Expressway
Suite 5-C
Atlanta, Georgia 30341-3941
(770) 220-2730/cc
The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(DC8,15,22,29INV)

Notice
Georgia, Banks County
Probate Court
The petition of Eunice Tucker Sheriff, for a year's support from the estate of John Malcolm Sheriff, 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 January 3, 2000, 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 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 Honorable Milton L. Dalton, Judge
By: Kathy Hill, Clerk, Probate Court of Banks County
(DC8,15,22,29P4)

Notice
Georgia, Banks County
Probate Court
Linda B. Purcell and Donald Purcell have petitioned for grant of certain powers contained in O.C.G.A. §53-12-232 to the co-executors of the estate of Conrad A. Boling, deceased. 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 January 3, 2000. If any objections are filed, a hearing will be scheduled for a later date. If no objections are filed, the petition may be granted without a hearing.
Kathy Hill, Clerk of the Probate Court
(DC8,15,22,29P4)

Wilson Estate
Notice to Debtors
and Creditors
Georgia, Banks County
All creditors of the Estate of Anne Grace Jones Wilson, deceased, late of Banks County, 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.
This 1st day of December, 1999.
Christine Harris, Reba Nelle Jones and Sarah Justus, Co-administrators of the Estate of Anne Grace Jones Wilson
c/o R. Thad McCormack, P.C.
311 Green Street, Suite 101
Gainesville, GA 30501
(DC8,15,22,29P4)

Advertisement
for Bids
Advertisement for Bids for Construction of Sewerage System Improvements
Racetrack WPCP Expansion
for the Banks County
Board of Commissioners
Sealed proposals will be received by the Banks County Board of Commissioners at the Banks County Commission Office, until 2:00 p.m. local time January 20, 2000 at which time and place they will be publicly opened and read. No submitted bid may be withdrawn after the scheduled closing time for receipt of bids for a period of ninety (90) days.
All Bidders must have a State of Georgia Utility Contractors License and must employ a state "Utility Manager" certificate holder who will have oversight of all the work.
Work to be done: The work to be done consists of furnishing all materials, equipment and labor for the construction of:
Expansion of an existing influent raw sewage pump station, modifications to an existing aerated pond, construction of a new aerated pond, modification to an existing holding pond, construction of an effluent pump station, construction of spray irrigation field complete with force main, distribution lines, sprinkler risers and appurtenances.
Proposals for the complete work in one general contract shall be made on the proposal form provided and shall contain prices in words and figures for the work bid on.
All proposals shall be accompanied by a Bid Bond drawn in favor of the Banks County Board of Commissioners, in the amount of at least ten percent (10%) of the lump sum bid for the complete work; such Bid Bond representing that the Bidder, if awarded the contract, will promptly enter into a contract and furnish Performance Bond and Payment Bond as provided by law and approved by the Attorney for the Banks County Board of Commissioners. Each bond shall be equal to one hundred percent (100%) of the contract amount. The Bid Bond shall be forfeited to the Banks County Board of Commissioners as liquidated damages if the Bidder fails to execute the contract and provide Performance and Payment Bonds within ten (10) days after being notified that he has been awarded the contract.
Drawings and Specifications are open to public inspection at the office of the Banks County Board of Commissioners; at the office of G. Ben Turnipseed Engineers, Inc., in Atlanta, Georgia; and the Dodge Plan Room in Atlanta and the Construction Market Data in Atlanta, Georgia.
Copies of the plans and specifications may be obtained from G. Ben Turnipseed Engineers, Inc., 2255 Cumberland Parkway, Building 400, Atlanta, Georgia 30339, upon receipt of the following amounts:
Specifications, $100.00; Plans, $250.00; Reduced Drawings Available (Extra Set), $250.00
Upon receipt of all documents in undamaged condition within thirty (30) days after the date of opening of bids, one-half of the deposit will be refunded.
The difference between the deposit and the amount refunded represents the cost of reproductions. No refund will be made for documents received after thirty (30) days or in damaged condition.
The Owner reserves the right to reject any or all bids and to waive informalities.
Banks County Board of Commissioners
By: James C. Dumas Sr., Chairman
(DC22,29,JA5,12,19B/069 6000)

Public Notice
In accordance with the Chemical Safety Information, Site Security and Rules Regulatory Act (PL 106-40) Fieldale Farms Corporation, will participate in a public meeting to describe and discuss the local implications of our Risk Management Plan including a summary of the off-site consequences analysis. This meeting will be held at the Northeast Georgia Regional Library located at E. Green Street, Clarkesville, Ga. on January 5, 2000, at 4:00 p.m. All interested parties are invited to attend.
(DC29B/502 1000)


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