Newspaper Page Text
PAGE 6B
i FORSYTH COUNTY NEWS Wednesday, December 17, 2003
LEGALS from Page SB
ment over the above-described property
for electric transmission purposes. You
should be present at a Special Master’s
Hearing on the 23rd day of December,
2003, at 1:30 o'clock, P.M., at the fol
lowing location:
(Building) Forsyth County Courthouse
(St. Address)loo Courthouse Square
(Room/Suite) Courtroom 2
(City I State) Cumming,
Georgia 30040
to make known your interest in or claim
against said property, the fair market
value of your interest or claim, and any
other matters that are relevant to these
proceedings.
[s] Douglas Sorrells
Clerk, Forsyth County Superior Court
L461,12/17
CITATIONS
NOTICE TO DEBTORS AND
CREDITORS
STATE OF GEORGIA
COUNTY OF FORSYTH
All creditors of the Estate of TROY ELVA
HARDIN, JR., late of Forsyth 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 the under
signed.
This 31 day of October, 2003.
By:/s/JOHN PHILIP HARDIN
Executor of the Estate of Troy Elva
Hardin, Jr.
9224 Weston Drive
Brentwood, TN 37027
L301,11/26,12/3, 10,17
' NOTICE TO DEBTORS AND
CREDITORS
All creditors of the Estate of Charles
Freeman Jaynes, late of Forsyth
County, Georgia, deceased, are hereby
notified to render an account of their
demands to the undersigned according
to law, and all persons indebted to said
Estate are hereby required to make
immediate payment.
This 18th day of November, 2003.
Ada B. Jaynes.
Executor U/W Charles Freeman Jaynes
Putnam C. Smith, Esq.
Lipscomb, Johnson, Sleister, Dailey &
Smith, LLP
112 North Main Street
Cumming, Georgia 30040
Telephone: 770-887-7761
L302,11/26,12/3,10,17
NOTICE TO DEBTORS AND
CREDITORS
All creditors to the estate of Martha Lee
Robbs, late of Forsyth County, Georgia,
are hereby notified to render in their
demands to the undersigned according
to the law all persons indebted to the
said estate are required to make imme
diate payment.
This 7th day of November, 2003.
Barry P. Bettis, Executor
Estate of Martha Lee Robbs
Barry P. Bettis, Executor
7411 Campground Road
Cumming, GA 30040
L303,11/26,12/3,10,17
NOTICE TO DEBTORS AND
CREDITORS
All creditors of the estate of DAVID W.
ELLISON, late of Forsyth County,
deceased, 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.
Dated: November 17, 2003.
DELORES SIZEMORE ELLISON
Co-Executor
3105 Bethelview Road
Cumming, Georgia 30040
DOUGLAS COOPER
Co-Executor
5502 Rosser Road
Stone Mountain, Georgia 30087
Joe W. Gerstein
Attorney at Law
6485 Peachtree Ind. Blvd
Doraville, Georgia 30360
770-458-7606
L304,11/26,12/3,10,17
NOTICE TO DEBTORS AND
CREDITORS
All creditors to the estate of Ruby Mae
Pierce late of Forsyth County, Georgia,
are hereby notified to render in their
demands to the undersigned according
to the law all persons indebted to the
said estate are required to make imme
diate payment.
This 17 day of November, 2003.
Charles L. Pierce Jr.,
Executor/Administrator
Estate of Ruby Mae Pierce
1750 Carlton Drive, Cumming, GA
30040
L305,11/26,12/3,10,17
’ NOTICE TO DEBTORS AND ’" ’
CREDITORS
All creditors to the estate of HAROLD
ARNOLD WILLIAMS, late of Forsyth
County, Georgia, deceased, 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.
This 17th day of November, 2003.
Joni Williams Stratton
Co-Executrix of the estate of
Harold Arnold Williams; 6915 Crossview
Circle; Cumming, GA 30041
Jancy Williams Kimbrough; 3827
Meeting Street; Duluth, GA 30096
L306,11/26, 12/3,10,17
NOTICE TO DEBTORS AND ”’ ’
CREDITORS
All creditors of the Estate of Mary Leola
Jordan, late of Forsyth County, Georgia,
deceased, 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. Richard C.
Jordan, Executor under the Will of Mary
Leola Jordan, c/o G. William Thackston,
Jr., 6
100 Lake Forrest Drive,
Suite 104,
Atlanta, Georgia 30328.
L354,12/10,17, 24,31
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE TO DEBTORS AND
CREDITORS
All creditors of the estate of William
Hodgson Pinkerton, late of Forsyth
County, deceased, Estate No. 5807,
Forsyth County Probate Court, 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.
This 26th day of November, 2003.
Cherie Hickel Pinkerton, Executrix
By: Steven T. Welch, Esq., Attorney at
Law,
3651 Peachtree Pkwy, NE, Suite E3lO
Suwanee, Georgia 30024
(678) 474-1995
L355,12/10,17, 24,31
” NOTICE
GEORGIA, FORSYTH COUNTY
PROBATE COURT
William R. Stanley has petitioned for
William R. Stanely to be appointed
Administrator of the estate of Luticlous
Bryan Stanley, Jr., deceased, of said
County. The petitioner has also applied
for waiver of bond and/or grant of cer
tain 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 objec
tions, and must be filed with the court
on or before January 5, 2004. If any
objections are filed, a hearing will be
scheduled at a later date. If no objec
tions are filed, the petition may be
' granted without a hearing.
Joyce W. Hawkins
JUDGE OF THE PROBATE COURT
By: Racheal C. Pruitt
CLERK OF THE PROBATE COURT
L356,12/10,17,24, 31
’’notice
GEORGIA, FORSYTH COUNTY
PROBATE COURT
Brent Lee Weatherford has petitioned
to be appointed Administrator of the
estate of Wendy Marie Weatherford,
deceased, of said County. The petitioner
has also applied for waiver of bond
and/or grant of certain powers con
tained in O.C.G.A. §53-12-232. All inter
ested 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 5, 2004. 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 hear
ing.
Joyce W. Hawkins
JUDGE OF THE PROBATE COURT
By: Patsy McGhee
CLERK OF THE PROBATE COURT
L357,12/10,17, 24,31
’’notice’’
GEORGIA. FORSYTH COUNTY
PROBATE COURT
William P. Daniel has petitioned to be
appointed Administrator of the estate of
Mary Daniel, deceased, of said County.
The petitioner has also applied for waiv
er of bond and/or grant of certain pow
ers 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
January 5, 2004. 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 hear
ing.
Joyce W. Hawkins
JUDGE OF THE PROBATE COURT
By: Patsy McGhee
CLERK OF THE PROBATE COURT
L358,12/10,17, 24,31
’notice’’
GEORGIA, FORSYTH COUNTY
PR6BATE COURT
Harry Arnold Childers has petitioned to
be appointed Administrator of the estate
of Harry Gail Childers, 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 objec
tions 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 5, 2004. If
any objections are filed, a hearing will
be scheduled at a later date. If no objec
tions are filed, the petition may be
granted without a hearing.
Joyce W. Hawkins
JUDGE OF THE PROBATE COURT
By: Patsy McGhee
CLERK OF THE PROBATE COURT
L359,12/10,17, 24,31
’notice’’
GEORGIA, FORSYTH COUNTY
PRdBATE COURT
Sharon Hodge and Dianne Powell has
petitioned to be appointed
Administrator of the estate of Alice
Holbrook Johnson, deceased, of said
County. The petitioner has also applied
for waiver of bond and/or grant of cer
tain 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 objec
tions, and must be filed with the court
on or before January 5, 2004. If any
objections are filed, a hearing sched
uled at a later date. If no objections are
filed, the petition may be granted with
out a hearing.
Joyce W. Hawkins
JUDGE OF THE PROBATE COURT
By: Patsy McGhee
CLERK OF THE PROBATE COURT
L360,12/10,17, 24, 31
’notice'’
GEORGIA, FORSYTH COUNTY
PRdBATE COURT
The petition of Patsy Marie Street, for a
year's support from the estate of J.
Richard Street, deceased, for dece
dent's surviving spouse, having been
duly filed, all interested persons are
hereby notified to show cause, if any
they have, on or before January 5,
2004, 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 peti
tion may be granted without a hearing.
WITNESS, the Hon. Joyce W. Hawkins,
Judge
By: Patsy McGhee
CLERK, PROBATE COURT OF
FORSYTH
L363,12/10,17, 24, 31
NOTICE TO DEBTORS AND ”’ ’
CREDITORS
This notice is with regard to Edward
Albert White, deceased, who died on
September 3, 2002. All persons indebt
ed to Edward Albert White are request
ed to make payment to the under
signed. All creditors of Edward Albert
White are required to render an account
of their demands in writing sent to the
undersigned within the time specified by
law.
Annabelle Perretti, Administrator
c/o Lynwood D. Jordan, Jr.
Attorney at Law
115 West Courthouse Square
Cumming, Georgia 30040
(770) 887-1445
L366,12/10.17, 24, 31
NOTICE TO DEBTORS AND ”'
CREDITORS
All creditors of the Estate of Lorna L.
Cox, late of Forsyth County, deceased,
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.
This 17 day of December, 2003.
Elizabeth L. Cavagnolo and Kenneth W.
Cavagnolo,
Co-Administrator C.T.A.
c/o John O. Moore, Atty, at Law
260 Constitutional Blvd.
Lawrenceville, GA 30045
L462,12/17, 24, 31,1/7
NOTICE TO DEBTORS AND ” ’
CREDITORS
All creditors of the Estate of Erma
Rossman Scott, late of Forsyth County,
Georgia, deceased, are hereby notified
to render in their demands to the under
signed according to law, and all persons
indebted to said estate are required to
make immediate payment.
This 24th day of November, 2003.
Richard D. Peterson, Executor of the
Estate of Erma Rossman Scott
William A. Turner, Esq.
MAZURSKY & DUNAWAY
Monarch Tower
3424 Peachtree Road, Suite 2400
Atlanta, Georgia 30326
L463,12/17, 24, 31,1/7
NOTICE TO DEBTORS AND ”’ ’
CREDITORS
All creditors to the estate of STEVEN
LEROY TEMPLETON, late of Forsyth
County, Georgia, deceased, are hereby
notified to render In their demands to
the undersigned according to law and
all persons indebted to the said estate
are required to make immediate pay
ment.
This 10th day of October, 2003.
Garry Daniel Templeton
Administrator of the estate of
Steven Leroy Templeton
6065 Zinfandel Dr.
Suwanee, GA 30024
L464,12/17, 24, 31,1/7
ZONINGS
PUBLIC NOTICE
JERRY CARNES has filed an appeal
with the proper authorities seeking a
variance to the requirements, of the
Forsyth County Unified Development
Section 10-1.8 (B). This request
involves a front yard variance of 2.78
feet to allow a building to remain 57.22
feet from the edge of the right-of-way
instead of the required 60 feet. The
appellant is also requesting to abolish
the required 40 foot visual buffer.
The property is located at 5515
Settendown Road and is currently
zoned CBD (Commercial Business
District).
Information regarding this hearing may
be examined in the office of the
Department of Planning &
Development, 110 East Main Street,
Suite 100, Ground Floor, Forsyth
County Administration Building, during
regular business hours.
The Forsyth County Zoning Board of
Appeals will conduct a work session on
this appeal at its regular meeting to be
held on Tuesday, January 6, 2003 at
6:00 p.m. in the Conference Room of
the Planning and Development
Department, Suite #IOO, Forsyth
County Administration Building,
Cumming, Georgia.
The Forsyth County Zoning Board of
Appeals will conduct a hearing on this
appeal at its regular meeting to be held
on Tuesday, January 6, 2003 at 7:00
p.m. in the Commissioners Meeting
Room, Room #220, Forsyth County
Administration Building, Cumming,
Georgia. All interested persons should
be in attendance.
L465,12/17
' "p’ubuc’notic’e" ’
RUSSELL AND MICHELLE BOWLING
has filed an appeal with the proper
authorities seeking a variance to the
requirements of the Forsyth County
Unified Development Table 11.2. This
request involves a front yard variance of
10 feet to allow a garage to be built 25
feet from the edge of the right-of-way
instead of the required 35 feet.
The property is located in Creekstone
Estates Subdivision, Lot #l7B, 2960
Creektree Lane and is currently zoned
RIR (Single Family Restricted
Residential).
Information regarding this hearing may
be examined in the office of the
Department of Planning &
Development, 110 East Main Street,
Suite 100, Ground Floor, Forsyth
County Administration Building, during
regular business hours.
The Forsyth County Zoning Board of
Appeals will conduct a work session on
this appeal at its regular meeting to be
held on Tuesday, January 6, 2003 at
6:00 p.m. in the Conference Room of
the Planning and Development
Department, Suite #IOO, Forsyth
County Administration Building,
Cumming, Georgia.
The Forsyth County Zoning Board of
Appeals will conduct a hearing on this
appeal at its regular meeting to be held
on Tuesday, January 6, 2003 at 7:00
p.m. in the Commissioners Meeting
Room, Room #220, Forsyth County
Administration Building, Cumming,
Georgia. All interested persons should
be in attendance.
L466,12/17
’ PUBLICNOt'iCe’ ’ ’
LISA RUSSELL has filed an appeal with
the proper authorities seeking a vari
ance to the requirements of the Forsyth
County Unified Development Table 11.2
(a). This request involves a rear yard
variance of 20 feet to allow a swimming
pool to be built 5 feet from the rear
property line instead of the required 25
feet. The appellant is also requesting a
side yard variance of 3 feet to allow a
swimming pool to be built 7 feet from
the side property line instead of the
required 10 feet.
The property is located in St. Mario
Subdivision, Lot #378, 8320 St. Mario
Fairway Drive and is currently zoned
CRI (Single Family Community
Residential).
Information regarding this hearing may
be examined in the office of the
Department of Planning &
Development, 110 East Main Street,
Suite 100, Ground Floor, Forsyth
County Administration Building, during
regular business hours.
The Forsyth County Zoning Board of
Appeals will conduct a work session on
this appeal at its regular meeting to be
held on Tuesday, January 6, 2003 at
6:00 p.m. in the Conference Room of
the Planning and Development
Department, Suite #IOO, Forsyth
County Administration Building,
Cumming, Georgia.
The Forsyth County Zoning Board of
Appeals will conduct a hearing on this
appeal at its regular meeting to be held
on Tuesday, January 6, 2003 at 7:00
p.m. in the Commissioners Meeting
Room, Room #220, Forsyth County
Administration Building, Cumming,
Georgia. All interested persons should
be in attendance.
L467,12/17
’p’ub'uc’notic’e’’’
DR HORTON has filed an appeal with
the proper authorities seeking a vari
ance to the requirements of the Forsyth
County Unified Development Table 11.2
(A). This request involves a side yard
variance of 1 foot to allow a town home
to be built 9 feet from the side property
line instead of the required 10 feet.
The property is located in St. Claire
Subdivision, Lot #76, 374 Grayson Way
and is currently zoned R 3 (Multi-Family
Residential).
Information regarding this hearing may
be examined in the office of the
Department of Planning &
Development, 110 East Main Street,
Suite 100, Ground Floor, Forsyth
County Administration Building, during
regular business hours.
The Forsyth County Zoning Board of
Appeals will conduct a work session on
this appeal at its regular meeting to be
held on Tuesday, January 6, 2003 at
6:00 p.m. in the Conference Room of
the Planning and Development
Department, Suite #IOO, Forsyth
County Administration Building,
Cumming, Georgia.
The Forsyth County Zoning Board of
Appeals will conduct a hearing on this
appeal at its regular meeting to be held
on Tuesday, January 6, 2003 at 7:00
p.m. in the Commissioners Meeting
Room, Room #220, Forsyth County
Administration Building, Cumming,
Georgia. All interested persons should
be in attendance.
L468,12/17
FORECLOSURES
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a Security
Deed executed by Ana C. Pakkala to
Sun America Mortgage Corporation
dated the 3rd day of August, 1999, and
recorded in Deed Book 1579, Page 105,
FORSYTH County, Georgia Records,
and lastly assigned to BancorpSouth
Bank by assignment recorded in Deed
Book 1579, Page 113, Forsyth County,
Georgia records; the undersigned,
BancorpSouth Bank, pursuant to said
deed and the note thereby secured, has
declared the entire amount of said
indebtedness due and payable and pur
suant to the power of sale contained In
said deed, will on the first Tuesday in
January, 2004, during the legal hours of
sale, at the Courthouse door in
FORSYTH County, sell at public outcry
to the highest bidder for cash, the prop-
erty described in said deed to-wit:
FOR LEGAL DESCRIPTION, SEE
EXHIBIT “A" ATTACHED
which has the property address of 4945
Watson Farms Lane, Cumming, GA,
together with all fixtures and other per
sonal 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 pro
hibited 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 proper
ty of Ana C. Pakkala and the proceeds
of said sale will be applied to the pay
ment 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.
BancorpSouth Bank
Attorney in Fact for
Ana C. Pakkala
McCurdy & Candler, L.L.C.
By:
Anthony DeMario, Attorney
(404) 370-7230
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS ATTEMPT
ING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
BancorpSouth Bank/Ana Pakkala
EXHIBIT “A”
All that tract or parcel of land lying and
being in Land Lot 786 of the 3rd District,
Ist Section, Forsyth County, Georgia,
being known as Lot 43 of Watson
Farms, Unit 1, as per plat recorded at
Plat Book 54, Pages 107 through 111,
Forsyth County, Georgia Records, said
plat being incorporated herein and
made a part hereof by reference for a
more complete description of captioned
property and being improved property
known as 4945 Watson Farms Lane,
Cumming, Georgia 30040, according to
the present system of numbering hous
es in Forsyth County, Georgia.
L383,12/10,17, 24,31
’ NOTICE OF SALE Un’dERPOWER ’
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a Security
Deed executed by Roy Duran and
Tracey Duran to EquiFirst Corporation
dated the 25th day of March, 2002, and
recorded in Deed Book 2294, Page 718,
FORSYTH County, Georgia Records;
last transferred to Mortgage Electronic
Registration Systems, Inc. by assign
ment recorded in Deed Book 2455,
Page 791; the undersigned, Mortgage
Electronic Registration Systems, Inc.,
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 January, 2004, dur
ing the legal hours of sale, at the
Courthouse door in FORSYTH County,
sell at public outcry to the highest bid
der for cash, the property described in
said deed to-wit:
FOR LEGAL DESCRIPTION, SEE
EXHIBIT “A'' ATTACHED
which has the property address of 4764
Hansard Drive, Cumming, GA,
together with all fixtures and other per
sonal 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 pro
hibited 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 proper
ty of Roy Duran and Tracey Duran 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 pro
vided in the aforementioned Security
Deed.
Mortgage Electronic Registration
Systems, Inc.
Attorney in Fact for
Roy Duran and Tracey Duran
McCurdy & Candler, L.L.C.
By:
Anthony DeMario, Attorney
(404) 370-7230
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS ATTEMPT
ING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
Mortgage Electronic Registration
Systems, Inc./Roy Duran and Tracey
Duran
EXHIBIT “A”
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN THE 2ND
DISTRICT, IST SECTION OF
FORSYTH COUNTY, GEORGIA, IN
LAND LOTS 49 AND 50, IDENTIFIED
AS 3 ACRES ACCORDING TO A PLAT
ENTITLED “SURVEY FOR BRENDA A
AND KENNETH TALLANT" DATED
DECEMBER 8, 1983, PREPARED BY
DAVID W. BEALLE, R.L.S. NO. 1872,
RECORDED IN PLAT BOOK 21, PAGE
109, FORSYTH COUNTY PLAT
RECORDS, WHICH PLAT AND
RECORDS THEREOF ARE INCORPO
RATED HEREIN BY REFERENCE AND
MADE A PART OF THE FOLLOWING
LEGAL DESCRIPTION.
TO ARRIVE AT THE POINT OF BEGIN
NING, COMMENCE AT A POINT
LOCATED AT THE INTERSECTION OF
THE NORTH RIGHT-OF-WAY OF PIT
MAN ROAD AND THE EAST LAND
LOT LINE OF LAND LOT 96; THENCE
SOUTH 89 DEGREES 34 MINUTES 0
SECONDS EAST 19.0 FEET TO AN
IRON PIN; THENCE NORTH 2
DEGREES 2 MINUTES 13 SECONDS
WEST 451.10 FEET TO AN IRON PIN
ON THE FENCE LINE AND THE POINT
OF BEGINNING, THE POINT OF
BEGINNING THUS ESTABLISHED,
THENCE NORTH 66 DEGREES 55
MINUTES 40 SECONDS WEST 162.31
FEET TO A POINT MARKED BY AN
IRON PIN FOUND; THENCE NORTH
61 DEGREES 56 MINUTES 12 SEC
ONDS WEST 276.63 FEET TO A
POINT; THENCE NORTH 14 DEGREES
20 MINUTES 55 SECONDS EAST
336.63 FEET TO A POINT ON THE
CENTERLINE OF A BRANCH;
THENCE ALONG AND WITH THE
CENTERLINE OF SAID BRANCH THE
OLLOWING COURSES AND DIS
TANCES; SOUTH 54 DEGREES 03
MINUTES 14 10EAST 92.20 FEET,
SOUTH 72 DEGREES 30 MINUTES 12
SECONDS EAST 92.20 FEET, SOUTH
56 DEGREES 11 MINUTES 27 SEC
ONDS EAST 189.66 FEET TO AN
IRON PIN AT THE FENCE LINE;
THENCE ALONG AND WITH SAID
FENCE LINE SOUTH 3 DEGREES 57
MINUTES 5 SECONDS WEST 324.42
FEET TO AN IRON PIN AND THE
POINT OF BEGINNING.
GRANTOR ALSO CONVEYS HERE
WITH AN EASEMENT FOR INGRESS
FROM PITMAN ROAD TO THE
SOUTHERN BOUNDARY OF THE
ABOVE-DESCRIBED PROPERTY.
SAID EASEMENT IS ALONG A GRAD
ED ROAD WITH A 60 FOOT RIGHT
OF-WAY MORE PARTICULARLY
DESCRIBED IN THE PLAT REFER
ENCED ABOVE.
L384,12/10,17,24, 31
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Because of a default in the payment of
the indebtedness secured by that cer
tain
Security Deed dated October 1, 1998,
executed by JANE C. GRAVITT to
HEADLANDS MORTGAGE COMPANY,
recorded in Deed Book 1375, Page 697,
Forsyth County, Georgia Deed Records,
and securing a Note in the original prin
cipal amount 0f5171,000 00, said
Security Deed and Note having been
last assigned to Mortgage Electronic
Registration Systems, Inc , the current
holder thereof, has declared the entire
amount of said indebtedness evidenced
by the Note immediately due and
payable and, pursuant to the power of
sale contained in said Security Deed,
will, on the first Tuesday in January,
2004, to-wit: January 6, 2004, during
the legal hours of sale, before the
Forsyth County Courthouse door, sell at
public outcry to the highest bidder for
cash, the following described real prop
erty:
ALL THAT TRACT OR PARCEL. OF
LAND LYING AND BEING IN LAND
LOT 109 OF THE 2ND DISTRICT, IST
SECTION, FORSYTH COUNTY,
GEORGIA, BEING MORE PARTICU
LARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN SET ON
THE SOUTHEASTERLY RIGHT OF
WAY OF BATES DRIVE (60 FOOT R/W)
AT THE POINT WHERE SAID RIGHT
OF WAY IS INTERSECTED BY THE
FORSYTH-CHEROKEE COUNTY UNE
AND RUN THENCE NORTH 37
DEGREES 14 MINUTES 14 SECONDS
EAST ALONG THE SAID RIGHT OF
WAY A DISTANCE OF 34.26 FEET TO
A POINT; CONTINUE THENCE ALONG
SAID RIGHT OF WAY, ALONG A
CURVE TO THE RIGHT, AN ARC DIS
TANCE OF 238.20 FEET (SAID ARC
BEING SUBTENDED BY A CHORD
BEARING NORTH 53 DEOREES 29
MINUTES 48 SECONDS EAST A
CHORD DISTANCE OF 235.02 FEET)
TO AN IRON PIN SET; LEAVING SAID
ROAD RIGHT OF WAY, RUN THENCE
SOUTH 15 DEGREES 48 MINUTES 47
SECONDS EAST A DISTANCE OF
427_99 FEET TO A POINT; RUN
THENCE SOUTH 33 DEGREES 21
MINUTES 56 SECONDS WEST A DIS
TANCE OF 221.37 FEET TO A CRIMP
TOP ALUMINUM PIPE; RUN THENCE
SOUTH 73 DEGREES 27 MINUTES 42
SECONDS WEST A DISTANCE OF
42.84 FEET TO A POINT; RUN
THENCE SOUTH 75 DEGREES 12
MINUTES 38 SECONDS WEST A DIS
TANCE OF 111.12 FEET TO A POINT;
RUN THENCE SOUTH 83 DEGREES
53 MINUTES 39 SECONDS WEST A
DISTANCE OF 14.90 FEET TO A
POINT; HUN THENCE SOUTH 00
DEGREES 34 MINUTES 37 SECONDS
WEST A DISTANCE OF 42.90: TO AN
IRON PIN ON THE FORSYTH-CHERO
KEE COUNTY LINE; RUN THENCE
NORTH 01 DEGREES 00 MINUTES 00
SECONDS WEST ALONG THE SAID
COUNTY LINE A DISTANCE OF 224.97
FEET TO A CRIMP TOP ALUMINUM
PIPE; CONTINUE THENCE ALONG
SAID COUNTY LINE NORTH 00
DEGREES 58 MINUTES 28 SECONDS
WEST A DISTANCE OF 90.51 FEET TO
A POINT; LEAVING SAID COUNTY
UNE RUN THENCE NORTH 68
DEGREES 45 MINUTES 26 SECONDS
EAST A DISTANCE OF 236.09 FEET
TO A POINT; RUN THENCE NORTH 27
DEGREES 44 MINUTES 31 SECONDS
WEST A DISTANCE OF 85.00 FEET TO
A POINT; RUN THENCE SOUTH 78
DEGREES 47 MINUTES 23 SECONDS
WEST A DISTANCE OF 186.14 FEET
TO A POINT ON THE AFORESAID
COUNTY LINE; RUN THENCE NORTH
DO DEGREES 58 MINUTES 28 SEC
ONDS WEST ALONG SAID COUNTY
LINE A DISTANCE OF 45.28 FEET TO
'THE IRON PIN ON THE SOUTHEAST
RIGHT OF WAY OF BATES DRIVE
AND THE POINT OF BEGINNING;
BEING PORTIONS OF THE PROPER
TY ACQUIRED BY KENNETH MAN
NING BY WARRANTY DEEDFROM
SHERRY ANN VERNER JARRETT
DATED 4/13/T9 RECORDED IN DEED
BOOK 190, PAGE 450, FORSYTI4
COUNTY RECORDS. AND THE PROP
ERTY ACQUIRED BY RAYMOND O.
MANNING BY WARRANTY DEED
FROM SHERRY A, JARRETr FKA
SHERRY A. VARNER DATED 4/3/95
RECORDED IN DEED BOOK 842,
PAGE 15. SAID RECORDS; AND HAV
ING BEEN SHOWN AS A 3,00 ACRE
TRACT ON A PLAT OF SURVEY MADE
FOR BILLY L. GRAVITT AND JANE C.
BRYAN BY J.A_ PAGE, JR., RLS,
DATED SEPTEMBER 26, 1998.
SUBJECT TO 20 FOOT WIDE EASE
MENTS FOR INGRESS-EGRESS
ALONG EXISTING DRIVEWAYS
CROSSING THE NORTH AND EAST
PORTIONS OF THE ABOVE
DESCRIBED PROPERTY AND SERV
ING TWO OTHER PARCELS BELONG
ING TO THE GRANTORS HEREIN
LOCATED CONTIGUOUS TO THE
NORTHWEST AND SOUTHEAST POR
TIONS OF THE ABOVE DESCRIBED
PROPERTY SHOWN AS “OUT’
PARCELS ON THE ABOVE
DESCRIBED PLAT OF SURVEY BY
J.A. PAGE, JR., RL.S.
The aforedescribed real property is also
known as 7381 Bates Drive, Cumming,
Georgia, according to the present sys
tem of numbering houses in Forsyth
County, Georgia.
This sale will be conducted subject (1)
to confirmation that the sale is not pro
hibited under the U. S. Bankruptcy Code
and (2) to final confirmation and audit
as to the amount and status of the loan
with the holder of the Security Deed,
including but not limited to a determina
tion that the borrower has not reinstated
the loan prior to the foreclosure sale.
Saidreal property will be sold subject to
any outstanding ad valoremtaxes
(including taxes which are alien, but not
yet due and payable), the right of
redemption ofany taxing authority, any
matters which might be disclosed by an
accurate survey and inspection of the
real property, any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters
ofrecordsuperior to the Security Deed
first set out above.
Upon information and belief, said real
property is presently in the possession
or control of Jane C. Gravitt and the pro
ceeds 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
Security Deed, and the excess pro
ceeds, if any, will be distributed as pro
vided by law
MORTGAGE ELECTRONIC REGIS
TRATION SYSTEMS, INC,
as Attorney-In-Fact for
JANE C. GRAVITT
David W Adams, Esquire
ELLIS, PAINTER, RATTERREE & BART
LLP
Post Office Box 9946
Savannah, Georgia 31412-9946
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT ON BEHALF OF
THE ABOVEREFERENCED LENDER
AND ANY INFORMATION WILL BE
USED FOR THAT PURPOSE.
L385,12/10,17, 24,31
notice of sale under power ’
STATE OF GEORGIA
COUNTY OF FORSYTH
By virtue of the Power of Sale contained
in the Security Deed and Security
Agreement from WARSAW INVEST
MENT GROUP, LLC (“Warsaw"), AZITA
NEKOOI (“Nekool") and SEYED M.
FALASIRI (“Falasiri") (collectively,
“Debtor") to BRANCH BANKING AND
TRUST COMPANY (“Grantee"), dated
February 6, 2001, recorded In Deed
Book 1858, Page 452, Forsyth County,
Georgia records (the "Security Deed"),
said Security Deed being given to
secure:
(a) a Promissory Note dated
February 6, 2001 from Warsaw to
Grantee in the original principal amount
of Six Hundred Seventy-Four Thousand
and No/100 Dollars ($674,000.00), with
interest as specified therein (the
“Note”), as guaranteed by Nekool and
Falasiri pursuant to Guaranty
Agreements dated February 6, 2001;
and
(b) such other indebtedness of
Debtor to Grantee as is defined in the
Security Deed;
There will be sold by the undersigned at
public outcry to the highest bidder for
cash before the Courthouse door at
Forsyth County, Georgia, within the
legal hours of sale on the first Tuesday
in January, 2004, the following
described property:
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 762,
District 2, Section 1, Forsyth County,
Georgia, and being more particularly
described as follows:
TO FIND THE POINT OF BEGINNING
COMMENCE at the intersection of the
easterly right-of-way line of Union Road
(50 foot right-of-way) and the south land
lot line of Land Lot 762, thence norther
ly 360.48 feet along the easterly right
of-way line of Union Hill Road to a 1/2"
rebar found, and the TRUE POINT OF
BEGINNING; thence proceeding along
the easterly right-of-way line of Union
Hill Road North OK degree 43 minutes
00 seconds West 42.79 feet to a point;
thence along said right-of-way line
North 00 degrees 56 minutes 03 sec
onds West 32.18 feet to a point; thence
along said right-of-way line North 00
degrees 17 minutes 40 seconds East
134.81 feet to an iron pin set; thence
leaving the right-of-way line of Union
Hill Road North 89 degrees 00 minutes
21 seconds East 488.97 feet to a 1”
crimp top found on the easterly land lot
line of Land Lot 762 (being the westerly
line of Land Lot 763); thence South 00
degrees 16 minutes 16 seconds West
along said land lot line 210.04 feet to a
1” crimp top found; thence leaving said
land lot line South 89 degrees 01
minute 24 seconds West 488.86 feet to
a 1/2” rebar found on the easterly right
of-way of Union Hill Road and the TRUE
POINT OF BEGINNING.
As more fully shown on a plat of survey
for Azita Nekooi, Jefar Nekooi, Bank
Atlanta and Commonwealth Land Title
Insurance Company, prepared by O.
Eugene Kay (Survey Concepts, Inc. ),
GRLS No. 1943, dated May 11, 1999.
The indebtedness secured by the
Security Deed has been and is hereby
declared due because of the failure to
comply with the terms and conditions
contained in the Note and Security
Deed. The indebtedness remaining in
default, the sale will be made for the
purpose of applying the proceeds there
of to the payment of the indebtedness
secured by the Security Deed, accrued
interest and expenses of the sale and
all other payments provided for under
the Security Deed, including attorneys'
fees as provided in the Note and
Security Deed, notice of intention to col
lect attorneys’ fees having been given
as provided by law; and the remainder,
if any, shall be applied as provided by
law, including application to payment of
any and all other notes or other docu
ments evidencing any debt whatsoever
incurred by Debtor and payable to
Grantee.
To the best of the undersigned's knowl
edge and belief, the current owner of
the property is Nekooi and Falasiri, and
the party in possession of the property
is Nekooi and Falasiri.
Said property will be sold as the proper
ty of Nekooi and Falasiri subject to all
unpaid property taxes, assessments,
restrictions, restrictive covenants, rights
of way, and easements of record, if any.
BRANCH BANKING AND TRUST COM
PANY,
As Attorney-In-Fact for
AKITA NEKOOI and SEYED M.
FALASIRI
David B. McAlister, Esq.
Arnall Golden Gregory LLP
2800 One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3450
(404) 873-8718
L386,12/10,17,24,31
’ NOTICE OF SALE UNDER POWEr”
GEORGIA, FORSYTH COUNTY
Under and by virtue of the Power of
Sale contained in that certain Deed to
Secure Debt given by Henry R. Connell,
Jr. to Bank One, N.A., dated October 4,
2000, recorded in Deed Book 1779,
Page 0564, Forsyth County, Georgia
Records, conveying the after-described
property to secure a Note in the original
principal amount of Fifty One Thousand
Dollars ($51,000.00), 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 Forsyth County, Georgia, within
the legal hours of sale on the first
Tuesday in January, 2004, the following
described property:
All that tract or parcel of land lying and
being in Land Lot 1156 of the 3rd
District, Ist Section of Forsyth County,
Georgia, and being Lot 98, Tallantworth,
per plat recorded at Plat Book 42,
Pages 21 through 24. Forsyth County,
Georgia Records, which plat is incorpo
rated herein and made a part hereof by
reference.
The debt secured by said Deed to
Secure Debt 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
Deed to Secure Debt. The debt remain
ing in default, this sale will be made for
the purpose of paying the same and all
expenses of this sale, as provided in the
Deed to Secure Debt and by law, includ
ing 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 assess
ments, liens, encumbrances, zoning
ordinances, restrictions, covenants, and
matters of record superior to the Deed
to Secure Debt first set out above.
To the best knowledge and belief of the
undersigned, the party in possession of
the property is Henry R. Connell, Jr. or
a tenant or tenants and said property is
more commonly known as 5525
Tallantworth Trail, Cumming, Georgia
30040.
The sale will be conducted subject to
confirmation that the sale is not prohibit
ed under the U.S. Bankruptcy Code.
BANK ONE, N.A., as Attorney
in Fact for Henry R. Connell, Jr..
By: Heath W. Williams
Attorney for Bank One, N.A.
Brown Rountree & Stewart, PC
170 Mitchell Street, SW
Atlanta, Georgia 30303
(404) 525-5204
(404) 526-8855 (fax)
L387,12/10,17, 24,31
STATE OF GEORGIA
FORSYTH COUNTY
NOTICE OF SALE UNDER POWER
WHEREAS, heretofore on November 7,
2001, Timothy Roberts and Tamara
Roberts executed a Deed to Secure
Debt in favor of Ellen M. Schuler, which
Deed to Secure Debt is recorded In
Deed Book 2100, page(s) 541, Clerk's
Office, Forsyth County, Georgia
Superior Court; and
WHEREAS, the Indebtedness secured
by said Deed to Secure Debt has
become in default under the terms and
conditions of said Deed to Secure Debt,
and Ellen M. Schuler has declared all of
said Indebtedness secured thereby due
and payable;
NOW, THEREFORE, in exercise of the
power of sale contained In said Deed to
Secure Debt and In accordance with the
law in such cases made and provided,
the undersigned, as attorney In fact for
the said Timothy Roberts and Tamara
Roberts, will sell the below described
property to the highest bidder for cash
before the courthouse door in
See LEGALS, Page7B