Newspaper Page Text
THURSDAY, OCTOBER 16, 2008
THE BANKS COUNTY NEWS
PACE 5B
Legal notices
Legal Notice
Summary of Proposed
Constitutional Amendments
Pursuant to requirements
of the Georgia Constitution,
Attorney General Thurbert E.
Baker, Secretary of State Karen
C. Handel, and Legislative
Counsel Sewell R. Brumby
hereby provide the summaries
of the proposed constitutional
amendments that will appear
on the November 4, 2008,
general election ballot for con
sideration by the people of
Georgia:
-1 -
To encourage the preser
vation of Georgia’s forests
through a conservation use
property tax reduction pro
gram.
House Resolution No. 1276
Resolution Act No. 702
Ga. L. 2008, p. 1209
() YES
() NO
Shall the Constitution of
Georgia be amended so as
to provide that the General
Assembly by general law shall
encourage the preservation,
conservation, and protection
of the state’s forests through
the special assessment and
taxation of certain forest lands
and assistance grants to local
government?”
This proposal directs the
General Assembly to pro
vide for a new method of ad
valorem tax assessment of
forest land conservation use
property. Such property will
include only tracts of forest
land which exceed 200 acres
except where the General
Assembly has provided by
general law for exceptions to
the 200 acre limit under cer
tain circumstances. Subject
to certain qualifications, an
owner of such property will be
able to enter into a covenant
to restrict the use of the land to
current use; and the land will
then be taxed according to a
formula based on current use,
annual productivity, and real
property sales data. A breach
of the covenant will result in a
government recapturing the
tax savings and may result in
other appropriate penalties.
The General Assembly is
directed to appropriate funds
to local government to par
tially offset any loss of local
revenue.
The General Assembly has
enacted a law to implement
this constitutional amendment.
This law will become effec
tive only if the constitutional
amendment is ratified by the
voters. This law is 2008 HB
1211; Act No. 464, found at
Ga. Laws 2008, p. 297.
A copy of this entire pro
posed constitutional amend
ment is on file in the office
of the judge of the probate
court and is available for pub
lic inspection.
-2-
To authorize local school
districts to use tax funds for
community redevelopment
purposes.
Senate Resolution No. 996
Resolution Act No. Ill
Ga. L. 2008, p. 1211
() YES
() NO
Shall the Constitution of
Georgia be amended so as to
authorize community redevel
opment and authorize coun
ties, municipalities, and local
boards of education to use
tax funds for redevelopment
purposes and programs?”
This proposal affirms that
the General Assembly may
authorize counties, municipal
ities, and housing authorities
to carry out community rede
velopment.
The proposal also revises
the Constitution’s provisions
relative to redevelopment
powers and tax allocation
bonds. As revised by the pro
posed amendment, the cur
rent provisions for community
redevelopment, after providing
for such powers, will contain
revised provisions relative to
tax allocation bonds. In gen
eral, tax allocation bonds are
government borrowings which
are repaid specifically from
future growth in the property
tax digest of an area under
redevelopment.
Linder the proposal a gener
al law will be able to authorize
the use of county, municipal,
and school tax funds, or any
combination thereof, to fund
redevelopment purposes and
programs, including repay
ment of tax allocation bonds.
The general law may pro
vide for such use of tax funds
without regard to whether the
local government approved
such use before January 1,
2009. No county, municipal,
or school tax funds may be
used for such purposes and
programs without approval by
the applicable local governing
body.
With respect to school taxes
only, such taxes may be used
for redevelopment purposes
and programs only if: (1) they
have been pledged for repay
ment of tax allocation bonds
which have been judicially
validated (approved by a court
for issuance); or (2) such use
is authorized by general law
after January 1,2009.
A copy of this entire pro
posed amendment is on file
in the office of the judge of the
probate court and is available
for public inspection.
-3-
To authorize the creation
of special Infrastructure
Development Districts provid
ing infrastructure to under
served areas.
Senate Resolution No. 309
Resolution Act No. 373
Ga. L. 2007, p. 775
() YES
() NO
Shall the Constitution of
Georgia be amended so
as to authorize the General
Assembly to provide by gen
eral law for the creation and
comprehensive regulation of
infrastructure development
districts for the provision of
infrastructure as authorized by
local governments?”
This proposal authorizes the
General Assembly by general
law to provide for the creation
and regulation of infrastruc
ture development districts.
The purpose of such districts
will be for the creation, provi
sion, and expansion of such
infrastructure services and
facilities as may be provided
for by general law.
Counties and municipali
ties affected by the creation
of infrastructure development
districts will have the authority
to approve creation of such
districts. The general law pro
viding for the creation of the
districts will provide for the
establishment of an adminis
trative or governing body for
the districts. Such administra
tive or governing bodies will
be able to impose and collect
fees and assessments within
each district and to incur debt
according to powers and limits
set by statute.
The General Assembly has
enacted a law to provide for
the creation and regulation
of infrastructure development
districts. This law will become
effective only if the constitu
tional amendment is ratified by
the voters. This law is 2007
SB 200; Act No. 372, found at
Ga. Laws 2007, p. 739.
A copy of this entire pro
posed constitutional amend
ment is on file in the office
of the judge of the probate
court and is available for pub
lic inspection.
(OC16,23,30B/379-100)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in
the payment of the indebted
ness secured by a Security
Deed executed by JEFFERY
B. ODUM to MAXIMUM
PROPERTY SERVICES INC.
dated May 13, 2005, and
recorded in Deed Book 258,
Page 755, Banks County
Records, said Security
Deed having been last sold,
assigned, transferred and
conveyed to U.S. Bank N.A.,
as Trustee for registered
holders of Asset Backed
Certificates, Series 2005-
HE4, by Assignment securing
a Note in the original princi
pal amount of $107,600.00,
the holder thereof pursuant
to said Deed and Note there
by secured has declared the
entire amount of said indebt
edness due and payable and,
pursuant to the power of sale
contained in said Deed, will on
the first Tuesday, November
4, 2008, 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 containing 0.86 acres,
more or less, in the 265th
GMD of Banks County, in the
City of Homer, Georgia, being
bounded now or formerly as
follows: On the North by lands
of Ayers; on the East by U.S.
Highway 441; on the South
by Homer Baptist Church;
and on the West by lands
of Blackwell. Said tract of
land being more particularly
described according to a plat
of survey prepared by Max
Lewallen, R.S., on the 9th
day of June, 1994, which plat
is recorded in Plat Book 18,
Page 207, Public Records of
said Banks County, Georgia,
is by reference incorporat
ed herein as a part of this
description.
Said property is known as
246 Oak Street, Homer, GA
30547, together with all fix
tures 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, encum
brances, 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 confir
mation 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 Jeffery B.
Odum, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the pos
session of Jeffery B. Odum,
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 dis
tributed as provided by law.
U.S. Bank N.A., as Trustee
for registered holders of Asset
Backed Certificates, Series
2005-HE4 as Attorney-in-Fact
for Jeffery B. Odum
File no. 08-005149
L. J. SWERTFEGER, JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/AR
www.swertfeger.net
*THE LAW FIRM IS
ACTING AS A DEBT COL
LECTOR. ANY INFORMA
TION OBTAINED WILL
BE USED FOR THAT
PURPOSE.
[FC-NOS]
(OC9,16,23,30B/1323-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
State of Georgia
County of Banks
By virtue of the power of
sale contained in that cer
tain Georgia Security Deed
& Security Agreement
from DREAM RIVER
INVESTMENTS, INC. to
BRANCH BANKING &
TRUST COMPANY, dated
June 10, 2004, and record
ed in Deed Book 239, Page
267, Banks County, Georgia
Records (hereinafter referred
to as “Deed to Secure Debt”),
said Deed to Secure Debt
securing a Promissory Note
(“Note”) in the original princi
pal sum of FORTY SEVEN
THOUSAND AND 00/100
DOLLARS ($47,000.00), with
interest from said date at
the rate stated in said Note
on the unpaid balance until
paid, there will be sold by
the undersigned at public out
cry to the highest bidder for
cash before the Courthouse
at Banks County, Georgia,
within the legal hours of sale
on Tuesday, November 4,
2008, the property described
on Exhibit “A” attached hereto
and incorporated herein by
reference. The debts secured
by said Deed to Secure Debt
have been and are hereby
declared due and payable
because of, among other pos
sible events of default, failure
to make payments on said
Note. The debts 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 (including
taxes which are a lien, but
not yet due and payable), any
matters which might be dis
closed by an accurate survey
and inspection of the prop
erty, any assessments, liens,
encumbrances, zoning ordi
nances, restrictions, ease
ments, covenants, and mat
ters of record superior to the
Deeds to Secure Debt first set
out above, including, but not
necessarily limited to, senior
encumbrances that will not
be extinguished by the fore
closure sale contemplated by
this Notice.
To the best knowledge and
belief of the undersigned,
the Party in possession of
the property is Dream River
Investments, Inc. or a tenant
or tenants, and said property
is more commonly known as
TRACT 49, 5.009 ACRES,
MORE OR LESS, BANKS
COUNTY, GEORGIA.
However, please only rely on
the attached legal description
for the location of the prop
erty.
Branch Banking & Trust
Company
Attorney in Fact for Dream
River Investments, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of
land lying and being in the
207th District, G.M., Banks
County, Georgia and being
that 5.009 acres, more or
less, being on the southwest
erly side of County Road No.
62, and being designated as
Tract 49 and more particularly
shown and delineated on a
plat of survey entitled “Survey
for: Silvermill Farms,” dated
December 18, 1995, pre
pared by Cornerstone Land
Surveying, James R. Smith,
Registered Surveyor, and
recorded at Plat Book 22,
Page 44, 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 descrip
tion. Together with the right
of ingress and egress to the
above referenced property by
means of the 60 foot access
easement as shown on the
above described plat. Said
60 foot access strip being
reserved in a Warrant Deed to
Georgia-Pacific Corporation
recorded at Deed Book 105,
Page 732, Banks County
Records.
(OC9,16,23,30P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by DINAGALLOWAY
and TALMADGE GALLOWAY
TO ALLIANCE FUNDING,
a Division of Superior Bank
FSB dated April 14, 1999, in
the amount of $58,400.00,
and recorded in Deed Book
142, Page 756, Banks
County, Georgia Records,
as last transferred to LaSalle
Bank National Association
(“Assignee”), formerly known
as LaSalle National Bank,
in its capacity as indenture
trustee under that certain Sale
and Servicing Agreement
dated June 1, 1999, among
AFC Trust Series 1999-2,
as Issuer, Superior Bank F
by assignment, the under
signed, LaSalle Bank National
Association (“Assignee”),
formerly known as LaSalle
National Bank, in its capac
ity as indenture trustee under
that certain Sale and Servicing
Agreement dated June 1,
1999 among AFC Trust Series
1999-2, as Issuer, Superior
Bank F pursuant to said deed
and the note thereby secured,
has declared the entire
amount of said indebtedness
due and payable and pursu
ant to the power of sale con
tained in said deed, will on the
first Tuesday in November,
2008, during the legal hours of
sale, at the Courthouse door
in Banks 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 465th
G.M. District, Banks County,
Georgia, being designated
as Tract 2C, containing 1.02
acres, more or less, as shown
on that certain plat entitled
Survey for CHS Associates
dated October 21, 1998,
prepared by G. Brian Slate,
GRLS No. 2629, record
ed in Plat Book 23, Page
156, Banks County, Georgia
records which plat is incorpo
rated herein by reference and
made a part hereof.
which has the property
address of 211 McClure
Road, Gillsville, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
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 confir
mation 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 property of Dina Galloway
and Talmadge Galloway 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.
LaSalle Bank National
Association (“Assignee”),
formerly known as LaSalle
National Bank, in its capac
ity as indenture trustee under
that certain Sale and Servicing
Agreement dated June 1,
1999 among AFC Trust Series
1999-2, as Issuer, Superior
Bank F Attorney in Fact for
Dina Galloway and Talmadge
Galloway
Anthony DeMarlo, Attorney/
jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-00919/CONV
THIS LAW FIRM IS
ACTING AS A
DEBT
COLLECTOR AND IS AT-
TEMPTING TO COLLECT
A DEBT. ANY INFORMA-
TION OBTAINED
WILL
BE USED FOR
THAT
PURPOSE.
(OC9,16,23,30B/1325-60)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of
Sale contained in that certain
Security Deed from DANNY
GUTHRIE aka DANNY
EUGENE GUTHRIE and
KRIS GUTHRIE aka LOLA
KRISTINE GUTHRIE to
VANDERBILT MORTGAGE
AND FINANCE, INC., dated
March 23, 2007, and record
ed in Deed Book 302, Page
554, in the Office of the Clerk
of Superior Court of Banks
County, Georgia, said Security
Deed having been given to
secure a Note dated, March
23, 2007, in the original prin
cipal amount of SEVENTY
SEVEN THOUSAND
SIX HUNDRED FORTY
AND 06/100 DOLLARS
($77,640.06) with interest
continued on following page
TOLBERTifi BRADFORD
ATTORNEYS AT LAW
STOP Foreclosures
STOP Repossessions
STOP Garnishments
STOP Tax Levies
STOP Creditor Harassment
Chapter 13 Repayment (Pay only Filing Fees to Start)
Chapter 7 Get a Fresh Start
Free Initial Consultation
Athens • 706-549-8545 • 320 E. Clayton Street, Suite 514 • Athens, GA 30601
Jefferson • 706-367-5290 • 62 Washington Street • Jefferson, Georgia 30549