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THURSDAY, OCTOBER 23, 2008 THE BANKS COUNTY NEWS PACE 9A 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 pur poses and programs?” This proposal affirms that the General Assembly may authorize counties, municipali ties, 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 provide 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 infrastructure development districts. The purpose of such districts will be for the creation, provision, and expansion of such infra structure services and facili ties 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 con veyed 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 principal amount of $107,600.00, 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, 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 accord ing to a plat of survey pre pared 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 incor porated 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 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 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 distrib uted 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 recorded 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 principal sum of FORTY SEVEN THOUSAND AND 00/100 DOLLARS ($47,000.00), with interest from said date at the rate stat ed in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the high est 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 disclosed by an accurate survey and inspection of the property, any assess ments, liens, encumbrances, zoning ordinances, restric tions, easements, covenants, and matters 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 foreclosure sale contemplated by this Notice. To the best knowledge and belief of the under signed, the Party in posses sion 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 trust ee under that certain Sale and Servicing Agreement dated June 1, 1999, among AFC Trust Series 1999-2, as Issuer, Superior Bank F by assign ment, the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trust ee 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 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 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, pre pared by G. Brian Slate, GRLS No. 2629, recorded in Plat Book 23, Page 156, Banks County, Georgia records which plat is incorporated 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 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 property of Dina Galloway and Talmadge Galloway 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 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 principal amount of SEVENTY SEVEN THOUSAND SIX HUNDRED FORTYAND06/100 DOLLARS ($77,640.06) with interest thereon as provided therein, 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 of November 2008, regarding the following described property: All that tract or parcel of land lying and being in 208th G.M., District of Banks County, Georgia. Designated as Tract 4 containing 5.00 acres, more or less, as shown on a plat of 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