Legals

Legals

483557
NOTICE TO DEBTORS
AND CREDITORS
All creditors of the estate of Jerry Mack Ray, deceased, late of Elbert County, Georgia, 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 the undersigned.
This 15th day of January, 2019.
/s/ Terri Ray
217 Georgetown Dr.
Athens, GA 30605
1-23,30,2-6,13

Legals

484302
NOTICE TO DEBTORS
AND CREDITORS
STATE OF GEORGIA
COUNTY OF ELBERT
All creditors of the Estate of Martha Moore Slay, deceased, late of Elbert 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 undersigned.
This 18th day of January, 2019.
Delon Slay Smith,
as Executrix of the Estate of
Martha Moore Slay, deceased
JENKINS LAW, LLC
Attorney at Law
115 Heard Street
Elberton, Georgia 30635
706-283-8240
706-283-8948 Fax
johnsjenkins@bellsouth.net
1-23,30,2-6,13

Legals

485682
NOTICE TO DEBTORS
AND CREDITORS
STATE OF GEORGIA
COUNTY OF ELBERT
IN RE: Estate of Sherry Jean Nash, Deceased
All creditors of the estate of Sherry Jean Nash, deceased, late of Elbert 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 the undersigned.
This 25th day of January, 2019.
/s/ Thomas Scott Black
Executor of Sherry Jean Nash,
Deceased
BILL DAUGHTRY, ATTORNEY AT LAW, LLC
704 Elbert Street
P.O. Box 6267
Elberton, Georgia 30635
TEL 706-283-5543
FAX 706-283-6968
1-30,2-6,13,20

Legals

485452
NOTICE TO DEBTORS
AND CREDITORS
All debtors and creditors of the estate of Talmadge Eugene Bell, deceased, late of Elbert County, Georgia, 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 the undersigned.
This 23rd day of January, 2019.
/s/ Mary J. Bell
1144 Ruckersville Road
Elberton, GA 30635
1-30,2-6,13,20,27

Legals

485265
NOTICE OF SALE UNDER POWER
GEORGIA, ELBERT COUNTY
Under and by virtue of the Power of Sale contained in a Security Deed given by Onnie L. McCollum and Rene D. McCollum to Wells Fargo Bank, N.A., dated October 28, 2010, recorded in Deed Book 510, Page 287, Elbert County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-TWO THOUSAND ONE HUNDRED EIGHTY-TWO AND 0/100 DOLLARS ($62,182.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash at the Government Complex Elbert County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in March, 2019, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 191st G. M. District of Elbert County, Georgia, containing 1.498 acres, more or less, and being more particularly described in a plat of survey prepared by Charles A. Cecchini, Registered Land Surveyor, dated October 15, 2003, recorded in Plat Book 25, at Page 90, Elbert County, Georgia Records, said plat and the recording thereof being expressly by reference incorporated herein and made a part of this description.
Said property being bounded now or formerly as follows as shown on said plat: on the East by a 100' right-of-way being Georgia Highway 17, a/k/a the Washington Highway; on the Southeast by Eddie Ray Argo and Susan R. Argo; and on the Southwest, West and Northwest by Jewell Peppers.
This being the same property described in Warranty Deed Joint Tenancy with Right of Survivorship from Carolyn Carithers Snellings and Anne Carithers Dye to Christopher D. Dickens and Kelly H. Dickens, dated November 14, 2003, recorded in Deed Book 357, at Pages 178-180, Elbert County, Georgia Records.
This property does not lie in a certified flood plain area.
The debt secured by said Security Deed 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 Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including 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 assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Wells Fargo Bank, N.A. is the holder of the Security Deed to the property in accordance with OCGA 44-14-162.2.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage a div. of Wells Fargo Bank, N.A., P.O. Box 10335, Des Moines, IA 50306, 1-800-416-1472.
To the best knowledge and belief of the undersigned, the party in possession of the property is Onnie L. McCollum and Rene D. McCollum or a tenant or tenants and said property is more commonly known as 2691 Washington Highway, Elberton, Georgia 30635.
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.
Wells Fargo Bank, N.A.
as Attorney in Fact for
Onnie L. McCollum and
Rene D. McCollum
MCCALLA RAYMER LEIBERT PIERCE, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
Our file no. 5380619 - FT5
This is an attempt to collect a debt. Any information obtained will be used for that purpose.
2-6,13,20,27

Legals

487325
NOTICE OF SALES TAX ELECTION
TO THE QUALIFIED VOTERS OF ELBERT COUNTY:
NOTICE IS HEREBY GIVEN that on the 19th day of March, 2019, an election will be held at the regular polling places in all the election districts of Elbert County, in addition to early voting, at which time there will be submitted to the qualified voters of Elbert County for their determination the question of whether a sales and use tax of one percent shall be imposed on all qualified sales and uses in Elbert County for the purpose of funding certain Transportation Projects, hereinafter stated, of Elbert County, the City of Elberton, and the City of Bowman pursuant to an Intergovernmental Agreement entered into by and between Elbert County, the City of Elberton, and the City of Bowman (funding of the projects including, but not being limited to, the purchase or acquisition of supplies and equipment necessary or useful to the completion of the Projects, hereinafter stated). The Transportation Projects consist of "County Projects" and "Municipal Projects," and are more specifically set forth below:
(A) COUNTY PROJECTS: Road, street, and bridge purposes, including but not limited to: (i) acquisition of rights of way for roads, streets, and bridges, (ii) construction of roads, streets, and bridges; (iii) renovation and improvement of roads, streets, and bridges, including resurfacing; (iv) relocation of utilities for roads, streets, and bridges; (v) improvement of surface-water drainage from roads, streets, and bridges; (vi) patching, leveling, milling, widening, shoulder preparation, culvert repair and other repairs necessary for the preservation of roads, streets, and bridges; (vii) roadside mowing; (viii) intersection improvements; (ix) road striping; (x) road signage; (xi) construction materials used for constructing and maintaining roads, streets, and bridges; (xii) a capital outlay project or projects consisting of any of the foregoing to be located, in whole or in part, in Elbert County; (xiii) equipment used for constructing and maintaining roads, streets, and bridges; and (xiv) all accompanying infrastructure and services necessary to provide access to roads, streets, and bridges; and
(B) MUNICIPAL PROJECTS:
(1) City of Elberton Projects: Road, street, and bridge purposes, including but not limited to: (i) acquisition of rights of way for roads, streets, bridges, sidewalks, and bicycle paths; (ii) construction of roads, streets, bridges, sidewalks and bicycle paths; (iii) renovation and improvement of roads, streets, bridges, sidewalks, and bicycle paths, including resurfacing; (iv) relocation of utilities for roads, streets, bridges, sidewalks, and bicycle paths; (v) improvement of surface-water drainage from roads, streets, bridges, sidewalks, and bicycle paths; (vi) patching, leveling, milling, widening, shoulder preparation, culvert repair and other repairs necessary for the preservation of roads, streets, bridges, sidewalks, and bicycle paths; (vii) roadside mowing; (viii) intersection improvements; (ix) road striping; (x) road signage; (xi) construction materials used for constructing and maintaining roads, streets, bridges, sidewalks, and bicycle paths; (xii) a capital outlay project or projects consisting of any of the foregoing to be located, in whole or in part, in Elberton; (xiii) equipment used for constructing and maintaining roads, streets, bridges, sidewalks, and bicycle paths; and (xiv) all accompanying infrastructure and services necessary to provide access to roads, streets, bridges, sidewalks, and bicycle paths;
and (2) City of Bowman Projects: Road, street, and bridge purposes, including but not limited to: (i) acquisition of rights of way for roads, streets, bridges, sidewalks, and bicycle paths; (ii) construction of roads, streets, bridges, sidewalks and bicycle paths; (iii) renovation and improvement of roads, streets, bridges, sidewalks, and bicycle paths, including resurfacing; (iv) relocation of utilities for roads, streets, bridges, sidewalks, and bicycle paths; (v) improvement of surface-water drainage from roads, streets, bridges, sidewalks, and bicycle paths; (vi) patching, leveling, milling, widening, shoulder preparation, culvert repair and other repairs necessary for the preservation of roads, streets, bridges, sidewalks, and bicycle paths; (vii) roadside mowing; (viii) intersection improvements; (ix) road striping; (x) road signage; (xi) construction materials used for constructing and maintaining roads, streets, bridges, sidewalks, and bicycle paths; (xii) a capital outlay project or projects consisting of any of the foregoing to be located, in whole or in part, in Bowman; (xiii) equipment used for constructing and maintaining roads, streets, bridges, sidewalks, and bicycle paths; and (xiv) all accompanying infrastructure and services necessary to provide access to roads, streets, bridges, sidewalks, and bicycle paths.
The ballots to be used at said election shall have written or printed thereon substantially the following:
"Shall a special one percent sales and use tax be imposed in the special district consisting of Elbert County for a period of time not to exceed five (5) years and for the raising of not more than an estimated amount of $9,840,000.00 for transportation purposes?"
( ) Yes ( ) No
The several places for holding said election shall be at the regular and established voting precincts of the election districts of Elbert County, Georgia, and the polls will be open from 7:00 a.m. to 7:00 p.m. on the date fixed for the election. In addition, early voting will be held between the hours of 8:00 a.m. and 5:00 p.m. on weekdays between February 25, 2019 and March 15, 2019 at the Elbert County Registrars Office as provided by law.
Those residents of Elbert County qualified to vote at said election shall be determined in all respects in accordance with the election laws of the State of Georgia.
This notice given pursuant to a Resolution of the Board of Commissioners of Elbert County, adopted on the 14th day of January, 2019, and an Order of the Judge of the Probate Court, executed on the 15th day of January, 2019.
/s/ Stephanie Hewell
Judge of the Probate Court
Elbert County, Georgia
2-6,13,20,27

Legals

486419
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF ELBERT
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Shameka J. Eberhardt to Mortgage Electronic Registration Systems, Inc., ("MERS"), as Nominee for Equisource Home Mortgage Corporation, dated Feb. 27, 2007, and recorded on March 8, 2007 as Book No. 438 and Page No. 55-70, Elbert County, Georgia records, as last assigned to U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust 2007-WFHE3, Asset-Backed Pass-Through Certificates, Series 2007-WFHE3 (the secured creditor), by assignment, conveying the after-described property to secure a note of even date in the original principal amount of $80,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the Elbert County Courthouse within the legal hours of sale on the first Tuesday in March, 2019, the following described property:
All that lot or parcel of land with improvements thereon, situate, lying and being in the 190th G.M.D., State of Georgia, County of Elbert, containing 5.36 acres, more of less, as shown on a plat recorded in the Office of Clerk of the Superior Court of Elbert County, Georgia, in Plat Book 16, Page 791; reference being made to said plat for a more complete and accurate description as to the metes, bounds and location of said property.
Said property is hereby conveyed subject to all easement, reservations and restrictions recorded in the aforesaid clerk's office.
Tax Map & Parcel Number: 065:53A
Said property being commonly known as 1174 Flatwoods Road, Elberton, Georgia 30635.
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. Because the debt remains 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, including attorney's fees (notice of intent to collect attorney's fees having been given).
U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust 2007-WFHE3, Asset-Backed Pass-Through Certificates, Series 2007-WFHE3 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. Wells Fargo Bank, N.A., acting on behalf of and, as necessary, in consultation with U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust 2007-WFHE3, Asset-Backed Pass-Through Certificates, Series 2007-WFHE3 (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44-14-162.2, Wells Fargo Bank, N.A. may be contacted at: Wells Fargo Bank, N.A., 3476 Stateview Blvd., Fort Mill, SC 29715, 800-288-3212. Please note that, pursuant to O.C.G.A. 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 1174 Flatwoods Road, Elberton, Georgia 30635 is/are: Shameka J. Eberhardt or tenant/tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
U.S. Bank National Association,
as Trustee for Citigroup Mortgage Loan Trust 2007-WFHE3,
Asset-Backed Pass-Through
Certificates, Series 2007-WFHE3
as Attorney in Fact for
Shameka J. Eberhardt
BARRETT DAFFIN FRAPPIER
TURNER & ENGEL, LLP
4004 Belt Line Road, Suite 100
Addison, Texas 75001
Telephone: 972-341-5398
00000008084683
This law firm is acting as a debt
collector attempting to collect a debt. Any information obtained will be used for that purpose.
2-6,13,20,27

Legals

487369
NOTICE OF SALE UNDER POWER
GEORGIA, ELBERT COUNTY
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt (with Future Advance Clause) from David A. Giannoni (the "Grantor") to Pinnacle Bank, ("Grantee"), dated May 7, 2012, filed and recorded May 16, 2012, in Deed Book 535, Page 118, Elbert County, Georgia Records, as modified by that certain Modification of Security Deed dated August 10, 2015, filed and recorded August 17, 2015, in Deed Book 585, Page 480, aforesaid records, as further modified by that certain Modification of Security Deed dated September 9, 2016, filed and recorded September 12, 2016, in Deed Book 603, Page 49, aforesaid records, as affected by that certain Quitclaim Deed of Release dated October 26, 2018, filed and recorded October 26, 2018, in Deed Book 636, Page 483, aforesaid records (as amended and modified, the "Security Deed"), conveying the after-described property to secure that Change in Terms Agreement, dated February 16, 2018, from Grantor payable to Grantee in the original principal amount of Two Million Thirty-Six Thousand Five Hundred Fifty and 41/100 ($2,036,550.41) (hereinafter and as amended "Note 1") and a Commercial Line of Credit Agreement and Disclosure in the original principal amount of Three Hundred One Thousand and 00/100 ($301,000.00) (hereinafter and as amended "Note 2") (Note 1 and Note 2 hereinafter collectively the "Note"), with interest thereon as set forth therein (the "Note"), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Elbert County, Georgia, within the legal hours of sale on the first Tuesday in March, 2019, the following described property:
Tract One: All that tract or parcel of land, with improvements thereon, situate, lying and being in the 189 G.M. District, Elbert County, Georgia, containing 112.61 acres, more or less; said property being delineated as Tract 1 in plat of survey by C. M. Rucker, R. S., dated March 14, 1988, recorded in Plat Book 13, page 163, Elbert County, Georgia records which plat is by reference made a part of this description; LESS AND EXCLUDING, THEREFROM, HOWEVER, a 0.744 acre tract as described in plat by Stacy C. Carroll, R.S., dated August 14, 1997, recorded in Plat Book 18, page 453, Elbert County, Georgia records which plats are by reference made a part of this description.
This being the same property conveyed by Central Granite Company, Inc. to David A. Giannoni, by deed, dated February 1, 2000, recorded in Deed Book 271, page 448, Elbert County, Georgia records which deed is by reference made a part of this description.
FURTHER LESS AND EXCEPT FROM TRACT ONE ABOVE, Tracts 2 and 3 within Quitclaim Deed for Release from Pinnacle Bank to David A. Giannoni, dated October 26, 2018, recorded October 26, 2018 in Deed Book 636 Page 483, Elbert County, Georgia records.
Tract Two: All that tract or parcel of land, with improvements thereon, situate, lying and being in the 189 G.M. District, Elbert County, Georgia, containing 14.20 acres, more or less; said property being bounded now or formerly as follows: West, North and East by property of Joe Giannoni, et al.; Southeast by County Road 306, known as Ruckersville Road; said property being described more particularly in plat of survey by C. M. Rucker, R.S., dated June 23, 1993, recorded in Plat Book 17, Page 183, Elbert County, Georgia records which plat is by reference made a part of this description.
This being the same property conveyed by Joe Giannoni and Betty Jane Giannoni to David A. Giannoni, by the following deeds: (1) dated June 21, 1988, recorded in Deed Book 163, page 887; (2) dated August 2, 1988, recorded in Deed Book 165, page 20; and (3) dated November 6, 1997, recorded in Deed Book 237, page 111, all Elbert County, Georgia records which deeds are by reference made a part of this description.
Tract Three: All that tract or parcel of land, with improvements thereon, situate, lying and being in the 189 G.M. District, Elbert County, Georgia, containing 0.744 acre, more or less; said property being bounded now or formerly as follows: East by lands of David A. Giannoni; and South and West by lands of Joe Giannoni, et al.; said property being described more particularly in plat of survey by Stacy C. Carroll, R.S., dated August 14, 1997, recorded in Plat Book 18, page 453, Elbert County, Georgia records which plat is be reference made a part of this description.
This being the same property conveyed by Joe Giannoni and Betty Jane Giannoni to David A. Giannoni, by deed, dated August 30, 1997, recorded in Deed Book 237, page 112, all Elbert County, Georgia records which deed is by reference made a part of this description.
FURTHER LESS AND EXCEPT:
All that tract or parcel of land, with improvements thereon, situate, lying and being in the 189 G.M. District, Elbert County, Georgia released by that certain Quitclaim Deed of Release, from Pinnacle Bank to David A. Giannoni, dated October 26, 2018, filed and recorded October 26, 2018, in Deed Book 636, Page 483, Elbert County, Georgia records, which said Quitclaim Deed of Release, including all exhibits thereto, are by reference made a part of this description.
The property described above (the "Real Property") will be sold together with the following (all of such real property, fixtures and personal property hereinafter being collectively referred to as the "Premises");
(a) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on the Real Property or under or above the same or any part thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the Real Property or any part thereof; or which hereinafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor;
(b) All of the Grantor's right, title and interest in and into all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Real Property, all fittings and fixtures, whether actually or constructively attached to the Real Property and including all attached machinery, equipment, apparatus, and all trade, domestic, and ornamental fixtures, appliances and articles of personal property of every kind and nature whatsoever, now or hereafter located in, upon, or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Grantor or in which Grantor has interests (hereinafter collectively called "Equipment"), including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, cooking, incinerating, and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards, plumbing, lifting, cleaning, fire prevention, fire extinguishing, and any other safety equipment required by governmental regulation or law, refrigerating, ventilating, and communications apparatus; all gas and electric fixtures, radiators, heaters, boilers, ranges, plumbing and heating fixtures, furnaces, oil burners, or units thereof; appliances; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators or refrigeration apparatus; dishwashers; attached cabinets; partitions; ducts and compressors; rugs and carpets; mirrors; mantles; draperies; carpeting and other floor coverings; furniture and furnishings; all building materials, supplies, and equipment, awning and storm sashes, which are or shall be attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles, inventory, accounts, automotive products of every kind and nature whatsoever now or hereafter owned by Grantor and located in, on or about, or used or intended to be used with or in connection with the use, operation or enjoyment of the Premises, including all extensions, additions, improvements, battlements, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest of Grantor in any such furnishings, furniture, fixtures, machinery, equipment, appliances, inventory, accounts, instruments and chattel pa per, general intangibles, documents, farm products and supplies, investment property, deposits, vehicles and other property, existing or hereafter acquired by Grantor, subject to or covered by the Security Deed or any security agreement, conditional sales contract, chattel mortgage or similar lien or claim with the Grantee, and replacements, substitutions and proceeds of the property described hereinabove; and
(c) All income, rents, issues, and profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether held by Grantor or in a trust account, and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same.
(d) All equipment and fixtures of the debtor used in or useful in the conduct of the debtor's operation of a business, now or hereafter acquired, and all accessories, parts and equipment now or hereafter affixed thereto or used in connection therewith.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable 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. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given as provided by law).
The Premises will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the Real Property, zoning ordinances, restrictions, covenants, easements against the Real Property, if any, and subject to any unpaid water and waste bills that constitute liens against the Real Property, whether due and payable or not yet due and payable. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the Premises in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
The following information is being provided in accordance with O.C.G.A. 44-14-162.2. Pinnacle Bank is the secured creditor under the Security Deed and loan being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated Note on behalf of the secured creditor: Pinnacle Bank Attn: Foreclosures, P.O. Box 430, Elberton, Georgia 30635, 706-213-3358. O.C.G.A. 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument."
To the best of the undersigned's knowledge and belief, the Real Property is known as: Land on Ruckersville Rd., Elberton, Elbert County, GA 30635 and 1276 Ruckersville Rd., Elberton, Elbert County, GA 30635, and the party in possession of the Premises is David A. Giannoni, or his tenant or tenants.
Pinnacle Bank,
as Attorney-in-Fact for
David A. Giannoni
THOMPSON, O'BRIEN, KEMP
& NASUTI, P.C.
40 Technology Parkway South,
Suite 300
Norcross, Georgia 30092
770-925-0111
This is notice that we are attempting
to collect a debt and any information obtained will be used for that purpose. This communication is from a
debt collector.
2-6,13,20,27

Legals

487034
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF ELBERT
Because of a default under the terms of the Security Deed executed by Judy C. Martin and William E. Martin Jr. to Mortgage Electronic Registration Systems, Inc., as nominee for Rocky Mountain Mortgage Specialists, Inc., its successors and assigns dated October 2, 2009, and recorded in Deed Book 492, Page 586, Elbert County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Nationstar Mortgage LLC, securing a Note in the original principal amount of $54,985.00, 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, March 5, 2019, 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, with improvements thereon, situate lying and being in the 191 G.M. District, Elbert County, Georgia, containing 1.72 acres, more or less; said property being bounded now or formerly as follows: West and North by R.L. Martin; East by Zack Smith; and South by County Road S 2215; said property being described more particularly in plat of survey by C.M. Rucker, R.S., dated October 18, 1985, recorded in Plat Book 14, Page 657, Elbert County, Georgia, records, which plat is by reference made a part of this description.
This being the same property described in a Warranty Deed from Victoria W. Baston to David Paul Baston, dated March 30, 2004, recorded on March 30, 2004, in Deed Book 365, at page 313 in the Office of the Clerk of the Superior Court of Elbert County, Georgia.
Said property is known as 2876 River Road, Elberton, GA 30635, 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 proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law.
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 secured creditor.
The property is or may be in the possession of Judy C. Martin, William E. Martin, Jr. and The Representative of the Estate of Judy C. Martin, successor in interest or tenant(s).
Nationstar Mortgage LLC
d/b/a Mr. Cooper
as Attorney-in-Fact for
Judy C. Martin and
William E. Martin Jr.
File no. 18-072208
SHAPIRO PENDERGAST & HASTY, LLP*
Attorneys and Counselors at Law
211 Perimeter Center Parkway, N.E.
Suite 300
Atlanta, GA 30346
770-220-2535/CH
shapiroandhasty.com
*The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
2-6,13,20,27

Legals

486227
NOTICE OF SALE UNDER POWER
GEORGIA, ELBERT COUNTY
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt (With Future Advance Clause) from Michael E. Mercer (the "Grantor") to Pinnacle Bank ("Grantee"), dated December 4, 2009, filed and recorded February 1, 2010 in Deed Book 498, Page 463, Elbert County, Georgia Records, as modified by that certain Modification of Deed to Secure Debt dated January 27, 2011, filed and recorded February 14, 2011, in Deed Book 514, Page 625, aforesaid records, as modified by that certain Modification of Deed to Secure Debt dated May 15, 2013, filed and recorded May 23, 2013 in Deed Book 552, Page 405, aforesaid records (as modified, the "Security Deed"), conveying the after-described property to secure that Promissory Note dated May 15, 2013 from Michael E. Mercer and Mary Alice Mercer to Grantee, in the original principal amount of One Million One Hundred Forty Nine Thousand Six Hundred Fifty One and 05/100 Dollars ($1,149,651.05) with interest thereon as set forth therein (as amended and renewed, the "Note"), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Elbert County, Georgia, within the legal hours of sale on the first Tuesday in March, 2019, the following described property:
All that tract or parcel of land, with improvements thereon, situate, lying and being in the 315th G.M. District, Elbert County, Georgia, containing 70.03 acres, more or less; said property being delineated as Tract 1 in plat of survey by Charles A. Cecchini, R.S., dated November 16, 1999, recorded in Plat Book 22, page 9, Elbert County, Georgia records; also included is a permanent right of way easement for ingress and egress to said property from Plantation Road; (County Road 183) as shown on said survey.
This being a portion of the property conveyed by Daisy Hudson Young to Michael E. Mercer, by deed, dated November 25, 1991, recorded in Deed Book 186, page 22, Elbert County, Georgia records which deed is by reference made a part of this description.
The property described above (the "Real Property") will be sold together with the following (all of such real property, fixtures and personal property hereinafter being collectively referred to as the "Premises");
(a) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on the Real Property or under or above the same or any part thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the Real Property or any part thereof; or which hereinafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor;
(b) All of the Grantor's right, title and interest in and into all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Real Property, all fittings and fixtures, whether actually or constructively attached to the Real Property and including all attached machinery, equipment, apparatus, and all trade, domestic, and ornamental fixtures, appliances and articles of personal property of every kind and nature whatsoever, now or hereafter located in, upon, or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Grantor or in which Grantor has interests (hereinafter collectively called "Equipment"), including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, cooking, incinerating, and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards, plumbing, lifting, cleaning, fire prevention, fire extinguishing, and any other safety equipment required by governmental regulation or law, refrigerating, ventilating, and communications apparatus; all gas and electric fixtures, radiators, heaters, boilers, ranges, plumbing and heating fixtures, furnaces, oil burners, or units thereof; appliances; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators or refrigeration apparatus; dishwashers; attached cabinets; partitions; ducts and compressors; rugs and carpets; mirrors; mantles; draperies; carpeting and other floor coverings; furniture and furnishings; all building materials, supplies, and equipment, awning and storm sashes, which are or shall be attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles, inventory, accounts, automotive products of every kind and nature whatsoever now or hereafter owned by Grantor and located in, on or about, or used or intended to be used with or in connection with the use, operation or enjoyment of the Premises, including all extensions, additions, improvements, battlements, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest of Grantor in any such furnishings, furniture, fixtures, machinery, equipment, appliances, inventory, accounts, instruments and chattel pa per, general intangibles, documents, farm products and supplies, investment property, deposits, vehicles and other property, existing or hereafter acquired by Grantor, subject to or covered by the Security Deed or any security agreement, conditional sales contract, chattel mortgage or similar lien or claim with the Grantee, and replacements, substitutions and proceeds of the property described hereinabove; and
(c) All income, rents, issues, and profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether held by Grantor or in a trust account, and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same.
(d) All equipment and fixtures of the debtor used in or useful in the conduct of the debtor's operation of a business, now or hereafter acquired, and all accessories, parts and equipment now or hereafter affixed thereto or used in connection therewith.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable 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. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given as provided by law).
The Premises will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, easements against the Premises, if any, and subject to any unpaid water and waste bills that constitute liens against the property, whether due and payable or not yet due and payable. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
The following information is being provided in accordance with O.C.G.A. 44-14-162.2. Pinnacle Bank is the secured creditor under the Security Deed and loan being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated Note on behalf of the secured creditor: Pinnacle Bank Attn: Foreclosures, P.O. Box 430, Elberton, Georgia 30635, 706-213-3352. O.C.G.A. 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument."
To the best of the undersigned's knowledge and belief, the Real Property is known as: 1224 Plantation Road, Elberton, Elbert County, GA 30635, and the parties in possession of the Premises are Michael E. Mercer and Mary Alice Mercer, or their tenant or tenants.
Pinnacle Bank,
as Attorney-in-Fact for
Michael E. Mercer
THOMPSON, O'BRIEN, KEMP
& NASUTI, PC
40 Technology Parkway South,
Suite 300
Norcross, Georgia 30092
770-925-0111
This is notice that we are attempting
to collect a debt and any information obtained will be used for that purpose. This communication is from a
debt collector.
2-6,13,20,27

Legals

487230
NOTICE OF FORECLOSURE OF RIGHT TO REDEEM PROPERTY
AFTER TAX SALE
STATE OF GEORGIA
COUNTY OF ELBERT
TO: Pamela Driscoll
Daniel Lee McGarity
Ford Motor Credit Company, LLC
State of Georgia
Elbert County Tax Commissioner
and any and all other persons, including the occupant, if any, with an interest in a tract of land in the 201st G.M.D. of Elbert County, Georgia, located on Browns Bridge Road, Bowman, Georgia, more particularly described below (Elbert County Tax Parcel No. 022-046A)
PLEASE TAKE NOTICE THAT:
The right to redeem the following described property, to wit:
All that tract of land being in the: State of Georgia, County of Elbert, 201st GMD, being 2.00 acres, more or less. Being Lot 1 as shown in Plat Book 28, Page 47 or as further described in Deed Book 457, Page 350. Being known as Tax Map & Parcel 002046A, Elbert County, Georgia.
will expire and be forever foreclosed and barred on and after the 11th day of March, 2019. This property is also known as Elbert County Tax Parcel No. 022-046A.
The tax deed to which this notice relates is dated the 1st day of August, 2017 (in connection with a tax sale conducted on August 1, 2017), and is recorded in the Office of the Clerk of the Superior Court of Elbert County, Georgia, in Deed Book 619 at pages 136-138.
The property may be redeemed at any time before the 11th day of March, 2019, by payment of the redemption price as fixed and provided by law to the undersigned at the following address: James Holmes, c/o Bill Daughtry, Attorney at Law, P.O. Box 6267, 704 Elbert Street, Elberton, Georgia 30635, TEL: 706-283-5543.
Please be governed accordingly.
This 4th day of February, 2019.
/s/ James Holmes
BILL DAUGHTRY, ATTORNEY AT LAW, LLC
P.O. Box 6267
Elberton, Georgia 30635
TEL: 706-283-5543
FAX: 706-283-6968
2-6,13,20,27

Legals

487860
NOTICE TO DEBTORS
AND CREDITORS
STATE OF GEORGIA
COUNTY OF ELBERT
IN RE: Estate of James Robert Trubell, deceased
All creditors of the estate of James Robert Trubell, deceased, late of Elbert 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 the undersigned.
This 5th day of February, 2019.
/s/ Faron Laviolette
Executor of James Robert Trubell, Deceased
BILL DAUGHTRY, ATTORNEY AT LAW, LLC
P. O. Box 6267
704 Elbert Street
Elberton, Georgia 30635
TEL 706-283-5543
FAX 706-283-6968
2-13,20,27,3-6

Legals

488713
LOGIC AND ACCURACY TESTING PUBLIC NOTICE
STATE OF GEORGIA
COUNTY OF ELBERT
Notice is hereby given that the logic and accuracy testing and preparation of voting equipment to be used in the March 19, 2019 Special Election will begin at 8:00 a.m. on Tuesday, February 19, 2019. Testing will continue from day to day until complete and members of the public are entitled to be present during testing. Said testing and preparation will be conducted at the Government Complex, 45 Forest Avenue, Elberton, Ga.
/s/ Stephanie Hewell
Election Superintendent
Elbert County
2-13

Legals

488358
IN THE PROBATE COURT
OF ELBERT COUNTY
STATE OF GEORGIA
IN RE: Estate of Dorothy Smith, Deceased
Estate No. 2019-16
PETITION FOR LETTERS
OF ADMINISTRATION
NOTICE
TO: Any Unknown Heirs and To Whom It May Concern
Martinna Dougall has petitioned for Patricia Bryant to be appointed Administrator of the estate of Dorothy Smith, deceased, of said County. The Petition has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. 53-12-261. 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 March 7, 2019.
BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth the grounds of any such objections. All objections should be sworn to before a notary public or before a Probate Court Clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party. Contact Probate Court personnel for the required amount of filing fees. 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.
/s/ Stephanie Hewell
Judge of the Probate Court
45 Forest Ave.
Elberton, GA 30635
2-13,20,27,3-6

Legals

488351
NOTICE TO DEBTORS
AND CREDITORS
All creditors of the estate of Billy Condis Todd, deceased, late of Elbert County, Georgia, 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 the undersigned.
This 8th day of February, 2019.
Rebecca Todd, Executor
P.O. Box 82
Bowman, GA 30624
2-13,20,27,3-6

Legals

487850
STATE OF GEORGIA
COUNTY OF ELBERT
IN RE: Estate of Danny A. Hunt, Sr., deceased
All creditors of the estate of Danny A. Hunt, Sr., deceased, late of Elbert 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 the undersigned.
This 5th day of February, 2019.
/s/ Emily Jean Davis Hunt
Executrix of Danny A. Hunt, Sr., Deceased
BILL DAUGHTRY, ATTORNEY AT LAW, LLC
P. O. Box 6267
704 Elbert Street
Elberton, Georgia 30635
TEL 706-283-5543
FAX 706-283-6968
2-13,20,27,3-6

The Elberton star

Mailing Address:
P.O. Box 280
Elberton, GA  30635

Phone: 706-283-8500
Fax: 706-283-9700