Legals

Legals

459312
IN THE SUPERIOR COURT
OF ELBERT COUNTY
STATE OF GEORGIA
Felix Franciso Medina, Plaintiff
vs.
Aqueda Medina, Defendant
Civil # 18-EV-268P
PUBLICATION NOTICE
TO: Aqueda Medina
You are hereby notified by Order of the Court for service of summons by publication dated September 3, 2018 that Plaintiff, Felix Franciso Medina, filed a Complaint for Divorce against you in Elbert County Superior Court on the 13th day of September, 2018. Within sixty days of the 13th day of September, 2018 you are hereby commanded and required to file with the Elbert County Superior Court Clerk and to serve upon Plaintiff's attorney, Charles R. Desiderio, 1080 Bowersville St., Royston, Georgia 30662, a written Answer to the Complaint.
Witness the Honorable Jeffery S. Malcom, Judge of Superior Court.
This 13th day of September, 2018.
/s/ Cindy R. King
Deputy Clerk, Superior Court
Elbert County, Georgia
Northern Judicial Circuit
9-26,10-3,10,17

Legals

461126
NOTICE TO DEBTORS
AND CREDITORS
STATE OF GEORGIA
COUNTY OF ELBERT
All creditors of the Estate of Clyde T. Adams, 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 25th day of September, 2018.
Sidney G. Adams
as Executor of the Estate of
Clyde T. Adams, deceased
JENKINS LAW, LLC
Attorney at Law
115 Heard Street
Elberton, Georgia 30635
706-283-8240
706-283-8948 Fax
johnsjenkins@bellsouth.net
10-3,10,17,24

Legals

461105
IN THE PROBATE COURT
OF ELBERT COUNTY
STATE OF GEORGIA
IN RE: Estate of Otha Perrin, Sr., Deceased
Estate No. 2018-112
PETITION FOR LETTERS
OF ADMINISTRATION
NOTICE
To whom it may concern:
Otha Perrin, Jr. has petitioned to be appointed Administrator of the estate of Otha Perrin, Sr., deceased, of said County. The Petitioner has also applied for waiver of bond and/or grant of certain powers contained in OCGA 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 October 29, 2018.
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
45 Forest Avenue, Suite 41
Elberton, Georgia 30635
Tel: 706-283-2016
RICHARD D. CAMPBELL, LLC
Post Office Box 117
5 N. Thomas Street
Elberton, Georgia 30635
706-283-5000
rdclaw@elberton.net
10-3,10,17,24

Legals

460203
NOTICE TO DEBTORS
AND CREDITORS
STATE OF GEORGIA
COUNTY OF ELBERT
IN RE: Estate of Timothy Adams Wilhite, deceased
All creditors of the estate of Timothy Adams Wilhite, 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 September, 2018.
Jodie W. Baston and
Joshua Clayton Wilhite
Co-Executors of
Timothy Adams Wilhite, Deceased
BILL DAUGHTRY,
ATTORNEY AT LAW, LLC
P. O. Box 520
Elberton, Georgia 30635
TEL 706-283-5543
FAX 706-283-6968
10-3,10,17,24

Legals

461432
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF ELBERT
By virtue of a Power of Sale contained in that certain Security Deed from Tarodrick D. Harper to United States of America acting through the Rural Housing Service or successor agency, United States Department of Agriculture, dated December 28, 2007 and recorded on December 28, 2007 in Deed Book 458, Page 98, in the Office of the Clerk of Superior Court of Elbert County, Georgia, said Security Deed having been given to secure a Note of even date, in the original principal amount of One Hundred Thirty-Seven Thousand Five Hundred and 00/100 dollars ($137,500.00) with interest thereon as provided therein, will be sold at public outcry to the highest bidder for cash before the courthouse door of Elbert County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday of November, 2018, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 197th G.M. District of Elbert County, Georgia, containing 1.316 acres, more or less, designated as Lot #9 of Block B of the Northwood Hills Subdivision, as shown on a Plat of Survey prepared by Bauknight & Associates, Inc., RLS, dated August 28, 1998, and recorded at Plat Book 18, Page 554, Elbert Superior Court Records to which reference is made for a true and accurate description of the metes and bounds of the property herein described. Said tract or parcel of land being bounded, now or formerly as follows: On the Northeast by Butler and Faulkner; on the Southeast by Lot 13, Block B, said subdivision; on the Southwest by Indian Springs Road; and on the Northwest by Lot 10, Block B, said subdivision.
Said property is subject to those restrictive covenants recorded in Deed Book 128, Pages 554-555, Elbert Superior Court Records.
Said property may more commonly be known as 1904 Indian Springs Road, Elberton, GA 30635.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt 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 (notice of intent to collect attorney's fees having been given).
The individual or entity that has full authority to negotiate, amend and modify all terms of the loan is United States of America acting through Rural Development or successor agency, United States Department of Agriculture, USDA Rural Development, Rural Housing Service, 1400 Independence Ave., SW, Rm 5014, Stop 0701, Washington, DC 20250-0701; 800-414-1226.
Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: a) zoning ordinances; b) matters which would be disclosed by an accurate survey or by an inspection of the property; c) any outstanding ad valorem taxes, including taxes, which constitute liens upon said property whether or not now due and payable; d) special assessments; e) the right of redemption of any taxing authority; f) all outstanding bills for public utilities which constitute liens upon said property; g) all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owners and party in possession of the property are Tarodrick D. Harper and or tenant(s). 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.
United States of America
acting through Rural Development
or successor agency, United States Department of Agriculture
as Attorney-in-Fact for
Tarodrick D. Harper.
Contact: PADGETT LAW GROUP
6267 Old Water Oak Road
Suite 203
Tallahassee, FL 32312;
850-422-2520
This is an attempt to collect a debt, any information obtained will be used for that purpose.
10-10,17,24,31

Legals

462747
NOTICE OF SALE UNDER POWER
GEORGIA, ELBERT COUNTY
By virtue of the Power of Sale contained in that certain Security Deed given from William Chadwick Moore to Regions Bank d/b/a Regions Mortgage, dated April 9, 2014, recorded April 14, 2014 in Deed Book 565, Page 464, Elbert County, Georgia records, said Security Deed having been given to secure a Note of even date in the principal amount of ONE HUNDRED THIRTY-EIGHT THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($138,200.00), with interest thereon as provided for therein, 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 November 2018 by Regions Bank d/b/a Regions Mortgage, as Attorney in Fact for William Chadwick Moore, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 202nd G.M. District, Elbert County, Georgia, containing 3.156 acres, more or less, and being bounded now or formerly as follows: on the north by a variable right-of-way for Georgia Highway No. 72, a twenty (20) foot ingress-egress easement along the centerline of a gravel drive, and Charles Randall Moore; on the northeast by Bobby Davis; and on the east, south, and west by Charles Randall Moore. Said property being more particularly described in a plat of survey prepared by Stacy C. Carroll, RLS, dated March 19, 2004, and recorded at Plat Book 25, Page 160, Elbert Superior Court Records to which reference is made for a true and accurate description of the metes and bounds of the property herein described.
Also conveyed herewith is a twenty (20) foot ingress-egress easement leading from Georgia Highway No. 72 across the lands now or formerly of Charles Randall Moore. This is a portion of that tract or parcel of land conveyed to Charles Randall Moore by quitclaim deed from Catherine Hendricks Moore and Barry Eugene Moore, dated December 31, 2002, and recorded at Deed Book 331, Pages 628-630, Elbert Superior Court Records. Tax ID#: 024-031B. Subject to any easements or restrictions of record.
Said property being known as 2115 Athens Hwy., Elberton, Georgia 30635 according to the present numbering system in Elbert County.
The indebtedness secured by said Security Deed has been declared due because of default under the terms of said Security Deed and Note. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: any superior Security Deeds of record; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is William Chadwick Moore or tenant(s). 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.
The name of the person or entity who has the full authority to negotiate, amend, and modify all terms of the mortgage is: Regions Bank, 7130 Goodlett Farms Parkway, Cordova, TN 38016 TEL 1-800-748-9498.
THE GEHEREN FIRM, PC
4828 Ashford Dunwoody Road
2nd Floor
Atlanta, GA 30338
TEL 678-587-9500
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
10-10,17,24,31

Legals

462547
SUMMARIES OF PROPOSED
CONSTITUTIONAL AMENDMENTS
Pursuant to requirements of the Georgia Constitution, Attorney General Christopher Carr, Secretary of State Brian P. Kemp, and Legislative Counsel Richard C. Ruskell hereby provide the summaries of the proposed constitutional amendments that will appear on the November 6, 2018, general election ballot for consideration by the people of Georgia (short captions are those adopted by the Constitutional Amendments Publication Board):

- 1 -
Creates the Georgia Outdoor Stewardship Trust Fund to protect water quality, wildlife habitat, and parks.
House Resolution No. 238
Resolution Act No. 414
Ga. L. 2018, p. 1138

"( ) YES
( ) NOWithout increasing the current state sales tax rate, shall the Constitution of Georgia be amended so as to create the Georgia Outdoor Stewardship Trust Fund to conserve lands that protect drinking water sources and the water quality of rivers, lakes, and streams; to protect and conserve forests, fish, wildlife habitats, and state and local parks; and to provide opportunities for our children and families to play and enjoy the outdoors, by dedicating, subject to full public disclosure, up to 80 percent of the existing sales tax collected by sporting goods stores to such purposes without increasing the current state sales tax rate?"
Summary
This proposal authorizes the General Assembly to provide for an annual allocation of up to 80 percent of the revenue derived from the state sales and use tax collected by sporting goods stores to a trust fund to be used for the protection and preservation of conservation land. Any law adopted pursuant to this proposal shall provide for automatic repeal not more than ten years after its effective date; however, such repeal date may be extended for a maximum of ten additional years. It amends Article III, Section IX, Paragraph VI of the Georgia Constitution by adding a new subparagraph (p).
A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.

- 2 -
Creates a state-wide business court to lower costs, enhance efficiency, and promote predictable judicial outcomes.
House Resolution 993
Resolution Act No. 410
Ga. L. 2018, p. 1130

"( ) YES
( ) NO
Shall the Constitution of Georgia be amended so as to create a state-wide business court, authorize superior court business court divisions, and allow for the appointment process for state-wide business court judges in order to lower costs, improve the efficiency of all courts, and promote predictability of judicial outcomes in certain complex business disputes for the benefit of all citizens of this state?"
Summary
This proposal creates a state-wide business court with state-wide jurisdiction for use under certain circumstances. It contains provisions relating to venue, jurisdiction, and powers of such court and provides for selection, terms, and qualifications of state-wide business court judges. It amends Article VI of the Georgia Constitution by revising Sections I, II, III, IV, and VII.
A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.

- 3 -
Encourages the conservation, sustainability, and longevity of Georgia's working forests through tax subclassification and grants.
House Resolution No. 51
Resolution Act No. 297
Ga. L. 2018, p. 1127

"( ) YES
( ) NO
Shall the Constitution of Georgia be amended so as to revise provisions related to the subclassification for tax purposes of and the prescribed methodology for establishing the value of forest land conservation use property and related assistance grants, to provide that assistance grants related to forest land conservation use property may be increased by general law for a five-year period and that up to 5 percent of assistance grants may be deducted and retained by the state revenue commissioner to provide for certain state administrative costs, and to provide for the subclassification of qualified timberland property for ad valorem taxation purposes?"
Summary
This proposal revises provisions subclassifying forest land conservation use property for ad valorem taxation purposes. It revises the methodology for establishing the value of forest land conservation use property and related assistance grants. The proposal also permits the subclassification of qualified timberland property for ad valorem taxation purposes. It amends Article VII, Section I, Paragraph III of the Georgia Constitution by revising subparagraph (f) and by adding a new subparagraph (f.1).
A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.

- 4 -
Provides rights for victims of crime in the judicial process.
Senate Resolution No. 146
Resolution Act No. 467
Ga. L. 2018, p. 1139

"( ) YES
( ) NO
Shall the Constitution of Georgia be amended so as to provide certain rights to victims against whom a crime has allegedly been perpetrated and allow victims to assert such rights?"
Summary
This proposal recognizes certain rights of victims against whom a crime has been perpetrated and provides for the enforcement of such rights. It amends Article I, Section I of the Georgia Constitution by adding a new Paragraph XXX.
A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.

- 5 -
Authorizes fair allocation of sales tax proceeds to county and city school districts.
Senate Resolution No. 95
Resolution Act No. 278
Ga. L. 2017, p. 857

"( ) YES
( ) NO
Shall the Constitution of Georgia be amended so as to authorize a referendum for a sales and use tax for education by a county school district or an independent school district or districts within the county having a majority of the students enrolled within the county and to provide that the proceeds are distributed on a per student basis among all the school systems unless an agreement is reached among such school systems for a different distribution?"
Summary
This proposal authorizes a county school district or an independent school district or districts within the county having a majority of the students enrolled within the county to call for a referendum for a sales and use tax for education and provides that the proceeds are distributed on a per student basis among all the school systems unless an agreement is reached among such school systems for a different distribution. It amends Article VIII, Section VI, Paragraph IV of the Constitution by revising subparagraphs (a) and (g).
A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.

SUMMARIES OF PROPOSED STATE-WIDE REFERENDUM
QUESTIONS

Pursuant to Code Section 21-2-4 of the O.C.G.A., the Secretary of State is authorized to include with the summaries of proposed constitutional amendments summaries of any state-wide referendum questions to be voted on at the same general election:

- A -
Provides for a homestead exemption for residents of certain municipal corporations.
House Bill No. 820
Act No. 346
Ga. L. 2018, p. 235

"( ) YES
( ) NO
Do you approve a new homestead exemption in a municipal corporation that is located in more than one county, that levies a sales tax for the purposes of a metropolitan area system of public transportation, and that has within its boundaries an independent school system, from ad valorem taxes for municipal purposes in the amount of the difference between the current year assessed value of a home and the adjusted base year value, provided that the lowest base year value will be adjusted yearly by 2.6 percent?"
Summary
This proposal authorizes a new homestead exemption from ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year value of such homestead. This exemption would only apply to persons residing in a municipal corporation that is located in more than one county, that levies a sales tax for the purposes of a metropolitan area system of public transportation, and that has within its boundaries an independent school system. It enacts Code Section 48-5-44.1 of the Official Code of Georgia Annotated.
If approved by a majority of the voters, the Act becomes effective on January 1, 2019, and applies to all tax years beginning on or after that date.

- B -
Provides a tax exemption for certain homes for the mentally disabled.
House Bill No. 196
Act No. 25
Ga. L. 2017, p. 55

"( ) YES
( ) NO
Shall the Act be approved which provides an exemption from ad valorem taxes on nonprofit homes for the mentally disabled if they include business corporations in the ownership structure for financing purposes""
Summary
This proposal clarifies that the existing exemption from ad valorem taxation for nonprofit homes for the mentally disabled applies even when financing for construction or renovation of the homes is provided by a business corporation or other entity. It amends paragraph (13) of Code Section 48-5-41 of the Official Code of Georgia Annotated.
If approved by a majority of the voters, the Act becomes effective on January 1, 2019, and applies to all tax years beginning on or after that date.
10-10,17,24

Legals

462611
NOTICE TO DEBTORS
AND CREDITORS
All creditors of the estate of Kenneth Orin Blackmon Jr., 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 10th day of October, 2018.
Amy Blackmon Goff
1498 Otterville Road
Bedrord, VA 24523
10-10,17,24,31

Legals

463541
IN THE JUVENILE COURT
OF ELBERT COUNTY
STATE OF GEORGIA
IN THE INTEREST OF:
B.S., Male, 10 years
DOB: 5-14-2008
Case No. 052-18J-107
K.S., Male, 1 year
DOB: 3-20-2017
Case No. 052-18J-108
Children Under 18 Years of Age
Mother: Brenquisha Smith
No Legal Father
NOTICE OF SUMMONS
To:Brenquisha Smith, Rockyell Parece Hall, any unknown father and any other person claiming paternity of the above-named children.
You are hereby notified that the above-styled action, which seeks the termination of parental rights was filed against you in the Juvenile Court of Elbert County, Georgia on the 4th day of October, 2018. The mother of the children is Brenquisha Smith.
The petition alleges that the above-named children are dependent children based upon neglect and abandonment and that it would be in the children's best interest that the parents' parental rights be terminated. The children are currently in the temporary custody of the Elbert County Department of Family and Children Services.
By reason of an order for publication filed on or about the 4th day of October, 2018,
YOU ARE HEREBY COMMANDED AND REQUIRED to appear before the Juvenile Court of Elbert County, Georgia on the 6th day of December, 2018 at 9:30 o'clock a.m. at the Elbert County Government Complex, 45 Forest Avenue, Elberton, Georgia 30635.
The biological father who is not the legal father is hereby notified that:
You may lose all rights to the children named in this petition and will not be entitled to object to the termination of your rights to such children unless, within 30 days of receipt of notice, you file:
(1) A petition to legitimate such children; and
(2) Notice of the filing of the petition to legitimate with the court in which the termination of parental rights proceeding is pending.
NOTICE OF EFFECT OF
TERMINATION JUDGMENT
Georgia law provides that you can permanently lose your rights as a parent. A petition to terminate parental rights has been filed requesting the court to terminate your parental rights to your children. A copy of the petition may be obtained from the Clerk of Elbert County Juvenile Court, located at 12 S. Oliver Street, Elberton, GA 30635, during normal business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester.
A court hearing for your case has been scheduled for the 6th day of December, 2018 at 9:30 a.m. at the Elbert County Juvenile Court, Elbert County Government Complex, 45 Forest Avenue, Elberton, Georgia.
If you fail to appear, the court can terminate your parental rights in your absence.
If the court at the trial finds that the facts set out in the petition to terminate parental rights are true and that termination of your rights will serve the best interests of your children, the court can enter a judgment ending your rights to your children.
If the judgment terminates your parental rights, you will no longer have any rights to your children. This means that you will not have the right to visit, contact, or have custody of your children or make any decisions affecting your children or your children's earnings or property. Your children will be legally freed to be adopted by someone else.
Even if your parental rights are terminated:
(1) You will still be responsible for providing financial support (child support payments) for your children's care unless and until your children are adopted; and
(2) Your children can still inherit from you unless and until your children are adopted.
This is a very serious matter. You should contact an attorney immediately so that you can be prepared for the court hearing. You have the right to hire an attorney and to have him or her represent you. If you cannot afford to hire an attorney, the court will appoint an attorney if the court finds that you are an indigent person. Whether or not you decide to hire an attorney, you have the right to attend the hearing of your case, to call witnesses on your behalf, and to question those witnesses brought against you.
If you have any questions concerning this notice, you may call the telephone number of the clerk's office which is: 706283-2005.
If you want a lawyer appointed to represent you, you must contact the Court or the officer of this Court responsible for determining whether or not you are indigent. Said office is located at The Office of the Public Defender of the Northern Judicial Circuit, 461 Cook Street, Suite J, Royston, Georgia 30662, and the telephone number is 706-246-9320.
WITNESS the Honorable Warren C. Caswell, Judge of said Court.
SO ORDERED, this the 4th day of October, 2018.
Leigh Starrett, Clerk
Juvenile Court of Elbert County, Georgia
10-10,17,24,31

Legals

462616
IN THE PROBATE COURT
OF ELBERT COUNTY
STATE OF GEORGIA
IN RE: Estate of Payne Merritt Pratt, Minor
Estate No. 2018-113
NOTICE
TO: Melissa Pratt and Terry Rowland
You are hereby notified that Jennifer Callaway has filed a Petition seeking to be appointed temporary guardian of the above-named Minor. All objections to the Petition to the appointment of a temporary guardian or the appointment of the Petitioner as temporary guardian, must be in writing, setting forth the grounds of any such objections, and be filed with this Court no later than ten (10) days after the second publication of this notice if you are served by publication. All objections should be sworn to before a notary pubic or Georgia 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.
NOTE: If a natural guardian files a timely objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natural guardian files an objection to the appointment of the Petitioner as guardian, or if a parent who is not a natural guardian files an objection to the Petition, a hearing on the matter shall be scheduled at a later date. If no objections is filed, the Petitioner may be granted without a hearing.
/s/ Stephanie Hewell
45 Forest Ave.
Elberton, GA 30635
706-283-2018
10-10,17

Legals

459422
NOTICE OF SALE UNDER POWER
GEORGIA, ELBERT COUNTY
Under and by virtue of the Power of Sale contained in a Security Deed given by Alton E Jones to Mortgage Electronic Registration Systems, Inc., as nominee for Mid-Atlantic Financial Services, Inc., its successors and assigns, dated December 12, 2008, recorded in Deed Book 478, Page 520, Elbert County, Georgia Records and as re-recorded in Deed Book 582, Page 191, Elbert County, Georgia Records, as last transferred to Wells Fargo Bank, N.A. by assignment recorded in Deed Book 522, Page 478, Elbert County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY THOUSAND AND 0/100 DOLLARS ($50,000.00), 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 November, 2018, the following described property:
All that tract or parcel of land, with improvements thereon, situate, lying and being in the City of Elberton, Elbert County, Georgia on the west side of South Oliver Street, said lot fronting 53 feet on said South Oliver Street and running back in parallel lines for a distance of 210 feet; being a portion of Lot 1 of the P.F.S. Bruce Subdivision, as shown in a plat of survey by Dean H. Teasley, G.R.L.S. #1898 for Primary Capital Advisors, dated November 14, 2002, recorded in Plat Book 21, Page 303, Elbert County, Georgia records.
This being the same property described in a Deed Under Power of Sale from Granite City Bank, Attorney-in-Fact for Kenneth O. Blackmon, Jr. to Granite City Bank, dated June 2, 1992 and recorded in Deed Book 190, Pages 288-289, Elbert County, Georgia records. This sale having been confirmed by and Order of the Superior Court of Elbert County, dated July 8, 1992, is filed in Civil Action No. 92EV-547-G.
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 Alton E Jones and Estate of Alton E. Jones or a tenant or tenants and said property is more commonly known as 234 South Oliver Street, 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
Alton E Jones
MCCALLA RAYMER LEIBERT PIERCE, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
Our file no. 53007610-FT5
This is an attempt to collect a debt. Any information obtained will be used for that purpose.
10-10,17,24,31

Legals

462631
NOTICE OF SALE UNDER POWER
ELBERT COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Cody E. Gunter to Mortgage Electronic Registration System as nominee for Primary Capital Advisors LC dated September 27, 2012 and recorded in Deed Book 541 Page 469 Elbert County, Georgia records; as last transferred to or acquired by Wells Fargo Bank, NA, conveying the after-described property to secure a Note in the original principal amount of $147142.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Elbert County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on November 6, 2018 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 191st G.M. District, Elbert County, Georgia, containing 2.655 acres, more or less, and being delineated as Tracts 1 and 3 on a Plat of Survey prepared by Herman W. Jordan, RS, dated April 23, 1996, and recorded at Plat Book 19, Page 212, Elbert Superior Court Records to which reference is made for a true and accurate description of the metes and bounds of the property herein described.
This is that same tract or parcel of land conveyed to Cody E. Gunter by Executor's Deed under Power from Angela Smith Johnson, Individually and as Executrix of the Last Will and Testament of Terry Mark Johnson, deceased, dated September 27, 2012, and recorded at Deed Book 541, Pages 467-468, Elbert Superior Court Records.
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 is commonly known as 2363 Washington Highway, Elberton, GA 30635 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Cody E. Gunter or tenant or tenants.
Wells Fargo Bank, NA is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
Wells Fargo Bank, NA, Loss Mitigation, 3476 Stateview Boulevard, Fort Mill, SC 29715; 1-800-678-7986
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject 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 non-judicial 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 immediately above.
Wells Fargo Bank, NA
as agent and Attorney in Fact for
Cody E. Gunter
ALDRIDGE PITE, LLP
15 Piedmont Center
3575 Piedmont Road, N.E., Suite 500
Atlanta, Georgia 30305,
404994-7637
1000-11857A
This law firm may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
10-10,17,24,31

Legals

464494
SECOND OFFENSE DUI
18SR53
Moriah Mills of 423 Elm Street, Elberton, Ga, was stopped and charged with Second Offense DUI on February 2, 2018, on Indian Hill Road, Elberton, Ga. She pled guilty and was sentenced before the Honorable John S. Jenkins, Judge, Elbert County State Court on September 7, 2018. The defendant was to be incarcerated for 3 days, and to complete 12 months of probation; while on probation, she is to pay a fine of $600, plus all surcharges. She is to do 40 hours of community service work and complete an alcohol/drug treatment/counseling program. An automated interlock ignition device will need to be installed in any vehicle she drives.
10-17

Legals

464511
SECOND OFFENSE DUI
18SR154
Paige Terry of 1909 Sunrise Court, Elberton, Ga, was stopped and charged with Second Offense DUI on April 13, 2018, on Jaudon Road, Elberton, Ga. She pled guilty and was sentenced before the Honorable John S. Jenkins, Judge, Elbert County State Court on September 7, 2018. The defendant was to be incarcerated for 48 hours, and to complete 12 months of probation; while on probation, she is to pay a fine of $600, plus all surcharges. She is to do 240 hours of community service work and complete an alcohol/drug treatment/counseling program. An automated interlock ignition device will need to be installed in any vehicle she drives.
10-17

Legals

464513
SECOND OFFENSE DUI
18SR111
Toni Hendrix of 185 South Thomas Street, Elberton, Ga, was stopped and charged with Second Offense DUI on March 18, 2018, at 2028 Harpers Ferry Road, Elberton, Ga. She pled guilty and was sentenced before the Honorable John S. Jenkins, Judge, Elbert County State Court on September 7, 2018. The defendant was to be incarcerated for 10 days, and to complete 12 months of probation; while on probation, she is to pay a fine of $750, plus all surcharges. She is to do 240 hours of community service work and complete an alcohol/drug treatment/counseling program. An automated interlock ignition device will need to be installed in any vehicle she drives.
10-17

Legals

464914
NORTHEAST GEORGIA REGIONAL COMMISSION
AREA AGENCY ON AGING
SCHEDULES PUBLIC HEARINGS ON AREA PLAN
Two Public Hearings on the State Fiscal Year 2020 Area Plan for the Northeast Georgia Regional Commission - Area Agency on Aging Planning and Service Area which includes Barrow, Clarke, Elbert, Greene, Jackson, Jasper, Madison, Morgan, Newton, Oconee, Oglethorpe, and Walton Counties will take place on the following dates, times, and locations:
1. Monday, December 3, 2018 at 10:00 a.m. at Athens Community Council on Aging, 135 Hoyt Street, Athens, GA 30601; and
2. Wednesday December 5, 2018 at 10:00 a.m. at Jackson County Senior Center, 151 Stan Evans Drive, Jefferson, GA 30549.
These hearings are held to inform Northeast Georgia's residents of Aging Services' plan(s) for State Fiscal Year 2020 and to provide citizens with an opportunity to discuss issues relevant to the Northeast Georgia Planning and Service Area. All interested parties are encouraged to attend these hearings. The Department of Human Services - Division of Aging Services is the sponsoring agent for programs or services offered in the planning and service area. If additional information is needed, contact Peggy Jenkins at 706-583-2546 extension 101 or via e-mail at pjenkins@negrc.org.
10-17

Legals

464515
NOTICE TO DEBTORS
AND CREDITORS
All creditors of the estate of Hazel A. Smith, 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 10th day of October, 2018.
/s/ Jeffrey S. Smith
139 Park St.
Elberton, GA 30635
10-17,24,31,11-7

The Elberton star

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

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

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