Legals

Legals

471178
NOTICE OF FORECLOSURE OF RIGHT TO REDEEM PROPERTY
AFTER TAX SALE
STATE OF GEORGIA
COUNTY OF ELBERT
TO: Estate of Odell Bennett
Heirs Known and Unknown of Odell Bennett
Kathy Bennett
Tammy Lunsford
Robin Davis
Pamela Hill
Elbert County Tax Commissioner
Hospital Authority of Clarke County d/b/a Athens Regional Medical Center n/k/a Piedmont Athens Regional
Capital One Bank
Phoenix Recovery Group Inc. Assignee of Sears National Bank
Department of the Treasury - Internal Revenue Service
Wellington Acquisitions LP as Assignee of Advanta
and any and all other persons, including the occupant, if any, with an interest in a tract of land in the 201st G.M. District of Elbert County, Georgia, located at 130 West Hendricks Street, Bowman, Georgia, more particularly described below (Elbert County Tax Parcel No. B02-028)
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, City of Bowman, being 0.68 acres, more or less. As shown in Deed Book 230, Page 36. Or as further described as Tract 3 in Deed Book 448, Page 359. Being known as Tax Map & Parcel B02-028, Elbert County, Georgia.
will expire and be forever foreclosed and barred on and after the 24th day of December, 2018. This property is also known as Elbert County Tax Parcel No. B02-028.
The tax deed to which this notice relates is dated the 7th day of March, 2017 (in connection with a tax sale conducted on March 7, 2017), and is recorded in the Office of the Clerk of the Superior Court of Elbert County, Georgia, in Deed Book 611 at pages 603-605.
The property may be redeemed at any time before the 24th day of December, 2018, by payment of the redemption price as fixed and provided by law to the undersigned at the following address: Mischelle Dickerson Bishop and B. Jason Dickerson, 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 8th day of November, 2018.
Mischelle Dickerson Bishop
B. Jason Dickerson
BILL DAUGHTRY, ATTORNEY AT LAW, LLC
P.O. Box 6267
Elberton, Georgia 30635
TEL: 706-283-5543
FAX: 706-283-6968
11-14,20,28,12-5

Legals

471185
NOTICE OF FORECLOSURE OF RIGHT TO REDEEM PROPERTY
AFTER TAX SALE
STATE OF GEORGIA
COUNTY OF ELBERT
TO: Estate of Odell Bennett
Heirs Known and Unknown of Odell Bennett
Kathy Bennett
Tammy Lunsford
Robin Davis
Pamela Hill
Elbert County Tax Commissioner
Hospital Authority of Clarke County d/b/a Athens Regional Medical Center n/k/a Piedmont Athens Regional
Capital One Bank
Phoenix Recovery Group Inc. Assignee of Sears National Bank
First National Bank in Elberton n/k/a Pinnacle Bank
Department of the Treasury - Internal Revenue Service
Wellington Acquisitions LP as Assignee of Advanta
and any and all other persons, including the occupant, if any, with an interest in a tract of land in the 201st G.M. District of Elbert County, Georgia, located at 140 West Hendricks Street, Bowman, Georgia, more particularly described below (Elbert County Tax Parcel No. B02-029)
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, City of Bowman, 201st GMD, being 0.49 acres, more or less. As shown in Plat Book 14, Page 669. Or as further described in Tract 2 in Deed Book 448, Page 359. Being known as Tax Map & Parcel B02029, Elbert County, Georgia.
will expire and be forever foreclosed and barred on and after the 24th day of December, 2018. This property is also known as Elbert County Tax Parcel No. B02-029
The tax deed to which this notice relates is dated the 1st day of November, 2016 (in connection with a tax sale conducted on November 1, 2016), and is recorded in the Office of the Clerk of the Superior Court of Elbert County, Georgia, in Deed Book 605 at pages 631-633.
The property may be redeemed at any time before the 24th day of December, 2018, by payment of the redemption price as fixed and provided by law to the undersigned at the following address: Mary Joyce Hamm-Sylvester, 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 8th day of November, 2018.
Mary Joyce Hamm-Sylvester
BILL DAUGHTRY, ATTORNEY AT LAW, LLC
P.O. Box 6267
Elberton, Georgia 30635
TEL: 706-283-5543
FAX: 706-283-6968
11-14,20,28,12-5

Legals

471210
NOTICE TO CREDITORS
STATE OF GEORGIA
COUNTY OF ELBERT
IN THE PROBATE COURT OF SAID STATE AND COUNTY
To the creditors of Frances Martin Spivey, deceased:
You are hereby notified to render to the undersigned of your demands against the estate of the above-named deceased, or lose priority as to your cliam.
This 7th day of November, 2018.
/s/ Mary Catherine Spivey Johnston
P.O. Box 1723
Gray, GA 31032
ROBERT A. JOHNSON
17 E. Church Street
P.O. Box 6108
Elberton, GA 30635
706-283-8222
11-14,20,28,12-5

Legals

471644
NOTICE TO DEBTORS
AND CREDITORS
All creditors of the estate of Thomas Norman Robinson, 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 30th day of October, 2018.
Jennifer R. Moon
1079 Willis Road
Elberton, GA 30635
11-14,20,28,12-5

Legals

472811
IN THE PROBATE COURT
OF ELBERT COUNTY
STATE OF GEORGIA
IN RE: James A. Stansell, Deceased
Estate No. 2018-128
NOTICE OF PETITION TO FILE
FOR YEAR'S SUPPORT
The Petition of Mary Jane Stansell for a year's support from the estate of James A. Stansell, Deceased, for Decedent's Surviving Spouse having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before December 13, 2018, why said Petition should not be granted.
All objections to the Petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. 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
706-283-2016
11-20,28,12-5,12

Legals

474047
IN THE PROBATE COURT
OF ELBERT COUNTY
STATE OF GEORGIA
IN RE: Estate of James Clinton Bowen, Deceased
Estate No. 2018-13-
PETITION FOR LETTERS
OF ADMINISTRATION
NOTICE
To Whom It May Concern:
Eileen F. Bowen has petitioned to be appointed Administrator of the estate of James Clinton Bowen, deceased, of Palm Bay, Florida. The Petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. 52-12-261. 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 December 20, 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 of the Probate Court
45 Forest Ave.
Elberton, GA 30635
706-283-2016
ROBERT A. JOHNSON
17 E. Church St.
P.O. Box 6108
Elberton, GA 30635
11-28,12-5,12,19

Legals

475251
NOTICE OF REDEMPTION
FORECLOSURE
STATE OF GEORGIA
COUNTY OF ELBERT
RE: Property of Patricia A. Dias (Estate and Heirs Known and Unknown) and Cathy Brown Dias
Map & Parcel No. 012-098C
Tax Sale of September 1, 2015, to Charles Neil Barton and Marilyn Barton
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, 197th GMD, being 2.00 acres, more or less. Being Tract 5. As shown in Plat Book 19, Page 251 in the Office of the Clerk of the Superior Court of Elbert County, Georgia. Or as further described in Deed Book 512, Page 324 and Deed Book 231, Page 55 in the said Clerk's office. Being known as Tax Map & Parcel 012098C, Elbert County, Georgia.
Tax Parcel No. 012-098C
will expire and be forever foreclosed and barred on and after the 15th day of January, 2019.
The Tax Sale Deed to which this notice relates is dated September 01, 2015, and was recorded on September 23, 2015, at Deed Book 587, Pages 045-047, Elbert Superior Court Records.
The property may be redeemed at any time before the 15th day of January, 2019, by payment of the redemption price as fixed and provided by law to the following address: John Stephen Jenkins, Attorney, Jenkins Law, LLC, 115 Heard Street, Elberton, GA 30635.
Please be governed accordingly.
This 29th day of November, 2018.
John Stephen Jenkins
JENKINS LAW, LLC
Attorney at Law
115 Heard Street
Elberton, Georgia 30635
706-283-8240
johnsjenkins@bellsouth.net
12-5,12,19,26

Legals

475181
NOTICE TO DEBTORS
AND CREDITORS
STATE OF GEORGIA
COUNTY OF ELBERT
TO THE DEBTORS AND CREDITORS OF BETTY H. LESTER, DECEASED:
All creditors of the Estate of Betty H. Lester, 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 the 5th day of December, 2018.
/s/ J. Kenneth Sanders,
Executor of the Estate of
Betty H. Lester, Deceased
c/o Robert F. Leverett, Esq.
Post Office Drawer 399
25 South Thomas Street
Elberton, Georgia 30635-0399
ROBERT F. LEVERETT, LLC
25 South Thomas Street
Post Office Drawer 399
Elberton, Georgia 30635-0399
TEL: 706-283-2651
FAX: 706-283-2670
12-5,12,19,26

Legals

475400
NOTICE TO DEBTORS
AND CREDITORS
STATE OF GEORGIA
COUNTY OF ELBERT
All creditors of the Estate of Walter O'Neal Dixon, 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 29th day of November, 2018.
Judith Carrington Dixon,
as Executor of the Estate of
Walter O'Neal Dixon, deceased
JENKINS LAW, LLC
Attorney at Law
115 Heard Street
Elberton, Georgia 30635
706-283-8240
706-283-8948 Fax
johnsjenkins@bellsouth.net
12-5,12,19,26

Legals

473061
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF ELBERT
Under and by virtue of the power of sale contained with that certain Security Deed dated June 9, 2016, from Heather F. Montgomery to Mortgage Electronic Registration Systems, Inc., as nominee for Pinnacle Bank, recorded on June 9, 2016 in Deed Book 598 at Page 286 Elbert County, Georgia records, having been last sold, assigned, transferred and conveyed to First Bank by Assignment and said Security Deed having been given to secure a note dated June 9, 2016, in the amount of $85,861.00, and said Note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Elbert County, Georgia, on January 2, 2019 the following described real property (hereinafter referred to as the "Property"):
All that tract or parcel or land, with improvements thereon, lying and being on the southwest side of Lake Forest Drive in the City of Elberton, Elbert County, Georgia, being known as Lot 11, Plat No. 7, of the Forest Hills Subdivision, being bounded now or formerly as follows: northeast by Lake Forest Drive; southeast by Lot No. 13; southwest by Lot No. 12; and northwest by Lot No. 9. Said property is more particularly described and delineated on a plat of survey by C.M. Rucker, C.E., Dated February 13, 1962, recorded in Plat Book 4 at Page 334 in the Office of the Clerk of the Superior Court of Elbert County, Georgia, said plat and the recording thereof being expressly by reference incorporated herein. Being the same property described in a warranty deed recorded in Deed Book 72 at Page 550 in the Office of the Clerk of the Superior Court of Elbert County, Georgia, said deed and the recording thereof being expressly by reference incorporated herein. And also all that tract or parcel or land, with improvements thereon, lying and being in the City of Elberton in the 189th G.M. District of Elbert County, Georgia, having a frontage on the north side of Arnold Street for a distance of 75 feet and extending back in a northerly direction between two parallel lines for a distance of 120 feet, and being bounded, now or formerly as follows: north by Lot No. 11; east by Lot No. 14; south by Arnold Street; and west by Lot No. 10. Said property is more particularly described and delineated as Lot No. 12 of plat 7 of Forest Hills Development Company, as per plat of survey by A.P. Stephens, dated October 30, 1952, recorded in Plat Book 2 at Page 218 in the Office of the Clerk of the Superior Court of Elbert County, Georgia, said plat and the recording thereof being expressly by reference incorporated herein. Being the same property described in a warranty deed recorded in Deed Book 94 at Page 773 in the Office of the Clerk of the Superior Court of Elbert County, Georgia, said deed and the recording thereof being expressly by reference incorporated herein.
The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law.
To the best of the undersigned's knowledge, the person(s) in possession of the property is Heather F. Montgomery. The property, being commonly known as 126 Lake Forest Dr. , Elberton, GA, 30635 in Elbert County, will be sold as the property of Heather F. Montgomery, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Pursuant to O.C.G.A.Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Cenlar FSB, Attn: FC 425 Phillips Blvd, Ewing, NJ 08618, 800-223-6527. The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
Albertelli Law Attorney for Firstbank
as Attorney in Fact for
Heather F. Montgomery
100 Galleria Parkway, Suite 960
Atlanta, GA 30339
Phone: 770-373-4242
8-026944 A-4674956
By: Cory Sims For the Firm
This firm is acting as a debt collector attempting to collect a debt. Any
information obtained will be used for that purpose.
12-5,12,19,26

Legals

473896
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY of ELBERT
By virtue of the power of sale contained in that certain Deed to Secure Debt from Notice of Sale Under Power to Mortgage Electronic Registration Systems, Inc., as Nominee for Plaza Home Mortgage, Inc. dated December 15, 2008, filed for record December 30, 2008, and recorded in Deed Book 479, Page 25, Elbert County, Georgia Records, as last transferred to Wells Fargo Bank, N.A. by assignment recorded in Deed Book 535, Page 343, Elbert County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated December 15, 2008 in the original principal sum of ONE HUNDRED NINE THOUSAND SIX HUNDRED AND 0/100 DOLLARS ($109,600.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at 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 Wednesday in January, 2019, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 193rd G.M. District of Elbert County, Georgia, containing 4.603 acres, more or less, and being more particularly described in a plat of survey by C.M. Rucker, R.S., Dated March 8, 1993, recorded in Plat Book 17, at Page 174, 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: on the north, east and south east by Allen Burt Ruff; on the south west by and 80 feet right-of-way being county road no. 301 a/k/a the D.C. Dixon road; on the west and northwest by Allen Burt Ruff; and
Being the same property conveyed to Mitchell K. Ruff by warranty deed dated July 17, 1986 and recorded on July 18, 1986 in Deed Book 153, Page 593 in the office of the clerk of the county court of Elbert County, Georgia; and
Thereafter, being the same property conveyed to Mitchell K. Ruff by warranty deed dated April 16, 1993 and recorded on the same day in Deed Book 197, Page 454 in the office of the clerk of the county court of Elbert County, Georgia; and
Thereafter, being the same property conveyed to Mitchell K. Ruff and Lisa B. Ruff by warranty deed dated November 25, 2003 and recorded on December 1, 2003 in Deed Book 358, Page 117 in the office of the clerk of the county court of Elbert County, Georgia.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Mitchell K. Ruff and Lisa B. Ruff or a tenant or tenants. Said property may more commonly be known as: 1144 River Road, Elberton, GA 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, 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 Wells Fargo Bank, N.A., 3476 Stateview Blvd., MAC# X7801-013, Fort Mill, SC 29715-7203; 800-868-0043.
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 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. 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.
*Auction services to be provided by Auction.com (www.auction.com)*
Wells Fargo Bank, N.A.
as Attorney-in-Fact for
Mitchell K. Ruff
Lisa B. Ruff
PHELAN HALLINAN DIAMOND
& JONES, PLLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
Telephone: 770-393-4300
Fax: 770-393-4310
PH # 39684
This law firm is acting as a debt
collector. Any information obtained
will be used for that purpose.
12-5,12,19,26

Legals

474638
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 Catherine L. Pullian to Bank of America, N.A., dated November 18, 2016, and recorded on December 6, 2016 at Book No. 606 and Page No. 256-266, Elbert County, Georgia records, as last assigned to Bank of America, N.A. (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $140,475.00, 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 Wednesday in January, 2019, the following described property:
All that tract or parcel of land situate, lying and being in the 201st District, G.M., Elbert County, Georgia, containing 10.78 acres, more or less, and being more particularly shown on plat by Dean H. Teasley, surveyor, dated June 7, 2000, recorded at Plat Book 21, Page 88, in the office of the Clerk of Superior Court of Elbert County, Georgia, which said plat is hereby incorporated into this description by reference and made a part hereof.
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).
Bank of America, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP, acting on behalf of and, as necessary, in consultation with Federal National Mortgage Association, a/k/a Fannie Mae (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, Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP may be contacted at: Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP, 7105 Corporate Drive, Plano, TX 75024, 800-669-6650. 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 2840 Martin Rd., Bowman, Georgia 30624 is/are: Catherine L. Pullian 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.
Bank of America, N.A.
as Attorney in Fact for
Catherine L. Pullian
BARRETT DAFFIN FRAPPIER
TURNER & ENGEL, LLP
4004 Belt Line Road, Suite 100
Addison, Texas 75001
Telephone: 972-341-5398
00000007979420
This law firm is acting as a debt
collector attempting to collect a debt. Any information obtained will be used for that purpose.
12-5,12,19,26

Legals

474823
NOTICE OF SALE UNDER POWER
GEORGIA, ELBERT COUNTY
Under and by virtue of the Power of Sale contained in a Deed To Secure Debt given by Walter A. Mills to Northeast Georgia Bank, dated July 29, 2010, recorded in Deed Book 506, Pages 531-535, as last amended by Modification of Deed to Secure Debt dated August 28, 2018 and recorded in Deed Book 635, Pages 143-145, records of Elbert County, Georgia. conveying the after-described property to secure a Note in the original principal amount of $137,075.56, with interest thereon as set forth 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, within the legal hours of sale on the first Wednesday in January [January 2,] 2019, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 315th G.M. District of Elbert County, Georgia, containing 5.17 acres, more or less, and being more particularly described in a plat of survey prepared by Charles A. Cecchini, RLS, dated August 14, 2002, recorded in Plat Book 21, Page 282, 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 North and Northeast by an 80 foot right-of-way for Plantation Road; on the East by property of Mercer; on the South and Southwest by property of Cunningham; and on the Northwest by a 100 foot-right-of-way for Georgia Highway No. 77.
This being the same property described in a Warranty Deed from G. Talmadge Jones to Walter A. Mills, dated July 24, 2006, recorded in Deed Book 421, at Page 493, Elbert County, Georgia Records.
Being known as 1033 Plantation Road, Elberton, Georgia 30635, according to the present system of numbering in Elbert County, Georgia.
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 Security Deed.
The debt remaining in default, this sale will be made for paying the same and all expenses of this sale, as provided in Deed To Secure Debt 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 (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.
Northeast Georgia Bank is the secured creditor under the Deed To Secure Debt and loan being foreclosed.
The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Deed To Secure Debt and associated notes on behalf of Northeast Georgia Bank: Henry P. Kesler, 12461 Augusta Road, Lavonia, Georgia, 30553, 706-356-4444.
Please understand that Northeast Georgia Bank is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the property is Walter A. Mills, or a tenant or tenants and said property is more commonly known as 1033 Plantation Road, Elberton, Georgia, 30635.
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.
The undersigned will execute a Deed Under Power to the purchaser as authorized by the aforementioned Deed To Secure Debt.
Pursuant to O.C.G.A. 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 in the preceding paragraph.
Northeast Georgia Bank
As Attorney-In-Fact for
Walter A. Mills
By its attorneys:
VANDIVER & KAUFMAN, LLC
By: Marc S. Kaufman
P.O. Drawer 10
Lavonia, Georgia 30553
706-356-2323
12-5,12,19,26

Legals

474556
NOTICE OF SALE UNDER POWER
GEORGIA, ELBERT COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from Gail P. Sewell to CitiFinancial Services Inc., dated September 21, 2006, recorded September 25, 2006, in Deed Book 426, Page 438, Elbert County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Thirty-Three Thousand Three Hundred Sixty-Two and 07/100 dollars ($33,362.07), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan Servicing, LLC a Delaware Limited Liability Company, there will be sold at public outcry to the highest bidder for cash at the Elbert County Courthouse, within the legal hours of sale on the first Wednesday in January, 2019, 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, situate, lying and being in the 197th District, G.m., of Elbert County, Georgia, containing 0.723 acre, more or less, and being known and designated as Lot No. 11 of the William Fortson Subdivision, said property being more particularly described in a plat of survey prepared by C.M. Rucker, dated May, 1971, recorded on December 9, 1971, in Plat Book 7, Page 326 in the office of the Clerk of the Superior Court of Elbert County, Georgia, said plat and the recording thereof being expressly by reference made a part of this description.
Said legal description being controlling, however the property is more commonly known as 1628 Fortson Cir., Elberton, GA 30635.
The indebtedness secured by said Security Deed has been and is hereby 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 (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note.
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: 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; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is Gail P. Sewell, or tenants(s).
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.
Please note that, pursuant to O.C.G.A. 44-14-162.2, you are not entitled by law to an amendment or modification of the terms of your loan. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Bayview Loan Servicing, LLC, Loss Mitigation Dept., 4425 Ponce de Leon Blvd., 5th Floor, Coral Gables, FL 33146, Telephone Number: 800-771-0299.
Bayview Loan Servicing, LLC,
A Delaware Limited Liability Company
as Attorney in Fact for
Gail P. Sewell
The below law firm may be held to
be acting as a debt collector, under federal law. If so, any information
obtained will be used for that purpose.
Attorney Contact:
RUBIN LUBLIN, LLC
3145 Avalon Ridge Place, Suite 100
Peachtree Corners, GA 30071
Telephone Number: 877-813-0992
Case No. BVF-18-06953-1
rubinlublin.com/property-listing
12-5,12,19,26

Legals

475458
IN THE PROBATE COURT
OF ELBERT COUNTY
STATE OF GEORGIA
IN RE: Estate of John Marshal Fleming Sr., deceased
Estate No. 2018-135
NOTICE
The petition of Annie L. Fleming, for an Order Declaring No Administration is Necessary in the above-referenced estate having been duly filed,
TO: All Interested Parties
This is to notify you to file objection, if there is any, to the Petition, in this Court on or before December 27, 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 of the Probate Court
45 Forest Ave.
Elberton, GA 30635
12-5,12,19,26

Legals

474522
IN THE PROBATE COURT
OF ELBERT COUNTY
STATE OF GEORGIA
IN RE: Estate of Rubye Nell Jones, Deceased
Estate No. 2018-132
PETITION FOR LETTERS
OF ADMINISTRATION
NOTICE
TO: Unknown Heirs and to whom it may concern
Dovelyn Ann Rucker Plummer has petitioned to be appointed Administrator of the estate of Rubye Nell Jones, deceased, of said County. The Petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. 53-12-261. 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 December 27, 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 of the Probate Court
45 Forest Ave.
Elberton, GA 30635
11-28,12-5,12,19

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

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

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