Newspaper Page Text
Page 18C
The Champion Legal Section, Thursday, Apri
21, 2016
www.thechampionnewspaper.com
Street, Suite 409, Gainesville, GA
30501, an Answer to the Petition
within sixty (60) days from the date of
the Order for Service by Publication.
Witness, the Honorable J.P. Boulee,
Judge of this Superior Court.
This 30th day of March, 2016.
Debra DeBerry
Clerk
Dekalb County Superior Court
++16CV2890-6/2496 Moreland Av
enue, Atlanta, GA 30316++
350-385494 4/14,4/21,4/28,5/5jb
NOTICE OF SERVICE
BY PUBLICATION
JANUS TAX RECEIVABLES, LLC v.
LUIS ALFONSO PLASCENCIA, and
DEKALB COUNTY, GEORGIA,
+ + CIVIL ACTION FILE NO.
15CV1 1926-1 + +
SUPERIOR COURT OF DEKALB
COUNTY
To: LUIS ALFONSO PLASCENCIA,
AND ALL PERSONS KNOWN OR
UNKNOWN WHO CLAIM AN IN
TEREST IN THE PROPERTY AD
VERSE TO PETITIONER'S IN
TEREST.
You are hereby notified pursuant to
Order of Superior Court of DeKalb
County Judge Courtney L. Johnson,
entered on March 10, 2016, that a
Petition to Quiet Title with the above
referenced style was filed on Novem
ber 25, 2015, in the Superior Court of
DeKalb County Janus Tax Receiv
ables, LLC ("Petitioner"). The Peti
tion, if granted, will declare Petitioner
to be the fee simple owner of that
tract or parcel of land located in Land
Lot 60 of the 15th District of DeKalb
County, Georgia, and fully described
at Exhibit "A" to the Petition. You are
hereby given notice of this action and
directed that you may file any plead
ing you desire in response to the Pe
tition for Quiet Title by serving Peti
tioner's attorney, John C. Clark, Clark
Law Group, LLC, 17 Executive Park
Drive, Suite 480, Atlanta, Georgia
30329 and filing said response with
the Clerk of Superior Court of DeKalb
County. A hearing on this matter will
be held before the Court Appointed
Special Master, Christopher M. Port
erfield, Esq., on May 19, 2016 at 1:00
P. M., at Diment Carroll, LLP, 412
Adamson Square, Carrollton, Geor
gia 30117.
350-385495 4/14,4/21,4/28,5/5JB
NOTICE OF SERVICE
BY PUBLICATION
JANUS TAX RECEIVABLES, LLC v.
JEANETTE W. SMALLS, STAN
FORD SMALLS, EQUICREDIT COR
PORATION OF GA, JAMES F. FA
VORS, GERALD K. TOLSON, SGT
HOMEOWNERS ASSOCIATION,
INC., and DEKALB COUNTY,
GEORGIA,
+ + CIVIL ACTION FILE NO.
1 5CV12500-1 + +
SUPERIOR COURT OF DEKALB
COUNTY
To: JEANETTE W. SMALLS, STAN
FORD SMALLS, JAMES F. FA
VORS, GERALD K. TOLSON, SGT
HOMEOWNERS ASSOCIATION,
INC., AND ALL PERSONS KNOWN
OR UNKNOWN WHO CLAIM AN IN
TEREST IN THE PROPERTY AD
VERSE TO PETITIONER'S IN
TEREST.
You are hereby notified pursuant to
Amended Order of Superior Court of
DeKalb County Judge Courtney L.
Johnson, entered on March 18, 2016,
that a Petition to Quiet Title with the
above referenced style was filed on
December 11, 2015, in the Superior
Court of DeKalb County by Janus
Tax Receivables, LLC ("Petitioner").
The Petition, if granted, will declare
Petitioner to be the fee simple owner
of that tract or parcel of land located
in Land Lot 127 of the 15th District of
DeKalb County, Georgia, and fully
described at Exhibit "A" to the Peti
tion. You are hereby given notice of
this action and directed that you may
file any pleading you desire in re
sponse to the Petition for Quiet Title
by serving Petitioner's attorney, John
C. Clark, Clark Law Group, LLC, 17
Executive Park Drive, Suite 480, At
lanta, Georgia 30329 and filing said
response with the Clerk of Superior
Court of DeKalb County. A hearing
on this matter will be held before the
Court Appointed Special Master,
Christopher M. Porterfield, Esq., on
May 19, 2016 at 1:00 P. M., at Di
ment Carroll, LLP, 412 Adamson
Square, Carrollton, Georgia 30117.
350-385496 4/21,4/28,5/5,5/12WG
NOTICE OF PUBLICATION
In the Superior Court
of DeKalb County
State of Georgia
Civil Action#
++14CV9376-6++
Equity Consulting Services, LLC
Plaintiff
vs.
Brandon Casey et al
Defendant
To: Brandon Casey
By Order of the Court service for
service by publication dated April 6,
2016 You are hereby notified that on
September 24, 2014 The above-
named Plaintiff filed suit against you
for Domestication of California Judg
ment entered on June 3, 2013, with
writ of execution entered on March
14, 2014.
You are required to file with the
Clerk of Superior Court, and to serve
upon plaintiffs attorney whose name
and address is: Richard J. Storrs,
2870 Peachtree Rd., Suite 212, At
lanta, GA 30305 Answer in writing
within sixty (60) days of April 6, 2016.
Witness the Honorable J.P. Bou
lee, Judge of the DeKalb Superior
Court.
This the 9th day of April, 2016.
Debra DeBerry
Clerk of Superior Court
556 N. McDonough Street
G-130 Annex
Decatur, GA. 30030-3356
350-385524 4/21,4/28,5/5,5/12WG
NOTICE OF PUBLICATION
In the State Court
of DeKalb County
State of Georgia
Civil Action No.
++16A58535E7++
Kathryn Debortoli,
Plaintiff
vs.
Malcom T. Forney,
Defendant
To: Malcom Forney
1369 Greenridge Trail
Lithonia, GA 30058
By Order for service by publication
dated April 7, 2016, you are hereby
notified that on January 27, 2015, ,
Kathryn Debortoli filed suit against
you for $ principal, $ interest, and $
attorney's fees.
You are required to file with the
Clerk of the State Court, and to serve
upon plaintiff's attorney, Ryan T.
Strickland, an Answer in writing with
in sixty (60) days of the date of the
order for publication.
Witness the Honorable Janis C.
Gordon, Judge of this State Court.
This the 12th day of April, 2016.
Melanie F Wilson, Clerk
State Court of DeKalb County
By: M. Cheek
Deputy Clerk
For: State Court
of DeKalb County
DeKalb County Courthouse
556 N. McDonough Street
Decatur, Georgia 30030
350-385547 4/21,4/28,5/5,5/12wg
NOTICE OF PUBLICATION
In the State Court
of DeKalb County
State of Georgia
Civil Action No.
++15CV5237-8++
Atlanta Certified Restoration, Inc.
Plaintiff
vs.
Mary O'Neal and Litonia G. O'Neal
as Trustee of The Sunshine Trust,,
Defendants:
To: Litonia G. O'Neal as Trustee of
The Sunshine Trust
Unknown
By Order for service by publication
dated the 5th day of April 2016. You
are hereby notified that on the 8th
day of May, 2015, the Plaintiff filed
suit against you as Trustee of the
Sunshine Trust for fraud.
You are required to file with the
Clerk of the State Court of DeKalb
County, and to serve upon the
Plaintiff, Atlanta Certified Restoration,
at this address, c/o Isenberg & He
witt, PC, 6600 Peachtree Dunwoody
Road, 600 Embassy Way, Suite 150,
Atlanta, Georgia 30328 an Answer to
the complaint within sixty (60) days of
the date of the first publication of no
tice.
Witness the Honorable Linda W.
Hunter, Judge of said Court.
This the 11th day of April, 2016.
Debra DeBerry
Clerk
Superior Court of
DeKalb County, GA
350-385602 4/21,4/28,5/5,5/12
NOTICE OF PUBLICATION
In the State Court
of DeKalb County
State of Georgia
Civil Action No.
++16A58747E1++
To: Dil Tiwari
4329 Abingdon Drive
Stone Mountain, GA 30083
Trung Le,
Plaintiff
vs.
Dil Tiwari
Defendant
By Order for service by publication
dated April 1, 2016, you are hereby
notified that on February 15, 2016,
Dil Tiwari, filed suit against you for
$TBD principal, $TBD interest, and
$TBD attorney's fees.
You are required to file with the
Clerk of the State Court, and to serve
upon plaintiff's attorney, Gilbert M.
Taylor, an Answer in writing within
sixty (60) days of the date of the or
der for publication.
Witness the Honorable Alvin T.
Wong, Judge of this State Court.
This the 1 st day of April, 2016.
Melanie F Wilson, Clerk
State Court of DeKalb County
By P P Knighton
Deputy Clerk
For: State Court
of DeKalb County
DeKalb County Courthouse
556 N. McDonough Street,
Decatur, Georgia 30030
Sheriffs Sale
360-385350 4/7,4/14,4/21,4/28
NOTICE OF JUDICIAL
FORECLOSURE
STATE OF GEORGIA
DEKALB COUNTY
Under and by virtue of O.C.G.A. § 44-
3-109, the Amended and Restated
Declaration of Covenants, Condi
tions and Restrictions for Twin Lakes
Condominium, recorded in Deed
Book 8430, Page 355 et seq.,
DeKalb County, Georgia Records
(the “Declaration”), and by virtue of
the Court Order dated November 6,
2015, there will be sold by the
DeKalb County Sheriffs Office at
public outcry to the highest bidder for
cash before the Courthouse door of
DeKalb County, Georgia within the
legal hours of sale on the first Tues
day in May 2016, to wit, May 3,
2016 the following described prop
erty:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 280 OF THE 6TH DISTRICT,
DEKALB COUNTY, GEORGIA BE
ING RESIDENCE NO. 5 IN BUILD
ING B OF TWIN LAKES CON
DOMINIUMS AS SHOWN ON PLAT
OF SURVEY (SUPPLEMENTAL
PLAT) DATED FEBRUARY 20,1973,
RECORDED AT CONDOMINIUM
PLAT BOOK 4, PAGES 30 AND 31
IN THE CLERK’S OFFICE FOR THE
SUPERIOR COURT OF DEKALB
COUNTY, GOERGIA, WHICH RES
IDENCE IS A PART OF THAT
PROPERTY SHOWN ON PLAT OF
SURVEY (MASTER PLAT PLAN)
DATED MAY 26,1972, RECORDED
AT CONDOMINIUM PLAT BOOK 1,
PAGE 71 IN SAID CLERK’S OF
FICE, TOGETHER WITH ALL
RIGHT, TITLE AND INTEREST OF
SAID RESIDENCE AND THE AP
PURTENANCES THERETO UNDER
THE DECLARATION OF COVEN
ANTS, CONDITIONS AND RE
STRICTIONS FOR TWIN LAKES
CONDOMINIUMS DATED FEBRU
ARY 26,1973, AND RECORDED AT
DEED BOOK 2691, PAGE 189 IN
SAID CLERK’S OFFICE AND ANY
AND ALL AMENDMENTS THERETO
ON RECORD IN SAID CLERK’S OF
FICE, WHICH PLATS AND DECLAR
ATIONS AND AMENDMENTS ARE
BY REFERENCE INCORPORATED
HEREIN AND MADE A PART HERE
OF. THE INTEREST HEREIN CON
VEYED INCLUDES, WITHOUT LIM
ITING THE GENERALITY OF THE
FOREGOING, AN UNDIVIDED 4%
INTEREST IN THE COMMON AREA
OF TWIN LAKES AS SAME IS
DEFINED IN SAID DECLARATION
AND AMENDMENTS THERETO.
The debt secured by the
Association’s lien, which totals
$10,163.64 as of March 29, 2016,
has been and is hereby declared due
because of failure to pay the in
debtedness as and when due and in
the manner provided for in the De
claration. The debt remaining in de
fault, this sale will be made for the
purpose of paying same and all ex
penses of the sale, as provided in the
Georgia Condominium Act, O.C.G.A.
§ 44-3-70, et seq., and the Declara
tion (notice of attempt to collect attor
ney's fees having been given). The
excess, if any, will be distributed to
the person or persons legally entitled
thereto.
To the best knowledge and belief of
the undersigned, the party in posses
sion of the Subject Property known
as s Joy D. Trombetta. Said property
will be sold subject to (a) any out
standing 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,
(c) the Declaration, as amended, and
(d) all matters of record superior to
the condominium lien first set out
above, and any encumbrances, zon
ing ordinances, restrictions, coven
ants and matters of record superior to
the condominium lien first set out
above, including, but not limited to,
the Home Equity Conversion Secur
ity Deed from Joy D. Trombetta to
Generation Mortgage Company
dated, February 11, 2009 and filed
March 13, 2009, recorded at Deed
Book 21320, Page 179 in the DeKalb
County records; and the Home Equity
Conversion Second Security Deed
from Joy D. Trombetta to Generation
Mortgage Company, dated February
11,2009 and filed February 11,2009,
recorded at Deed Book 21320, Page
179, of the aforesaid records.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the United States
Bankruptcy Code, and (2) final con
firmation and audit of the status of
the lien with the holder of the Order
to foreclose.
Twin Lakes Condominium Associ
ation, Inc.
c/o Tanya Fairclough-James, Esq.
Gaddis & Lanier LLC
3330 Cumberland Blvd.
Suite 500
Atlanta, Georgia 30339
Phone: (404) 459-7055
Fax: (770) 933-6223
tfaircloughjames@gaddislanier.com
Our File No. ++G-3405 TROMBETTA
4880 Twin Lakes Trail, Doraville,
Georgia, 30360++
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
360-385351 4/7,4/14,4/21,4/28WG
ADVERTISEMENT OF
SHERIFF’S SALE
STATE OF GEORGIA
COUNTY OF DEKALB
There will be sold by the DeKalb
County Sheriff’s Office at public out
cry to the highest and best bidder for
cash, before the Courthouse door of
DeKalb County, Georgia within the
legal hours of sale on the first Tues
day in May 2016, to wit, May 3, 2016,
the following described property:
ALL THAT CERTAIN PROPERTY
SITUATED AND BEING IN THAT
CERTAIN CONDOMINIUM UNIT IN
LAND LOTS 74, 75 AND 87, 16TG
DISTRICT OF DEKALB COUNTY,
GEORGIA, AND BEING IDENTI
FIED AND DEPICTED AS CON
DOMINIUM RESIDENCE NO. 5894
ON THAT CERTAIN SITE PLAN
FOR THE FAIRWAYS AT FAIRING-
TON RECORDED IN CONDOMINI
UM PLAT BOOK 3, PAGE 90,
DEKALB COUNTY RECORDS, TO
GETHER WITH ALL RIGHT, TITLE
AND INTEREST OF GRANTOR IN
THE UNIT AND APPURTENANCES
THERETO UNDER THAT CERTAIN
DECLARATION OF THE FAIR
WAYS AT FAIRINGTON, AS RE
CORDED IN DEED BOOK 3136,
PAGE 572, DEKALB COUNTY RE
CORDS, SAID DECLARATION IN
CLUDING ALL EXHIBITS THERETO
INTEREST HEREIN CONVEYED IN
CLUDES WITHOUT LIMITING THE
GENERALITY OF THE FOREGO
ING, THE UNDIVIDED PERCENT
AGE INTEREST IN THE COMMON
ELEMENTS OF THE FAIRWAYS AT
FAIRINGTON, APPURTENANT TO
THE UNIT AS THE SAME IS SPE
CIFIED IN THE DECLARATIONS.
THIS PROPERY IS ALSO KNOWN
AS 5894 PAR THREE COURT,
LITHONIA, GEORGIA 30038.
The property will be sold subject to all
easements, covenants, restrictions,
and encumbrances of record.
The debt secured by the
Association’s lien, which totals
$17,048.97 as of March 1,2016, has
been and is hereby declared due be
cause of failure to pay the indebted
ness as and when due and in the
manner provided for in the Declara
tion. Assessments, attorney’s fees,
costs, and interest continue to ac
crue and are also secured by the As
sociation’s lien. The debt remaining
in default, this sale will be made for
the purpose of paying same and all
expenses of the sale, as provided in
the Georgia Condominium Act,
O.C.G.A. § 44-3-70, et seq., and the
Declaration (notice of attempt to col
lect attorney's fees having been giv
en). The excess, if any, will be distrib
uted to the person or persons legally
entitled thereto.
To the best knowledge and belief of
the undersigned, the party in posses
sion of the Subject Property known
as 5894 Par Three Court, Lithonia,
Georgia 30038 is Shadburn Enter
prises, LLC. The property is being
levied on to satisfy the Fi.Fa. in favor
of The Fairways Condominium Asso
ciation, Inc. (“Plaintiff in Fi.Fa.”)
against Shadburn Enterprises, LLC
(“Defendant in Fi.Fa.”). The Fi.Fa.
was issued in the Superior Court of
DeKalb County, Georgia, Civil Action
File No. 14CV3983-10, levied on as
the property of Defendant in Fi.Fa,
notice of levy and sale having been
given to the Defendant in Fi.Fa. as
required by law.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the United States
Bankruptcy Code, and (2) final con
firmation and audit of the status of
the lien with the holder of the Order
to foreclose.
The Fairways Condominium Associ
ation, Inc.
c/o Brandon D. Wagner, Esq.
Lueder, Larkin, and Hunter, LLC
5900 Windward Parkway, Suite 390
Phone: (770) 685-7000
Fax: (770) 685-7002
bwagner@luederlaw.com
Our File No. ++1214-926-4 SHAD
BURN ENTERPRISES, LLC Civil Ac
tion File No. 14CV3983-10++
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
360-385352 4/7,4/14,4/21,4/28WG
ADVERTISEMENT OF
SHERIFF’S SALE
STATE OF GEORGIA
COUNTY OF DEKALB
There will be sold by the DeKalb
County Sheriff’s Office at public out
cry to the highest and best bidder for
cash, before the Courthouse door of
DeKalb County, Georgia within the
legal hours of sale on the first Tues
day in May 2016, to wit, May 3, 2016,
the following described property:
A PART (KNOWN AS RESIDENCE
NO. 5796 OF THE FAIRWAYS AT
FAIRINGTON-PHASE TWO,
DEKALB COUNTY, GEORGIA, AND
MORE SPECIFICALLY HEREIN
AFTER DESCRIBED) OF THOSE
LANDS IN LAND LOT 75 OF THE
16TH DISTRICT OF DEKALB
COUNTY, GEORGIA, THE WHOLE
OF SUCH PART OF THE LANDS
HAVING BEEN SUBJECTED TO
THE CONDOMINIUM FORM OF
OWNERSHIP (UNDER PROVI
SIONS OF THE ACT OF THE GEN
ERAL ASSEMBLY OF THE STATE
OF GEORGIA APPROVED APRIL
12, 1963, GEORGIA LAWS 1953
PAGES 561 THROUGH 578, AS
HERETOFORE AMENDED AND AS
THE SAME MAY HEREAFTER BE
AMENDED FROM TIME TO TIME B
DECLARATION OF THE FAIR
WAYS AT FAIRINGTON, RECOR
DED ON FEBRUARY 21, 1974, IN
DEED BOOK 3136, PAGES 572
THROUGH 589M DEKALB COUNTY
GEORGIA RECORDS, OR A RE
CORDED AMENDMENT THERETO
(HEREINAFTER COLLECTIVELY
REFERRED TO AS THE “DECLARA
TION”). THE PRECISE PROPERTY
HEREIN CONVEYED IS IDENTI
FIED AND MORE PARTICULARLY
DESCRIBED IN SAID DECLARA
TION AND IN THE PHASE TWO
SITE PLAN DATED FEBRUARY 9,
1974 AND RECORDED AT APART
MENT OR CONDOMINIUM PLAT
BOOK 2, PAGE 140-141M DEKALB
COUNTY, GEORGIA RECORDS, AS
RESIDENCE NO. 5796 OF THE
FAIRWAYS AT FAIRINGTON, TO
GETHER WITH ALL OF THE AP
PURTENANCES THERETO, THE
DESCRIPTION AS CONTAINED IN
THE ABOVE MENTIONED DECLAR
ATION AND PHASE TWO SITE
PLAN (AND REVISED OR SUPPLE-
MENTAL PLANS) BEING EX
PRESSLY BY REFERENCE INCOR
PORATED HEREIN AND MADE A
PART HEREOF. THE INTEREST
HEREIN CONVEYED INCLUDES,
WITHOUT LIMITING THE GENER
ALITY OF THE FOREGOING, THE
PERCENTAGE UNDIVIDED IN
TEREST IN THE COMMON AREAS
AND FACILITIES OF THE CON
DOMINIUM KNOWN AS THE FAIR
WAYS COMPUTED IN ACCORD
ANCE WITH PARAGRAPH IV, D OF
THE AFORESAID DECLARATION
AND AS THE PERCENTAGE UNDI
VIDED INTEREST MAY CHANGE
FROM TIME TO TIME IN ACCORD
ANCE WITH THE DECLARATION.
The property will be sold subject to all
easements, covenants, restrictions,
and encumbrances of record.
The debt secured by the
Association’s lien, which totals
$12,410.34 as of July 13, 2015, has
been and is hereby declared due be
cause of failure to pay the indebted
ness as and when due and in the
manner provided for in the Declara
tion. Assessments, attorney’s fees,
costs, and interest continue to ac
crue and are also secured by the As
sociation’s lien. The debt remaining
in default, this sale will be made for
the purpose of paying same and all
expenses of the sale, as provided in
the Georgia Condominium Act,
O.C.G.A. § 44-3-70, et seq., and the
Declaration (notice of attempt to col
lect attorney's fees having been giv
en). The excess, if any, will be distrib
uted to the person or persons legally
entitled thereto.
To the best knowledge and belief of
the undersigned, the party in posses
sion of the Subject Property known
as 5796 Par Four Court, Lithonia,
Georgia 30038 is 57Resort, LLC.
The property is being levied on to
satisfy the Fi.Fa. in favor of The Fair
ways Condominium Association, Inc.
(“Plaintiff in Fi.Fa.”) against 57Resort,
LLC ("Defendant in Fi.Fa.”). The
Fi.Fa. was issued in the Superior
Court of DeKalb County, Georgia,
Civil Action File No. 14CV10363-8,
levied on as the property of Defend
ant in Fi.Fa, notice of levy and sale
having been given to the Defendant
in Fi.Fa. as required by law.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the United States
Bankruptcy Code, and (2) final con
firmation and audit of the status of
the lien with the holder of the Order
to foreclose.
The Fairways Condominium Associ
ation, Inc.
c/o Brandon D. Wagner, Esq.
Lueder, Larkin, and Hunter, LLC
5900 Windward Parkway, Suite 390
Phone: (770) 685-7000
Fax: (770) 685-7002
bwagner@luederlaw.com
Our File No. ++1214-1002-4 57 RE
SORT LLC 14CV10363-8++
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
360-385353 4/7,4/14,4/21.4/28WG
ADVERTISEMENT OF
SHERIFF’S SALE
STATE OF GEORGIA
COUNTY OF DEKALB
There will be sold by the DeKalb
County Sheriff’s Office at public out
cry to the highest and best bidder for
cash, before the Courthouse door of
DeKalb County, Georgia within the
legal hours of sale on the first Tues
day in May 2016, to wit, May 3, 2016,
the following described property:
RESIDENCE NO. 3147 OF THE
FAIRWAYS AT FAIRINGTON,
DEKALB COUNTY, GEORGIA AND
MORE SPECIFICALLY HEREIN
AFTER DESCRIBED OF THOSE
LANDS IN LOTS 74, 75, AND 87 OF
THE 16TH DISTRICT OF DEKALB
COUNTY, GEORGIA, THE WHOLE
OF SUCH PART OF THE LANDS
HAVING BEEN SUBJECTED TO
THE CONDOMINIUM FORM OF ON-
WESHIP (UNDER PROVISIONS OF
THE ACT OF THE GENERAL AS
SEMBLY OF THE STATE OF GEOR
GIA, APPPROVIED APRIL 12, 2914,
GEORGIA LAWS 1963 PAGES 561
THROUGH 575, HEREETOFORE
AMENDED AND AS THE SAME
MAY BE HEREAFTER BE
AMENDED FROM TIME TO TIME)
BY DECLARATION OF THE FAIR
WAYS AT FAIRINGTON, RECOR
DED ON FEBRUARY 21, 1974, IN
DEED BOOK 3136, PAGES 572
THROUGH 589 DEKALB COUNTY,
GEORGIA RECORDED OR A RE
CORDED AMENDMENT THERETO
(HEREINAFTER COLLECTIVELY
REFERRED TO AS THE “DECLARA
TION”). THE PRECIDE PROPERTY
HEREIN CONVEYED IS IDENTI
FIED AND MORE PARTICULARLY
DESCRIBED IN SAID DECLARA
TION AND IN THE PHASE TWO
SITE PLAN DATED FEBRUARY 9,
1974 AND RECORDED AT APART
MENT OR CONDOMINIUM PLAT
BOOK 2, PAGES 140 AND 141,
DEKALB COUNTY GEORGIA RE
CORDS AS RESIDENCE NO. 3147
OF THE FAIRWAYS AT FAIRING
TON, TOGETHER WITH ALL AP
PURTENANCES THERETO, THE
DESCRIPTION AS CONTAINED INT
EH ABOVE MENTIONED DECLARA
TION AND PAGE TWO SITE PLAN
(AND REVISED OR SUPPLEMENT
AL PLANS) BEING EXPRESSLY BY
REFERENCE INCORPORATED
HEREIN AND MADE A PART HERE
OF. THE INTEREST HEREIN CON
VEYED INCLUDES, WITHOUT LIM
ITING THE GENERALITY OF THE
FOREGOING, THE PERCENTAGE
UNDIVIDED INTEREST IN THE
COMMON AREAS AND FACILITIES
OF THE CONDOMINIUM KNOWN
AS THE FAIRWAYS COMPUTED IN
ACCORDANCE WITH PARA
GRAPH IV.D. OF THE AFORESAID
DECLARATION AND AS THE PER
CENTAGE UNDIVIDED INTEREST
MAY CHANGE FROM TIME TO
TIME IN ACCORDANCE WITH THE
DECLARATION. THE INITIAL PER
CENTAGE UNDIVIDED INTEREST
AS COMPUTED AS AFORESAID IS
1.320%. THE NUMBER OF SQUARE
FEET OF INTERIOR IMPROVED
AND COVERED FLOOR AREA IN
THE RESIDENCE HEREIN CON
VEYED FOR PURPOSES OF THE
FORMULA IN THE DECLARATION
TO DETERMINE SUCH PERCENT
AGE INTEREST IS TWELVE HUN
DRED FIFTY (1,250).
The property will be sold subject to all
easements, covenants, restrictions,
and encumbrances of record.
The debt secured by the
Association’s lien, which totals
$21,251.15 as of July 13, 2015, has
been and is hereby declared due be
cause of failure to pay the indebted
ness as and when due and in the
manner provided for in the Declara
tion. Assessments, attorney’s fees,
costs, and interest continue to ac
crue and are also secured by the As
sociation’s lien. The debt remaining
in default, this sale will be made for
the purpose of paying same and all
expenses of the sale, as provided in
the Georgia Condominium Act,
O.C.G.A. § 44-3-70, et seq., and the
Declaration (notice of attempt to col
lect attorney's fees having been giv
en). The excess, if any, will be distrib
uted to the person or persons legally
entitled thereto.
To the best knowledge and belief of
the undersigned, the party in posses
sion of the Subject Property known
as 3147 Fairington Drive, Lithonia,
Georgia 30038 is Robert Goins. The
property is being levied on to satisfy
the Fi.Fa. in favor of The Fairways
Condominium Association, Inc.
(“Plaintiff in Fi.Fa.”) against Robert
Goins (“Defendant in Fi.Fa.”). The
Fi.Fa. was issued in the Superior
Court of DeKalb County, Georgia,
Civil Action File No. 14CV9380-8,
levied on as the property of Defend
ant in Fi.Fa, notice of levy and sale
having been given to the Defendant
in Fi.Fa. as required by law.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the United States
Bankruptcy Code, and (2) final con
firmation and audit of the status of
the lien with the holder of the Order
to foreclose.
The Fairways Condominium Associ
ation, Inc.
c/o Brandon D. Wagner, Esq.
Lueder, Larkin, and Hunter, LLC
5900 Windward Parkway, Suite 390
Phone: (770) 685-7000
Fax: (770) 685-7002
bwagner@luederlaw.com
Our File No. ++1214-907-4 ROBERT
GOINS 14CV9380-8++
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
360-385354 4/7,4/14,4/21.4/28WG
Notice of Judicial Foreclosure
STATE OF GEORGIA
DEKALB COUNTY
Under and by virtue of O.C.G.A. § 44-
3-109, the Amended and Restated
Declaration of Condominium for
Tuxworth Springs Condominium,
as may be amended (the “Declara
tion”), filed of record in the DeKalb
County, Georgia records, and by vir
tue of the Court Order entered on
December 10, 2015, there will be
sold by the DeKalb County Sheriff’s
Office at public outcry to the highest
bidder for cash before the Court
house door of DeKalb County, Geor
gia within the legal hours of sale on
the first Tuesday in May 2016, to
wit, May 3, 2016, the following de
scribed property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 62, 18TH DISTRICT, DEKALB