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WEDNESDAY, AUGUST 11, 2021
BARROW NEWS-JOURNAL
PAGE 5B
Sheriff
Smith
Probate Judge
Tammy Brown
770-307-3045
Jud
770
307
3080
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DEADLINE: Thursday Noon prior to the first publication date.
Court ^
Janie Jones
770-307-3035
Order for Service
by Publication
In the Superior Court of
Barrow County
State of Georgia
Case No. 19-CV-
000549-B
Morgan Grey Thornton
Long, Petitioner
v.
David Nicholas Long,
Respondent
The Petitioner having
moved this Court for an or
der directing service to be
made upon Respondent,
DAVID NICHOLAS LONG,
by publication of summons
for the Complaint for Di
vorce, and it appearing from
the Motion for Publication
and from the Affidavit of Dili
gent Search, Respondent
cannot be found for service
within the state,
It is hereby ordered, this
23rd day of September,
2020, that service be made
by publication as provided
by law.
By: Joseph H. Booth
Chief Judge
Barrow County Superior
Court
Piedmont Judicial Circuit
(AU11, 18, 25, SE1 P4) |
Notice
of Incorporation
Notice is given that Arti
cles of Incorporation that will
incorporate POW MEDIA
ENTERPRISES, INC. have
been delivered to the Secre
tary of State for filing in ac
cordance with the Georgia
Business Corporation Code.
The initial registered office
of the corporation is located
at 2322 Loowit Falls Dr.,
Braselton, GA 30517, and
its registered agent is Kim
berly O. Ramos.
(AU11, 18 P2) |
Davis Estate
Notice of Publication
In the Superior Court of
Barrow County
State of Georgia
ROBERTSON, AN
SCHUTZ, SCHNEID &
CRANE LLC f/k/a RAS
CRANE LLC, Petitioner,
v.
SAMUEL LESTER;
ROBERT LESTER; AND
THE UNKNOWN HEIRS
OF MARY L. DAVIS; DE
CEASED, Respondent(s).
CIVIL ACTION NO.20-
CV-001814-B
To: SAMUEL LESTER;
ROBERT LESTER; AND
THE UNKNOWN HEIRS
OF MARY L. DAVIS; DE
CEASED
You are hereby notified
that the above styled action
seeking Verified Complaint
for Equitable Interpleader
was filed against you in
said Court on December
28, 2020 and that by reason
of an Order for Service by
Publication entered by the
Court on August 2, 2021,
you are hereby command
ed and required to file with
the Clerk of said Court and
serve upon Plaintiff’s Attor
ney whose address is:
Angelo Vasilescu
Tersugh Tivzenda
Robertson Anschutz
Schneid, Crane & Partners,
PLLC
10700 Abbott’s Bridge
Road, Suite 170
Duluth, GA 30097
an answer to the com
plaint within sixty (60) days
of the date of the Order for
Service by Publication.
Witness the Honorable
Joseph H. Booth, Judge of
this Court.
This 2nd day of August
2021.
Susan Durden
Dep Clerk, Superior
Court
Barrow County, Georgia
(AU11, 18, 25, SE1 P4) |
Notice of Sale
Notice of Sale
Under Power
Georgia, Barrow County
Under and by virtue of
the Power of Sale contained
in the following described
instrument (hereinafter re
ferred to as the “Security
Deed’’): Real Estate Deed
to Secure Debt (With Fu
ture Advance Clause) ex
ecuted by H. DAVID SMITH
(hereinafter referred to as
the “Borrower”) in favor of
VERITY BANK, dated as of
December 19, 2012, filed
and recorded December
26, 2012, and recorded in
Deed Book 1691, Page
122, Barrow County, Geor
gia Records as modified by
that certain Modification of
Deed to Secure Debt dated
January 11, 2013, filed and
recorded January 18, 2013
in Deed Book 1696, Page
674, Barrow County, Geor
gia Records, as modified by
that Modification of Deed to
Secure Debt dated Decem
ber 5, 2013, filed and re
corded December 18, 2013
in Deed Book 1774, Page
254, Barrow County, Geor
gia Records, as modified by
that Modification Agreement
dated February 3, 2016,
filed and recorded February
8, 2016 in Deed Book 1922,
Page 693, Barrow County,
Georgia Records; the Se
curity Deed having been
assigned by that certain As
signment of Deed to Secure
Debt and Other Loan Docu
ments from Community &
Southern Bank as succes
sor by merger with Verity
Bank as Assignor to Ameri
can First Federal, Inc., a Ne
vada corporation as Assign
ee dated February 29, 2016,
filed and recorded April 8,
2016 at Deed Book 1936,
Page 241, Barrow County,
Georgia Records convey
ing the after described prop
erty to secure a Promissory
Note FROM DK Properties,
LLP to Verity Bank dated
December 19, 2012 in the
original principal amount of
SIXTY FIVE THOUSAND
THREE HUNDRED FORTY
FOUR AND 50/100 DOL
LARS ($65,344.50) with in
terest thereon as set forth
therein, there will be sold at
public outcry to the highest
bidder for cash before the
Courthouse door in Barrow
County, Georgia, within the
legal hours of sale on Sep
tember 7, 2021, all of the
following described property
and interests and estates in
property, land, easements,
rights, improvements, per
sonal property, fixtures,
equipment and appurte
nances (hereinafter collec
tively called the “Property”):
All that tract or parcel
of land lying and being in
the 1742nd District G. M.,
State of Georgia, County
of Barrow, City of Statham,
being more particularly
described as follows: TO
FIND THE TRUE POINT
OF BEGINNING, commenc
ing at a point formed by the
intersection of the south
erly right of way of Georgia
State Highway No. 8 (a/k/a
Atlanta Highway)(being a
sixty (60) foot right of way)
and the westerly right of way
of Jefferson Street (being
a one hundred (100) foot
right of way); THENCE in
a southerly direction along
the westerly right of way of
Jefferson Street a distance
of 64.00 feet to an iron pin
set and being the TRUE
POINT OF BEGINNING.
FROM THE TRUE POINT
OF BEGINNING THUS ES
TABLISHED, THENCE run
South 34 degrees 03 min
utes 39 seconds West along
the westerly right of way of
Jefferson Street a distance
of 202.00 feet to an iron pin
found; THENCE leaving the
westerly right of way of Jef
ferson Street and run North
55 degrees 59 minutes 46
seconds West a distance
of 110.00 feet to a point;
THENCE North 34 degrees
03 minutes 39 seconds East
a distance of 202.11 feet to
an iron pin set; THENCE
South 55 degrees 56 min
utes 16 seconds East a dis
tance of 110.00 feet to an
iron pin set and being the
TRUE POINT OF BEGIN
NING. The aforedescribed
property contains 0.510
acres, more or less, and
is more particularly shown
and delineated on a plat of
survey dated February 12,
2007, last revised May 3,
2007, prepared for WH Cap
ital, L.L.C. and Lawyers Title
Insurance Corporation by
Freeland & Associates, Inc.,
James R. Freeland, Georgia
Registered Land Surveyor
No. 2221, which plat of sur
vey is incorporated herein
and by this reference made
a part of this description.
Together with any other
real or personal property
defined as “Property” in the
Security Deed.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other
possible events of default,
Borrower’s failure to pay
such debt when due in ac
cordance with the above-
referenced Promissory Note
and the 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
attorneys’ fees (notice of in
tent to collect attorney’s fees
having been given).
BE ADVISED THAT THE
PROPERTY MAY BE SOLD
SEPARATELY OR WITH
ONE OR MORE TRACTS
OR PARCELS OF REAL
PROPERTY THAT IS/ARE
THE SUBJECT OF SECU
RITY DEEDS ORIGINALLY
HELD BY FIRST CITIZENS
BANK OF GEORGIA FROM
DK PROPERTIES, LLP, H.
DAVID SMITH, AND KEN
NETH D. LUMPKIN ALL BE
ING AFFILIATED WITH DK
PROPERTIES, LLP.
The Property will be sold
subject to the following:
1. All taxes and assess
ments outstanding, includ
ing those which are a lien
not yet due and payable.
2. Rights of tenants in
possession, as tenants only,
under unrecorded leases.
3. Laws and regulations
of governmental authorities
applicable to the Property
including, without limitation,
zoning.
4. The exact location of
building lines, unrecorded
easements, possible en
croachments and other facts
or conditions which would
be disclosed by an accurate
survey and inspection of the
Property; and rights, if any,
of persons who may be in
possession under claims not
appearing of record.
5. Any other matters
which might be disclosed by
an accurate survey and in
spection of the Property.
6. Rights of upper and
lower riparian owners in
and to the waters of creeks
and branches, crossing or
adjoining the property, and
the natural flow thereof, free
from diminution or pollution.
7. Any other assess
ments, liens, encumbranc
es, zoning ordinances, re
strictions, covenants and
matters of record superior
to the Security Deed first set
out above.
To the best knowledge
and belief of the under
signed, the party or parties
in possession of the Prop
erty is/are H. David Smith or
tenant(s) holding under H.
David Smith. Said property
is commonly known as the
0.51 acres on Jefferson
Street, Statham, Georgia
30666.
AMERICAN FIRST FED
ERAL, INC., a Nevada cor
poration as attorney-in-fact
forH. DAVID SMITH
Charles B. Waters, Jr.
T. Matthew Mashburn
Aldridge Pite, LLP
Fifteen Piedmont Center
3575 Piedmont Rd., NE,
Suite 500
Atlanta, GA 30305
(404) 994-7426
2027-003A
(AU11, 18, 25, SE1
B/13069-) |
Robertson Estate
Probate Court of Barrow
County
Notice
(Discharge from Office
and all Liability)
RE: PETITION OF
WENDY LEE ROBERT
SON, FOR DISCHARGE AS
ADMINISTRATOR OF THE
ESTATE OF WILLIAM ROB
ERTSON, DECEASED,
ESTATE NO: E-02216
TO: To Whom It May
Concern:
This is to notify you to file
objection, if there is any, to
the above referenced peti
tion, in this Court on or be
fore, AUGUST 23, 2021.
BE NOTIFIED FUR
THER: All objections to the
petition must be in writing,
setting forth the grounds
of any such objections. All
pleadings/objections must
be signed before a notary
public or before a probate
court clerk and filing fees
must be tendered with your
pleadings/objections, unless
you qualify to file as an indi
gent party. Contact probate
court personnel at the fol
lowing address/telephone
number for the required
amount of filing fees. If any
objections are filed, a hear
ing will be scheduled at a
later date. If no objections
are filed, the petition may be
granted without a hearing.
Tammy S. Brown
PROBATE JUDGE
By: Amy Whitlock
PROBATE CLERK
652 Barrow Park Dr.
Suite D
Winder, Georgia 30680
770-307-3045
(AU11 P1) |
Lay Estate
Petition for Letters of Ad
ministration
Notice
JERRY NEAL LAY, ES
TATE
NO. 2021-ES-2640
TO: TO WHOM IT MAY
CONCERN:
KIERSTON M. PHIL
LIPS, has petitioned to
be appointed Administra
tor of the estate of JERRY
NEAL LAY deceased, of
said County. (The petitioner
has also applied for waiver
of bond, waiver of reports,
waiver of statements, and/
or grant of certain powers
contained in O.C.G.A. § 53-
12-261.) All interested par
ties are hereby notified to
show cause why said peti
tion 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 be
fore, AUGUST 16, 2021. All
pleadings/objections must
be signed before a notary
public or before a probate
court clerk, and filing fees
must be tendered with your
pleadings/objections, un
less you qualify to file as an
indigent party. Contact pro
bate court personnel at the
following address/telephone
number for the required
amount of filing fees. If any
objections are filed a hear
ing will be scheduled at a
later date. If no objections
are filed, the petition may be
granted without a hearing.
TAMMY S. BROWN
PROBATE JUDGE
By: Amy Whitlock
PROBATE CLERK
652 Barrow Park Dr.
Suite D
Winder, Georgia 30680
770-307-3045
(JU21,28, AU4, 11 P4) |
Notice of Sale
Notice of Sale
Under Power
Georgia, Barrow County
Under and by virtue of
the Power of Sale contained
in the following described
instrument (hereinafter re
ferred to as the “Security
Deed’’):
Deed to Secure Debt
with Power of Sale execut
ed by DK PROPERTIES,
LLP (hereinafter referred to
as the “Borrower”) in favor
of First Citizens Bank of
Georgia, dated as of June
9, 2008, filed and recorded
June 13, 2008, and re
corded in Deed Book 1407,
Page 220, Barrow County,
Georgia Records as modi
fied by that certain Modifi
cation of Deed to Secure
Debt dated July 29, 2009
and recorded July 31, 2009
in Deed Book 1476, Page
836, Barrow County, Geor
gia Records, as modified by
that Modification of Deed to
Secure Debt dated July 5,
2012 and recorded July 9,
2012 in Deed Book 1654,
Page 232, Barrow County,
Georgia Records, as modi
fied by that Modification of
Deed to Secure Debt dated
January 5, 2013, and filed
and recorded January 18,
2013 in Deed Book 1696,
Page 670, Barrow County,
Georgia Records, as modi
fied by that Modification of
Deed to Secure Debt dated
June 4, 2013 and filed and
recorded June 5, 2013 in
Deed Book 1730, Page 398,
Barrow County, Georgia Re
cords, as modified by that
certain Modification of Deed
to Secure Debt dated De
cember 5, 2013 and record
ed December 18, 2013 at
Deed Book 1774, Page 258,
Barrow County, Georgia Re
cords as further modified
by that certain Modification
Agreement dated February
3, 2016 by and between DK
Properties, LLP as Grantor
and Community & South
ern Bank as successor by
merger with Verity Bank re
corded February 8, 2016 in
Deed Book 1922, Page 695,
Barrow County, Georgia
Records; the Security Deed
having been assigned to
Verity Bank by that certain
Transfer and Assignment
dated October 27, 2008 and
filed for record November
10, 2008, and recorded in
Deed Book 1432, Page 444,
aforesaid records as further
assigned by that certain As
signment of Deed to Secure
Debt and Other Loan Docu
ments from Community &
Southern Bank as successor
by merger with Verity Bank
and as ultimate successor
in interest to First Citizens
Bank of Georgia as Assign
or to American First Federal,
Inc., a Nevada corporation
as Assignee dated February
29, 2016 and recorded April
8, 2016 at Deed Book 1936,
Page 235, Barrow County,
Georgia Records conveying
the after described property
to secure a Promissory Note
dated June 9, 2008 in the
original principal amount of
ONE MILLION SIX HUN
DRED THIRTY FIVE THOU
SAND AND 00/100 DOL
LARS ($1,635,000.00) with
interest thereon as set forth
therein, there will be sold at
public outcry to the highest
bidder for cash before the
Courthouse door in Barrow
County, Georgia, within the
legal hours of sale on Sep
tember 7, 2021, all of the
following described property
and interests and estates in
property, land, easements,
rights, improvements, per
sonal property, fixtures,
equipment and appurte
nances (hereinafter collec
tively called the “Property”):
All that tract or parcel of
land lying and being in the
243rd District, G.M., State of
Georgia, County of Barrow,
City of Winder, being Tract
2A, encompassing 1.682
acres and being more par
ticularly described and de
lineated according to a plat
and survey prepared by W.
T. Dunahoo and Associates,
Inc., certified by W. T. Du
nahoo, Georgia Registered
Surveyor No. 1577, dated
December 5, 2007, entitled
“Survey for First Baptist
Church of Winder,” said plat
being of record in the Of
fice of the Clerk of Superior
Court for Barrow County,
Georgia in Plat Book 59,
Page 133; which said plat
and the recording thereof
are by reference hereto in
corporated herein for a more
complete and detailed de
scription.
Together with any other
real or personal property
defined as “Property” in the
Security Deed.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other
possible events of default,
Borrower’s failure to pay
such debt when due in ac
cordance with the above-
referenced Promissory Note
and the 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
attorneys’ fees (notice of in
tent to collect attorney’s fees
having been given).
BE ADVISED THAT THE
PROPERTY MAY BE SOLD
SEPARATELY OR WITH
ONE OR MORE TRACTS
OR PARCELS OF REAL
PROPERTY THAT IS/ARE
THE SUBJECT OF SECU
RITY DEEDS ORIGNALLY
HELD BY VERITY BANK
FROM DK PROPERTIES,
LLP, H. DAVID SMITH, AND
KENNETH D. LUMPKIN
ALL BEING AFFILIATED
WITH DK PROPERTIES,
LLP.
The Property will be sold
subject to the following:
1. All taxes and assess
ments outstanding, includ
ing those which are a lien
not yet due and payable.
2. Rights of tenants in
possession, as tenants only,
under unrecorded leases.
3. Laws and regulations
of governmental authorities
applicable to the Property
including, without limitation,
zoning.
4. The exact location of
building lines, unrecorded
easements, possible en
croachments and other facts
or conditions which would
be disclosed by an accurate
survey and inspection of the
Property; and rights, if any,
of persons who may be in
possession under claims not
appearing of record.
5. Any other matters
which might be disclosed by
an accurate survey and in
spection of the Property.
6. Rights of upper and
lower riparian owners in
and to the waters of creeks
and branches, crossing or
adjoining the property, and
the natural flow thereof, free
from diminution or pollution.
7. Any other assess
ments, liens, encumbranc
es, zoning ordinances, re
strictions, covenants and
matters of record superior
to the Security Deed first set
out above.
To the best knowledge
and belief of the under
signed, the party or parties
in possession of the Proper
ty is/are DK PROPERTIES,
LLP or tenant(s) holding un
der DK PROPERTIES, LLP.
Said property is commonly
known as the 138 Park
Avenue, Winder, Georgia
30680 a/k/a 22 E. Stephens
Street, Winder, Georgia
30680.
AMERICAN FIRST FED
ERAL, INC., a Nevada cor
poration as attorney-in-fact
for DK PROPERTIES, LLP
Charles B. Waters, Jr.
T. Matthew Mashburn
Aldridge Pite, LLP
Fifteen Piedmont Center
3575 Piedmont Rd., NE,
Suite 500
Atlanta, GA 30305
(404) 994-7426
2027-003A
(AU11, 18, 25, SE1
B/13069-110) |
Hagin Estate
Notice
Barrow County
State of Georgia
JAMES D. HAGIN, III,
DECEASED
ESTATE NO. 2021-ES-
2639
The Petition of AMY AL
LISON HAGIN, for a year’s
continued on following page