Newspaper Page Text
PAGE 6B
BARROW NEWS-JOURNAL
WEDNESDAY, SEPTEMBER 1, 2021
Public Notices Continued
(AU18, 25, SE1,8 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 referred to as the
“Security Deed”):
Deed to Secure Debt
with Power of Sale executed
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 recorded in Deed
Book 1407, Page 220, Barrow
County, Georgia Records
as modified by that certain
Modification of Deed to Secure
Debt dated July 29, 2009 and
recorded July 31,2009 in Deed
Book 1476, Page 836, Barrow
County, Georgia 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 modified
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
modified 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
Records, as modified by that
certain Modification of Deed to
Secure Debt dated December
5, 2013 and recorded
December 18, 2013 at Deed
Book 1774, Page 258, Barrow
County, Georgia Records as
further modified by that certain
Modification Agreement dated
February 3, 2016 by and
between DK Properties, LLP
as Grantor and Community &
Southern Bank as successor
by merger with Verity Bank
recorded 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 Assignment
of Deed to Secure Debt and
Other Loan Documents from
Community & Southern Bank
as successor by merger with
Verity Bank and as ultimate
successor in interest to First
Citizens Bank of Georgia as
Assignor 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
HUNDRED THIRTY FIVE
THOUSAND AND 00/100
DOLLARS ($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
September 7, 2021, all of the
following described property
and interests and estates in
property, land, easements,
rights, improvements,
personal property, fixtures,
equipment and appurtenances
(hereinafter collectively 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 particularly
described and delineated
according to a plat and survey
prepared by W. T. Dunahoo
and Associates, Inc., certified
by W. T. Dunahoo, Georgia
Registered Surveyor No.
1577, dated December 5,
2007, entitled “Survey for First
Baptist Church of Winder,”
said plat being of record in the
Office 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 incorporated
herein for a more complete
and detailed 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 accordance 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
intent 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
I S/ARE THE SUBJECT
OF SECURITY 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
assessments outstanding,
including 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
encroachments 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
inspection 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 assessments,
liens, encumbrances, zoning
ordinances, restrictions,
covenants and matters of
record superior to the Security
Deed first set out above.
To the best knowledge
and belief of the undersigned,
the party or parties in
possession of the Property is/
are DK PROPERTIES, LLP
or tenant(s) holding under 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
FEDERAL, INC., a Nevada
corporation as attomey-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
6/13069-110)1
CALL OF ELECTION
IN BARROW COUNTY,
GEORGIA
THE BOARD OF
ELECTIONS AND
REGISTRATION OF
BARROW COUNTY has
called an election (the
“Election”) on November 2,
2021 at the regular polling
places in all the election districts
of Barrow County, Georgia
(the “County”). At the Election,
there will be submitted to the
qualified voters of the County
for their determination the
question of whether a special
one percent sales and use tax
shall be reimposed on all sales
and uses in the special district
created in the County for a
period of time not to exceed
six (6) years and for the raising
of an estimated amount of
$120,800,000.
(SE 1 B13066) |
Cancellation Notice
Town of Carl Election
Cancellation Notice
Pursuant to O.C.G.A. 21-
2-291, notice is hereby given
that the General Election for
the Town of Carl scheduled
for November 2, 2021 is
cancelled. The following
candidates have qualified for
office unopposed:
Town Council Post 1
Brian Bell (Incumbent)
Town Council Post 3
Dan Wages
Town Council Post 5
Tommy Buchanan
(Incumbent)
This the 27th day of August
2021,
Monica Franklin
Elections Director
Barrow County
(SE 1 B13066) |
Autry Estate
Petition for Letters of
Administration
Notice
JOSEPH GLENN AUTRY,
ESTATE
NO. 2021-ES-2661
TO: TO WHOM IT MAY
CONCERN:
JOSEPH AUSTIN AUTRY,
has petitioned to be appointed
Administrator of the estate of
JOSEPH GLENN AUTRY
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 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,
SEPTEMBER 13, 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, unless you
qualify to file as an indigent
party. Contact probate court
personnel at the following
address/telephone number 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.
TAMMY S. BROWN
PROBATE JUDGE
By: Amy Whitlock
PROBATE CLERK
652 Barrow Park Dr.
Suite D
Winder, Georgia 30680
770-307-3045
(AY18, 25, SE1,8 P4) |
Notice of
Publication
IN THE SUPERIOR court
of Barrow County, State of
Georgia.
Plaintiff, Ana Stephanie
Pichardo-Sosa vs. Defendant
Moise Maldonado-Morales
CASE No 21-CV-
000985-W
Notice of Publication
By Order for service by
publication dated the 18th
day of August, 2021, you are
hereby notified that the above
styled petition for the sole
custody of a female child, your
natural daughter, bom January
2012, alleging abandonment
and neglect of the said child
on our part, will be heard by
the Barrow County Superior
Court. It is imperative that you
are present in Court so that you
may answer any allegations
made against you and state
any claims, interest, and/or
rebuttals to the allegation and
request of the Plaintiff.
You can obtain a copy of
the complaint with the Clerk
of the Superior Court located
at the following address:
Barrow County Courthouse
652 Barrow Park Drive, Suite
B, Winder, GA 30680 (770)-
307-3035. If there is a finding
of abandonment and neglect
of the child, and sole custody
is granted to the Plaintiff, your
custody rights to the child will
be affected.
You are further notified
that the foregoing petition
names you as the biological
father of said child and the
Defendant of the case: as
such, you are a part to the
case. Consequently, you are
hereby advised that a hearing
will be held before Honorable
Wayne D. McLocklin, Judge
of the Barrow County Superior
Court to determine why the
requests of the Plaintiff should
not be granted.
(SE 1,8,15, 22 B15112) |
Notice of
Publication
In the Superior Court of
Barrow County
State of Georgia
Civil Action Number:
21-CV-000998-W
IN RE: Petition of Chad
Ryan Driver, Plaintiff,
To Legitimate the Minor
Child
KENDALL BROOKE
ALLEN,
TO: THE NEXT OF KIN
OF MINOR CHILD KENDALL
BROOKE ALLEN
By Order for Service by
Publication dated the 12th
day of August 2021, you are
hereby notified that on the 1st
day of July 2021, the Petitioner
filed a Petition for Legitimation
& Custody. You may obtain a
copy of the Petition from the
Clerk of the Superior Court of
Barrow County, and you may
contact the Counsel for the
Petitioner, Chad Ryan Driver,
at the following address:
Mitchell & Crunk
81 W. Athens Street
Post Office Box #856
Winder, Georgia 30680
Witness the Honorable
Wayne D. McLocklin, Judge of
this Court.
This day of , 2021.
Clerk
Superior Court of Barrow
County
(AU25, SE1, 8, 15
B/13065-20) |
CALL FOR SPECIAL
ELECTION
Notice is hereby given that,
in accordance with O.C.G.A.
§21-2-540, a special election
shall be held in the City of
Auburn on November 2, 2021
for the purpose of submitting
to the voters the following
question for approval or
rejection:
( ) YES Shall the
governing authority of the
City of Auburn, Georgia, be
authorized
( )NO to issue
licenses to allow for the retail
package sale of distilled spirit?”
All persons who desire to
register to vote in the special
election must do so before the
close of business on October
4, 2021. Advance Voting will
be October 12-16,2021 from
9:00am to 5:00pm, October
18 - 23, 2021 from 9:00am to
5:00pm, and October 25 - 29,
2021 from 9:00am to 5:00pm
at the Barrow County Elections
Office located at 233 E. Broad
St. Winder.
Election Day voting will be
held at The Hmong New Hope
Alliance Church, 1622 Union
Grove Church Rd. Auburn, GA
30011, between the hours of
7:00 a.m. and 7:00 p.m.
CONVOCATORIA DE
ELECCIONES ESPECIALES
Por la presente se
notifica que, de conformidad
con O.C.G.A. §21-2-540,
se celebrara una eleccion
especial en la Ciudad de
Auburn el 2 de noviembre
de 2021 con el proposito de
presentarle a los votantes la
siguiente pregunta para su
aprobacion o rechazo:
( ) SI Debe la
autoridad gobernante de la
ciudad de Auburn, Georgia,
ser
( ) NO autorizada
a expedir licencias para
permitir la venta al por menor
de paquetes
de bebidas alcoholicas
destiladas?”
Todas las personas que
deseen registrarse para votar
en la eleccion especial deben
hacerlo antes del cierre de los
negocios el 4 de octubre de
2021. La votacion anticipada
sera del 12 al 16 de octubre
de 2021 de 9:00 a.m. a 5:00
p.m, el 18 al 23 de octubre de
2021 de 9:00 a.m. a 5:00 p.m.,
y del 25 al 29 de octubre de
2021 de 9:00 a.m. a 5:00 p.m.
en la Oficina de Elecciones del
Condado de Barrow ubicada
en 233 E. Broad St. Winder
La votacion del dla de las
elecciones se llevara a cabo
en The Hmong New Hope
Alliance Church, 1622 Union
Grove Church Rd. Auburn, GA
30011, entre las horas de 7:00
a.m. y 7:00 p.m.
(SE 1 B13066) |
Election
Cancellation Notice
Town of Carl Election
Cancellation Notice
Pursuant to O.C.G.A. 21-2-
291, notice is hereby given that
the General Election for the
Town of Bethlehem scheduled
for November 2, 2021 is
cancelled. The following
candidates have qualified for
office unopposed:
For Mayor
David Brock (Incumbent)
Town Council - Post 1
Frank Cheely (Incumbent)
Town Council - Post 2
Jimmie Shedd (Incumbent)
This the 27th day of August
2021,
Monica Franklin
Elections Director
Barrow County
(SE1 B13066) |
Messmer Estate
Notice
Barrow County
State of Georgia
DEBRAJEAN MESSMER,
DECEASED
ESTATE NO. 2020-ES-
2377
The Petition of CANADA
LITTER KING, for a year’s
support from the estate of
DEBRA JEAN MESSMER
Deceased, for Decedent’s
(Surviving Spouse (and)
(minor child (ren)), having
been duly filed all interested
persons are hereby notified to
show cause, if any they have,
on or before SEPTEMBER 13,
2021 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 must be sworn to
before a notary public or before
a probate court derk, 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.
Tammy S. Brown
Probate Judge
By: Amy Whitlock
Clerk of the Probate Court
652 Barrow Park Dr.
Suite D
Winder, Georgia 30680
770-307-3045
(AU18 25, SE1,8 B/13065-
20) |
Notice to the Public
The City of Winder
Planning Board will hold a
Work Session at 5:30 pm and
a Public Comment & Meeting
at 6:00 pm on Tuesday,
September21,2021 to receive
public input and consider the
following items:
Applicant Jose Vera, 533
Old Mill Court, Norcross,
Georgia, 30093 and owner
JLCBM, LLC, 800 Mt Vernon
Hwy NE Suite 425, Atlanta,
Georgia 30328, have
submitted a Conditional Use
Variance request from the City
of Winder Zoning Ordinance
to allow for tobacco and vape
products at 138 W Athens
Street, Winder, Georgia 30680
also known as Map/Parcel
WN12025.
Applicant Ridgeline Land
Planning, Inc., 196 Belaire
Court, Winder, Georgia 3680
and Owner LAB P I Group
LLC, 62 N Jackson Street,
Winder, Georgia 30680 have
submitted an Application for
Preliminary Plat Approval per
the City of Winder Subdivision
Ordinance and a Variance
from the Zoning Resolution for
property located at 273 Broad
Street, Winder, Georgia also
known as Map/Parcel WN20
506, requesting a reduction
in lot width from the required
75 feet to 73 feet for lots 2-7
as shown on the submitted
preliminary plat application and
approval of said preliminary
plat.
Applicant and Owner
GRGS LLC has submitted
an Application for Preliminary
Plat Approval per the City of
Winder Subdivision Ordinance
and an Application for
Rezoning for property located
at Lakeshore Drive and Sims
Road, Winder, Georgia also
known as Map/Parcel WN11B
024, requesting approval of
the proposed preliminary plat
and rezoning of the parcel
from R1 Low Density Single
Family Residential to R1 B
High Density Single Family
Residential.
Applicant Randy Matheny,
138 Forrester Road Maysville,
Georgia 30558 and Property
Owner Irfan Siraj of 125
Jennings Mill Parkway have
submitted an Application for
Conditional Use from the
Zoning Ordinance for property
located at 0 McNeal Road,
Winder, Georgia also known
as Map/Parcel WN12 544
to allow for a single family
residence to be located within
a Neighborhood Commercial
District and for both the home
and the business to be located
on a single parcel.
Applicant Derrick Cheek,
6133 Forest Hills PI, Peachtree
Corners, Georgia 30092
and owner Greg Stephens,
1120 Cripple Creek Drive,
Lawrenceville, Georgia, 30043
have submitted a request for to
Rezone +/- 3.9 acres located
at Martin Luther King Jr. Drive,
Williamson Street, Midland
Avenue and Stephens Street,
Winder, Georgia also known
as Map/Parcels WN21217,
WN21218, WN21219,
WN21220, WN21221,
WN21222, WN21223,
WN21229, WN21228 from R1
B Single Family High Density
Residential to DT- Downtown.
The Mayor and City Council
will have a Work Session on
Thursday, September 30,
2021 at 6:00 pm and a Meeting
on Tuesday, October 5, 2021
at 6:00 pm. All Planning
Board Work Sessions, Public
Hearings & Meetings, and
City Council Work Sessions
and Meetings are held in the
Council Chambers of the
City of Winder Community
Center, 113 E Athens Street,
Winder, Georgia 30680. Due
to recommendations by the
CDC during the Coronavirus
(COVID-19) crises, one or
all of these meetings may be
conducted via teleconference.
This is allowed by O.C.G.A
50-14- 1(g) as the public
is provided simultaneous
access to the teleconference
meeting, please check the
City of Winder website www.
cityofwinder.com for more
information about the meeting
location.
(SE 1, 8 B2725) |
Notice
Petition by Personal
Representative for Waiver of
Bond and/or Grant of Certain
Powers
IN RE: ESTATE OF
ESTATE NO. 2021-ES-
2522
MILDRED LUCILLE
BRADLEY DECEASED
SHANNON LEE
BRADLEY, has/have
petitioned for waiver of bond,
waiver of reports, waiver of
statements, and/or for thegrant
of certain powers contained
in O.C.G.A. § 53-12-261 in
regard to the above estate.
All interested persons 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
SEPTEMBER 20, 2021.
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.
TAMMY S. BROWN
PROBATE JUDGE
By: Amy Whitlock
CLERK OF PROBATE
COURT
652 Barrow Park Dr.
Suite D
Winder, Georgia 30680
(770)307-3045
(AU25, SE1, 8,15 P4) |
Public Notice
Public Notice of the Public
Hearing and Request for
Public Comment for the State
of Georgia’s
Draft Consolidated Annual
Performance and Evaluation
Report (CAPER) FFY2020/
SFY2021
The State of Georgia, in
compliance with applicable
U.S. Department of Housing
and Urban Development
(HUD) regulations, has
prepared a draft version of the
State’s Consolidated Annual
Performance and Evaluation
Report (CAPER) for the
Federal Fiscal Year 2020. The
State of Georgia will host a
public hearing and webinar to
present the 2020 CAPER. The
CAPER is the annual review
of the State’s performance
in meeting the goals and
objectives identified in the
2018-2022 Consolidated Plan
and FY 2020 Annual Action
Plan. Note that the CAPER
also includes the State CDBG
Performance and Evaluation
Report (State PER) for the
State of Georgia Community
Development Block Grant
(CDBG) Program. The State
of Georgia encourages
citizens, public agencies and
other interested parties to
review the contents of its draft
CAPER and to submit their
written comments.
A draft of the CAPER will
be available for review on
August 23, 2021 by 5 PM by
visiting our website:
https://dca.ga.gov/
node/4565. The report may
also be obtained upon request
from the Georgia Department
of Community Affairs by
emailing HUDPLanning@dca.
ga.gov
The public hearing webinar
will be held on Tuesday,
September 14 from 11:00
AM -12:00 PM. To participate
in the webinar please email
HUDPLanning@dca.
ga.gov to ask to receive the
registration link.
All written comments
should be submitted by email
or postal mail no later than
Friday, September 24,2021 at
5:00 p.m.
Georgia Department of
Community Affairs
Housing Finance and
Development
Attn: CAPER - GHFA
HOME Admin
60 Executive Park South,
NE
Atlanta, GA 30329-2231
(SE1 B12599) |
Brennan Estate
Notice
The Petition to Probate Will
in Solemn Form in the above
Referenced Estate
IN RE: ESTATE
OF DANIEL CHARLES
BRENNAN,DECEASED
ESTATE NO. 2021-ES-
2636
TO: PHILLIP BRENNAN
AND DENNIS BRENNAN
AND TO WHOM IT MAY
CONCERN:
This is to notify you to file
objection, if there is any, to
the Petition to Probate Will in
Solemn Form, in this Court on
or before SEPTEMBER 13,
2021.
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,
continued on following page