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8B |dawsonnews.com | DAWSON COUNTY NEWS
Wednesday, January 12,2022
the following: (1) any outstanding
ad valorem taxes (including taxes
which are a lien, whether or not
yet due and payable); (2) the
right of redemption of any taxing
authority; (3) any matters which
might be disclosed by an accurate
survey and inspection of the
property; and (4) any assessments,
liens, encumbrances, zoning
ordinances, restrictions, covenants,
and matters of record superior
to the Security Deed first set out
above.
Said sale will be conducted subject
to the following: (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 name, address, and telephone
number of the individual or entity
who has full authority to negotiate,
amend, and modify all terms of the
mortgage is as follows:
PHH Mortgage Corporation 1
Mortgage Way
Mount Laurel, NJ 08054 866-503-
5559
Note that pursuant to O.C.G.A. §
44-14-162.2, the above individual
or entity is not required by law to
negotiate, amend, or modify the
terms of the mortgage.
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY
INFORMATION OBTAINED MAY BE
USED FORTHAT PURPOSE.
WILMINGTON SAVINGS FUND
SOCIETY, FSB, NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY
AS OWNER TRUSTEE FOR CASCADE
FUNDING
MORTGAGE TRUST HB5, as
Attorney-in-Fact for
GARLAND DISHARTOON AND
□LOUISE DISHAROON
Robertson, Anschutz, Schneid,
Crane & Partners, PLLC 10700
Abbott's Bridge Road Suite
170 Duluth, GA 30097 Phone:
470.321.7112
Firm File No. 21-091936
103213 1/5,12,19,26
(Higgins)
NOTICE OF SALE UNDER
POWER
GEORGIA, Dawson COUNTY
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE
USED FORTHAT PURPOSE.
Under and by virtue of the Power
of Sale contained in that certain
Security Deed given by Gordon
Higgins and Meredith Higgins
to SunTrust Bank now known as
Truist Bank, dated 09/21/2011
and filed 10/18/2011, recorded
in Deed Book 1001, Page 372-
380, Dawson County, Georgia
Records, conveying the after-
described property to secure an
Access 3 Equity Line Agreement
and Disclosure Statement in the
original principal amount of One
Hundred Thousand Dollars and
No Cents ($100,000.00), (later
modified) with interest thereon
as set forth therein, there will
be sold at public outcry to the
highest bidder for cash before
the courthouse door of Dawson
County, Georgia, within the legal
hours of sale on Tuesday, February
1, 2022, the following described
property:
THAT TRACT OR PARCEL OF LAND
LYING AND BEING IN LAND LOT(S)
305 OF DISTRICT 5, SECTION 2,
DAWSON COUNTY, GEORGIA,
BEING LOT(S) 2211, THE MCELROY
MOUNTAIN NEIGHBORHOOD OF
BIG CANOE SUBDIVISION, AS PER
PLAT RECORDED IN PLAT BOOK
24, PAGE 287, DAWSON COUNTY,
GEORGIA RECORDS.
BEING AND INTENDING TO
DESCRIBE THE SAME PREMISES
CONVEYED IN A DEED RECORDED
IN BOOK 559, PAGE 396.
KNOWN AS: 2211 CHEROKEETRAIL
PARCEL: 024C-001
The debt secured by said Security
Deed has been and is hereby
declared due because of, among
other possible events of default,
failure to pay the indebtedness as
and when due and in the manner
provided in the Access 3 Equity
Line Agreement and Disclosure
Statement and Security Deed.
The debt remaining in default,
this sale will be made for the
purpose of paying the same and all
expenses of this sale, as provided
in the Security Deed and by law,
including attorney's fees (notice
of intent to collect attorney's fees
having been given).
Said property will be sold subject
to any outstanding ad valorem
taxes (including taxes which are a
lien, but not yet due and payable),
any unpaid water or sewage bills
that constitute a lien against the
property whether due and payable
or not due and payable and
which may not be of record, any
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 including but not
limited to that certain Security
Deed given by Gordon Higgins and
Meredith Higgins to Crescent Bank
& Trust Company, dated 10/6/2005
and filed 10/20/2005, recorded
in Deed Book 703, Page 604,
Dawson County, Georgia Records,
conveying the above-described
property to secure a Note in
the original principal amount of
$50,000.00 (later modified) and
that certain Security Deed given
by Gordon Higgins and Meredith
Higgins to Crescent Bank-Marble
Hill dated 8/3/2007 and filed
8/13/2007, recorded in Deed Book
827, Page 323, Dawson County,
Georgia Records, conveying
the above-described property
to secure a Note in the original
principal amount of $42,402.00
(later modified and later assigned)
and that certain Security Deed
given by Gordon Higgins and
Meredith Higgins to Renasant
Bank, dated 8/15/2013 and filed
8/30/2013, recorded in Deed Book
1087, Page 538, Dawson County,
Georgia Records, conveying
the above-described property
to secure a Note in the original
principal amount of $40,000.00.
To the best knowledge and belief
of the undersigned, the party
in possession of the property is
Gordon Higgins and Meredith
Higgins or a tenant or tenants and
said property is more commonly
known as 2211 Cherokee Trail, Big
Canoe, GA 30143 also known as
1029 Cherokee Trail, Big Canoe,
GA 30143.
In compliance with Georgia law,
please find below the contact
information for the entity who has
authority to negotiate, amend,
and modify the terms of the loan
documents which may include a
note, mortgage, security deed or
deed to secure debt.
SunTrust Bank
Attn: Consumer Home Retention
Group, VA-Richmond-RVW 7954
1001 Semmes Avenue
Richmond, VA 23224
1 (888) 886-0696
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, to any
rights of rescission of the party
conducting this foreclosure sale
pursuant to Georgia law including,
but not limited to O.C.G.A. Section
9-13-172.1, which allows for
certain procedures regarding
the rescission of judicial and
non- judicial sales in the state of
Georgia.
Please note that the Deed Under
Power and other foreclosure
documents may not be provided
until final confirmation and
audit of the status of the loan
as provided immediately above
and final review by the party
conducting this foreclosure sale for
compliance with contractual and
legal obligations pursuant to the
terms of the loan documents and
State and Federal law, including
but not limited to any and all rights
of rescission.
Truist Bank, Successor by Merger
to SunTrust Bank, as Attorney
in Fact for Gordon Higgins and
Meredith Higgins
By: Andrew D. Gleason
Attorney for Truist Bank, Successor
by Merger to SunTrust Bank
Lefkoff, Rubin, Gleason, Russo &
Williams, P.C.
5555 Glenridge Connector
Suite 900
Atlanta, Georgia 30342
(404)869-6900
(404)869-6909 (fax)
1032491/5,12,19,26
(HINMAN)
NOTICE OF SALE UNDER POWER
GEORGIA, DAWSON COUNTY
By virtue of a Power of Sale
contained in that certain Security
Deed from MARK ALAN HINMAN
to WELLS FARGO BANK, N.A.,
dated July 14, 2011, recorded July
21, 2011, in E)eed Book 992, Page
404 , Dawson County, Georgia
Records, said Security Deed
having been given to secure a
Note of even date in the original
principal amount of Two Hundred
Seventy-Eight Thousand Four
Hundred Eighty-Four and 00/100
dollars ($278,484.00), with interest
thereon as provided for therein,
said Security Deed having been
last sold, assigned and transferred
to Forethought Life Insurance
Company, there will be sold at
public outcry to the highest bidder
for cash at the Dawson County
Courthouse, within the legal
hours of sale on the first Tuesday
in February, 2022, all property
described in said Security Deed
including but not limited to the
following described property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 155 OF THE 5TH DISTRICT AND
2ND SECTION OF
DAWSON COUNTY, GEORGIA,
BEING IDENTIFIED AS TRACT 151
OF SASSAFRAS MOUNTAIN AS
SHOWN ON SURVEY
RECORDED IN PLAT BOOK 37,
PAGE 143-145, DAWSON COUNTY,
GEORGIA PUBLIC RECORDS,
WHICH PLAT AND RECORD
THEREOF ARE INCORPORATED
HEREIN BY REFERENCE FOR A
MORE COMPLETE DESCRIPTION OF
SAID PROPERTY.
ALSO CONVEYED HEREIN IS A 60
FT. NON-EXCLUSIVE PERPETUAL
EASEMENT FOR INGRESS AND
EGRESS OVER, ACROSS
AND THROUGH SASSAFRAS
PARKWAY (60 FT. RIGHT-OF-WAY)
FOR ACCESS TO SUBJECT TO AND
FROM THE PUBLIC
RIGHT-OF-WAY KNOWN AS
MONUMENT ROAD.
Said legal description being
controlling, however the property
is more commonly known as 267
COLD STREAM TRAIL, JASPER,
GA30143.
The indebtedness secured by said
Security Deed has been and is
hereby declared due because of
default under the terms of said
Security Deed. 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.
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 MARK ALAN
HINMAN, 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: Select Portfolio Servicing,
Inc., Loss Mitigation Dept., 3217 S.
Decker Lake Dr., Salt Lake City, UT
84119, Telephone Number: 888-
SI 8-6032.
FORETHOUGHT LIFE INSURANCE
COMPANY
as Attorney in Fact for
MARKALAN HINMAN
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 FORTHAT
PURPOSE.
Attorney Contact: Rubin Lublin,
LLC, 3145 Avalon Ridge Place, Suite
100, Peachtree Comers, GA 30071
Telephone Number: (877) 813-
0992 Case No. SPS-21-02470-1
103293 1/5,12,19,26
Public Hearings
Notice of Public Hearing
Notice is hereby given that a public
hearing concerning an Ordinance
Amending Chapter 30 of the Code
of Dawson County to Establish
a Mechanism Whereby County
Residents May Petition the Board
of Commissioners for the Creation
of Special Tax Districts to Fund
Capital Improvement Projects shall
be held by the Dawson County
Board of Commissioners at the
Dawson County Government
Center, 25 Justice Way, Assembly
Room 2302, Dawsonville, Georgia,
at the January 20, 2022, Voting
Session, which will immediately
follow the 4 p.m. Work Session.
103180 1/5,12
NOTICE OF PUBLIC HEARING
The Mayor and Council of the City
of Dawsonville will consider the
following ordinance amendment:
AN ORDINANCE BY THE CITY OF
DAWSONVILLE TO AMEND ITS
ZONING ORDINANCE; TO AMEND
PROVISIONS ON CONDITIONAL
USES AND VARIANCES; TO
AMEND PROVISIONS RELATED TO
CITY INITIATED REZONINGS; TO
ADDRESS BUFFERS; TO PROVIDE
FOR AN EFFECTIVE DATE; TO
PROVIDE FOR SEVERABILITY; AND
FOR OTHER PURPOSES
The first reading of the ordinance
amendment will be held during
the regular meeting of the City
Council starting at 5:00 p.m. on
Thursday, January 20, 2022; the
second reading, PUBLIC HEARING
and consideration of adoption for
the ordinance amendment will be
heard during the regular meeting
of the City Council starting at 5:00
p.m. on Monday, February 7,2022.
Meetings will be held in the G.L.
"Pete" Gilleland Council Chambers
on the 2nd floor of City Hall located
at 415 Hwy 53 E, Dawsonville GA or
it may be held via teleconference
depending upon any restrictions
related to the pandemic. Please
refer to the agenda for said
meeting which will specify how
the meeting will be conducted.
The public is invited to attend. A
copy of the proposed ordinance
amendment is on file in the office
of the City Clerk and on our website
at www.dawsonville-ga.gov.
103520 1/12
Public Sales/Auctions
Notice of Public Sale
All Sales are Final
Pursuant to O.C.G.A 10-4213, an
online auction will be held to
satisfy a landlord's lien at
www.storagetreasures.com. Sale
is competitive bidding ending on
December 27th, 2021 at
10:30AM. Property will be sold by
unit to the highest bidder for cash.
A $100.00 refundable
cleaning deposit per unit will be
required. All units are sold as-is and
all contents must be
removed within 48 hours at close
of bidding. Sale is subject to
cancellation up to time of sale.
Company reserves the right to
refuse any online bid. Unless
otherwise noted, units contain
household goods and/or personal
goods.
Securlock Storage -184 Carlisle RD
Dawsonville GA, 30534
Justin Kyall: Pots, chairs/stools,
lamps, entertainment center, patio
furniture, and chest of
drawers
Greg Scott: Vacuum, fans, boxes,
picture frames
Douglas Martin: Floating cooler,
speakers, briefcase, fishing rods,
gaming system, tubs, lamp,
and tool box.
103246 1/12,19
Probate Notices
IN THE PROBATE COURT OF
DAWSON COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
ALINE MCCLURE
DECEASED
ESTATE NO. 2021 -ES-176
NOTICE
IN RE: The Petition to Probate
Will (and Codicil(s)) in Solemn
Form in the above-
referenced estate having been
duly filed.
[For use ifan heir is required to be
served by publication)
TO: David Bennett & Jason M.
Fausett
[List here all heirs having unknown
addresses to be served by
publication)
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
January 24th,2022
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 offiling 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.
Judge Jennifer Burt
Judge of the Probate Court
By Allie Phillips
Clerk of the Probate Court
25 Justice Way, Suite 4332
Dawsonville, GA 30534
(706)344-3580
102918 12/29,1/5,12,19
IN THE PROBATE COURT OF
DAWSON COUNTY
STATE OF GEORGIA
INRE:
ROBERT U BENSON
DECEASED
ESTATE NO. 2021-ES-182
NOTICE OF PETITION TO FILE FOR
YEAR'S SUPPORT
The petition of LINDA SUE BENSON
,for a year's support from the
estate of ROBERT u BENSON,
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 January
31st 2022, 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.
Judge Jennifer Burt
Judge of the Probate Court
By Allie Phillips
Clerk of the probate Court
25 Justice Way, Suite 4332
Dawsonville, GA 30534
(706)344-3580
103274 1/5,12,19,26