About Dawson County news. (Dawsonville, Georgia) 2015-current | View Entire Issue (Jan. 12, 2022)
cm k 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