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Legal Notices
GEORGIA, Clarke County:
To THE SUPERIOR COURT OF
SAID COUNTY, AND TO THE
HONORABLE HENRY H. WEST,
JUDGE OF SAID COURT:
The petition of W. A. MATHIS,
+/RS. JEANNE L. MATHIS, and
JjAMES L AKINS, respectfully
1. The applicants desire for
themselves, their associates, suc
cessors and Bssigns, to be’ incor
porated sor a period of thirty-five
(35) years, with the privilege of
renewals as provided by law, un
der the name and style of “The
Lyons Apartments, Inc.”
9, The object of said corporation
js pecuniary gain and profit.
3. The purpose for which the
corporation is formed and the
pusiness and objects to be carried
on and promoted by it are as fol~-
“ .\ Te create a private corpor
.tion to provide housing for rent
‘cale. and to acquire any real
estate or interest or rights therein
o 1 appurtenant thereto aqd any
and all personal property in con
nection therewith.
" (b) To improve and operate,
and to sell, convey, assign, mort
sace or lease any real estate and
ony personal property.
“"{¢) To borrow money and issue
evidences of indebtedness in fur
therance of any or all of the ob
jects of its business; to secure the
same by mortgage, deed, deed of
trust, pledge or other lien.
(d) To apply for and obtain or
cause to be obtained from the
Federal Housing Commissioner
(hereinafter called the Commis
sioner) a contract or contracts of
mortgage Insurance pursuant to
the provisions of the National
Housing Act as amended, covering
ponds, notes and other evidences
of indebtedness issued by this
corporation anad any indenture of
mortgage, deed, or deed of trust
securing the same. So long as any
property of this eorporation is en
cumbered by a mortgage, deed, or
deed of trust insured by the Com
missioner it shall engage in no
business other than the construc
tion and operation of a Rental
Housing Project or Projects.
(e) To enter into, perforny and
carry out contracts of any kind
necessary to, or in connection
with, or incidental ot the accom
plishment of any one or more of
the purposes of the corporation.
4, The post office address of the
place at which the principal office
of the corporation in this state
will be located is Athens, Clarke
County, Georgia,
5, The corporation shall have
three directors who shall act as
such until their successors are
duly chosen and qualified.
6. The maximum number of
shares which sald corporation is
authorized to have outstanding
shall be 5,300 shares of which 100
shares having a par value of SI.OO
per shere shall be designated “pre
ferred stock” and 200 shares hav
ing a par value of $5.00 per share
shall be designated “common
stock,” and 5,000 shares having a
par value of SIO.OO per share shall
be designated ag ‘“‘special stock”
and it is desired that said special
stock may be issued from time to
time &s may be determined by the
Board of Directors of this corpor
ation, which shares of capital
stock shall have preferences and
restrictions ag follows:
(a) The holders of the preferred
stock shall be entitled to receive,
when and as declared by the Board
of Directors, non-cumulative divi
dends at the rate of five cents (s¢)
per share per annum, before any
sum or sums shall be set apart for
or applied to the purchase or re
demption of the preferred stock or
special stock and before any divi
dends or other distribution shall
be declared, set apart, paid or
made in respect of the common
stock or specéa_l stock. ;
(b) The net earnings of the cor
poration, after providing there
from dividends on preferred stock
and all reserves hereinafter re
quired, may be applied each year
In payment of dividends to spec
ciai and common stockholders.
The holders of the special stock
shall be entitled to receive, when
and as declared by the Board of
Directors, non-cumulative divi
dends at the rate of sixty cents
(60c) per share per annum, before
any dividends or other distribution
shall be declared, set apart, paid
;r n}x{ade in respect of the commmon
OCK,
(¢) The holders of said special
stock will have no control of any
hature over the corporation and
will get no return from their spe
cial sotck except the dividends
specified jn Section (b) of this
Article 6 of this petition, and said
special stock shall have no voting
pPower,
_(d) The preferred stock at any
time outstanding may be redeem
¢d by the corporation at par and
dividends declared thereon, but
unpaid to the date of such re
demption, provided, however, that
such preferred stock shall be so
Tedeemed, upon, but in no event
before, the termination of any
contract of mortgage insurance
covering any indebtedness of the
torporation without obligation up
gn the Commissioner to issue de
entures as a result of such ter-
Mination, Preferred stock so re
?ss2}l“ shall be retired and can
(@) Anything to
—_— Rotwithstanding, o divi.
the“d' shall be paid upon any of
s capital stock of the corpora
-01 (except with the consent of
the holders of a majority of the
shares of both common and pre
ferred stoek then outstanding) un-
Ul all amortization payments due
under the mortgage insured b
the Commissig .
and ner have been paid,
until a reserve fund for re
blacements i first established and
sy tained by the allocation to
reserve o
fg:mt with tmmortgg. mm(:‘:n
the grantor) oiecurity deed, with
Sponstble depoosri ldsafc and re
;’;*:‘mortgage. commencing ‘t;d g
sl of et v
siortgage insured by the Commnis
proe, Unless a later date is ap
ved In writing by the holders
of the preferred stock, of an
sount equal to $126.00 and a like
ount monthly thereafter. Such
fund whether in the form of a
cash deposit or invested in obli
gations of, or fully guaranteed as
to principal and interest by the
United States of America shall at
all times be under the control of
the mortgagee. Disbursements
from such funds, whether for the
purpose of effecting replacements
of structural elements, furnishings
and mechanical equipment of the
project or for any other purpose,
may be nrade only after receiving
the consent in writing of tHe hold
ers of the preferred stock.
(f) The Corporation, through its
Board of Directors, and conform
able with the applicable laws of
the State of Georgia, may from
time to time retire the whole or
any part of the special stock at the
end of any semi-annual fiscal
period, at par plus dividends de
clared thereon but unpaid to the
date of such retirement, and with
out notice to the holders of any
other classes of stock of this cor
poration, out of the funds repre
senting earned or donated surplus
remaining at the end of such
semi-annual fiscal period, after
payment of, or segregation of
funds for the payment of all oper
ating expenses, taxes, assessments,
and fixed charges, whether due or
accrued, and after payment of all
interest and principal payments
and deposit for taxes, assessments,
water rates, mortgage insurance
premiums, and hazard insurance
premiums, all as required by the
terms of the mortgage insured by
the Commissioner up to the end
of such fiscal period, and after the
establishment and maintenance. of
the reserve fund for replacements
called for in Section (e) of this
Article 6 of this petition. No spe
cial stock shall be retired until
after the completion of the con
struction of the improvements on
the property of the corporation in
accordance with the termrs of the
building loan agreement between
the corporation and the lender
named in said building loan agree
ment, nor before final endorse
ment for mortgage insurance by
the Federal Housing Commissioner
of the credit instrument given to
the lender. The notice of such re
demption shall be mailed not less
than thirty (30) days prior to the
date upon which the special stock
is to be redeemed to each holder
of special stock so to be redeemed,
at his address as it appears on the
books of the corporation. In the
event that less than all of the out
standing special stock of the cor
poration is to be redeemed, the
amount to be redeemed and the
mrethod of effecting such redemp
tion, whether by lot or pro rata or
otherwise, may be determined by
the Boar& of Directors. On and
after the date, fixed for such re
demption, the holders of shares of
special stock so called for redemp
tion shall cease to be entitled to
any further dividends, and the re
spective holders thereof shall have
no right or interest thereon or
therein by reason of the owner
ship of such shares, except to re
ceive the said redemption price,
as a debt without interest, upon
presentation and surrender of
their certificates therefor. Special
stock so redeemed shall be re
tired and cancelled.
(g) In the event of any default
by the corporation, as hereinafter
defined, and during the period of
such default, the holders of the
preferred stock, voting as a class,
ghall be entitled to remove all ex
isting directors of the corporation,
and to elect new directors in their
stead: Provided, however, that one
of said directors shall be the owner
or holder of one or more shares of
common stock., When such default
or defaults shall have been cured,
the right to elect directors shall
again vest in the holders of the
common stock.
(h) Except as otherwise provid
ed by law or as set forth elsewhere
in this petition, all voting rights of
the stockholders shall be vested
exclusively in the holders of the
common stock.
7. The corporation shall mnot
without prior approval of the
holders of a majority of the shares
of preferred stock, given either in
writing or by vote at a nreeting
of the preferred stockholders call
ed for that purpose (a) assign,
transfer, dispose of or encumber
any real or personal property, in
cluding rents, except as specifi
cally permitted by the terms of
the mortgagee, (b) remodel, re
construct, demolish or subtract
from the premises constituting the
project and subject to such mort
gage, (¢) permit the occupancy of
any of the dwelling accommoda
tions of the corporation except at
or below the rents fixed by the
schedule of rentals provided here
inafter, (d) require as a condition
to the occupancy or leasing of any
unit in the project the purchase of
any corporation stock either from
the corporation or any stockholder
or the payments of any considera
tion other than the reasonable
rental provided for in the schedule
of rentals to be filed with and ap
proved by the holders of the pre
ferred stock as provided herein
after, (e) consolidate or merge the
corporation into or with any other
corporation; go into voluntary
liquidation; carry into effect any
plan of reorganization of the cor
poration; redeem or cancel any of
its shares of preferred stock, or
effect any changes whatsoever in
its capital stock; alter or amend
its charter or fail to establish and
maintain reserves as set forth in
this application for incorporation,
(f) require as a condition to the
occupancy or leasing of any unit
in the project the payment to or
deposit with the corporation, or
‘any person or persons, of any
amount other than the payment of
the first month’s rent plus a se
curity deposit in an amount not in
excess of one month’s rent to
guarantee the performance of the
covenants of the lease, (g) execute
or file for record any instrument
which imposes a restriction upon
the sale or occupancy of the pro
ject or any part thereof on the
basis of race, color, or creed, or
execute any agreement, lease, or
conveyance affecting the mort
gaged property which imposes any
such restriction upon its sale or
occupancy.
8. The happening of any of the
following events shall constitute a
default within the meaning of that
word as used in this application:
(1) The failure of the corpora
tion to have disnrissed within
thirty days after commencement,
any receiv bankruptey or
other torm%dafion institut
ed by or against the corporation;
(2) The failure of the corpora
tion to pay the principal, interest,
or any other payment due on any
note, bond, or other obligation
executed by it, as called for by the
terms of such instrument;
(8) The failure of the corpora
tion to establish and maintain the
reserve fund for replacements as
provided in Article 6, Section (e)
hereof or the use of such fund ex
cept as permitted in said section;
(4) The failure of the corpora
tion, continuing for a period of
fifteen days, to perform any of
the covenants, conditions or pro
visipns required by it to be per
formed by this application, the
By-Laws of the corporation, the
mortgage, or any contract to
which the corporation and the
Commissioner shall be parties, or
fail to carry out in full the terms
of any agreement whereby the
loan covered by the insured mort
gage is to be advanced or the pro
ject is to be constructed and op
erated.
(b) In the event the mortgagor
is in default under the terms of
this application for incorporation
or has failed to perform the cove
nants required by it to be per
formed under the terms of this
application or by any mortgage
insured by the Commissioner, the
Commissioner may require the
corporation to furnish at the ex
pense of the corporation a com
plete audit of its books of account
duly certified by a certified pub
lic accountant.
(c) Upon any default by the
corporation, the president or the
secretary, or either of them, as
may be required by law, shall, at
the request in writing of the hold
ers of record of a majority of
shares of the preferred stock,
addressed to him at the office of
the corporation hereinabove des
ignated and stating the purpose of
the meeting, forthwith call a spe
cial meeting to take place within
ten days after such call, of the
preferred stockholders for the pur
pose of the removal of existing
directors and the election of new
directors. If such officers shall
fail to issue a call .for such meet
ing within three days after the
receipt of Such request, then the
holders of a majority of the shares
of the preferred stock may do so
by giving noitce as provided by
law, or if not so provided, then by
giving ten days’ notice of the time,
place and object of the meeting by
advertisement inserted in any
newspaper published in the coun
ty or city in which the principal
office of the corporation is situat
ed. When such default shall have
been cured, the president or the
secretary, or either of them, as
may be required by law, shall, at
the written request of the holders
of a majority of the outstanding
shares of the commron stock of the
corporation, call in the manner
provided by law, a special meet
ing of the common stockholders of
the corporation at which the then
existing directors may be removed
and new directors elected in the
usual manner, Such officer shall
give notice as provided by law, or,
if not so provided, he shall give
ten days’ notice of the time, place
and object of such meeting as
above provided.
9. The following provisions are
hereby adopted for the conduct of
the affairs of the corporation and
in regulation of the powers of the
corporation, the directors and
stockholders:
(a) (1) Dwelling accommodations
of the corporation shall be rented
at a maximum average rental per
room per month fixed by the
Board of Directors of the corpora
tion and approved by the holders
of the preferred stock. A schedule
of rentals for the reasonable ren
tal value of each apartment based
upon the average as so determined
shall be filed with the holders of
the preferred stock, prior to leas
ing or offering for lease of any of
the dwelling accommodations of
the project, and when approved by
them, shall thereafter be main
tained except as provided in Arti
cle 7 hereof. Dwelling accommo
dations of the corporation shall
not be rented for a period in ex
cess of three years nor shall the
property be rented as an entirety
without prior written approval of
the preferred stockholders. Store
accommodations shaall be rented
at a rental to be fixed by the di
rectors with the prior written ap
proval of the holders of the pre
ferred stock. (2) The corporation
shall have the right to charge to
and receive from any tenant such
amounts as from time to time nray
be mutually agreed upon between
the tenant and the corporation
with the written approval of the
holders of a majority of the shares
of preferred stock, for any facili
ties and /or services which may be
furnished by the corporation to
such tenant upon his request, over
and above the facilities and servi
ces to which such tenant may be
entitled by virture of his lease,
including, among other things,
telephone operator and switch~
board services, electric current,
gas, air cooling and conditioning
and other additional or extraordi- ‘
nary facilities or services which
may be furnished by the corpora- ‘
tion in connection with the opera
tion of such housing facilities:
() The corporation shall main
tain its accommodations and the
grounds and equipment appurten
ant thereto in good and substantial
repair and condition: Provided,
that in the event all or any of the
buildings covered by the mortgage
shall be destroyed or damraged by
fire or other casualty, the money
‘deriving from any insurance on
the property shall be applied in
accordance with the terms of the
insured mortgage on the prem
ises.
(¢) The corporation, its prop
erty, equipment, buildings, plans,
offices, apparatus, devices, books,
contracts, records, documents and
other papers relating thereto shall
be subject to examination and in
spection at any reasonable time by
the Commissioner or his duly au
thorized agents; the corporation
shall keep full and complete rec
ords of all corporate meetings of
directors and stockholders and
shall also keep copies of all writ
ten contracts or other instruments
which affect it or any of its prop- |
erty, all or any es which may be |
subject to inspection and exanwi- |
nation by the Commissioner or his
THE BANNER-HERALD, ATHENS, GEORGIA
duly authorized agents.
P si s o
accordance with the u!morm Sys=
tem of accounting prescribed by
the holders of the preferred stock.
(e) The corporation shall fur
nish the Commissioner within 60
days following the: end of each
fiscal year a complete annual fi
nancial report.
(f) At the request of the Com
missioner, or of the holder of a
majority of shares of the prefer=
red stock, his or their agents, em
ployees or attorneys, the corpora
tion shall give specific answers to
questions upon which information
is desired from time to time rela
tive to the inconre, assets, liabili
ties, contracts, operation and con
dition of the property aand the
status of the insured mortgage and
any other information with re
spect to the corporation or its
property which may be requested.
10. The amount of capital with
which said corporation will begin
business is one thousand dollars;
to be represented by an initial
issue of two hundred shares of
common stock of the total par
value of one thousand dollars,
11. The names and post office
addresses of the applicants are: W,
A. Mathis, 725 Milledge Circle,
Athens, Clarke County, Georgia;
Mrs. Jeanne L. Mathis, 725 Mil
ledge Circle, Athens, Clarke Coun
ty, Georgia; James 1. Akins, 185
West Lake Place, Athens, Clarke
County, Georgia.
WHEREFORE, applicants pray
that they be incorporated, and
that a charter be granted unto The
Lyons Apartments, Inc.; and that
said corporation shall have all of
the rights, powers, and privileges
herein prayed for, and such others
as are rnow or may hereafter be
authorized by law to be conferred
upon such corporations.
ERWIN, NIX, BIRCHMORE
& EPTING, p
Attorneys for Applicants.
ORDER
The foregoing application of W.
A. Mathis, Mrs. Jeanne L. Mathis
and James I. Akins, to obtain a
charter for a private corporation
under the name of “The Lyons
Apartments, Inc.,” having been
presented and examined, and it
appearing that the application is
within the purview of the law, and
it further appearing from the cer
tificate of the Secretary of State
that the nanmre of the proposed
corporation is not the name of any
other existing corporation regis
tered in Georgia,
IT IS ORDERED AND AD
JUDGED that said application be
hereby granted and a charter is
granted unto The Lyons Apart
ments, Inc., with all of the rights,
powers, privileges and immunities
as prayed in said application and
as authorized by the laws of
Georgia.
At Chambers, Athens, Clarke
County, Georgia. This 20th day of
April, 1950.
« HENRY H. WEST,
Judge, Superior Court, Western
Circuit.
In the Superior Court of Clarke
County, Geargia. Clerk’s Office.
The foregoing application and
order filed in office this April 20,
1950.
E. J. CRAWFORD, Clerk,
Superior Court, Clarke County,
Georgia,
A 21-28, M 5-12.
NOTICE FOR PUBLICATION
No. 10,903,
July term, 1950.
Clarke Superior Court.
Libel for Divorce.
HOWARD FRANK POSTERO
Plaintiff
versus
MRS. PEGGY JEANNE POSTERO
Defendant
TO THE DEFENDANT, MRS.
PEGGY JEANNE POSTERO:—
Greeting:
By order of the Court, you are
hereby required, to be and ap
pear at the Superior Court of
Clarke County, on the second Mon-~
day in July next, to answer the
plaintiff’s complaint for divorce,
as, in default thereof, the Court
will proceed as to justice shall ap
pertain,
Witness the Honorable HENRY
H. WEST, Judge of said Court,
this 4th day of April, 1950,
KING CRAWFORD
Deputy Clerk Superior Court
Erwin, Nix, Birchmore & Epting
Attorneys for Plaintiff
A 7-21—M 12-19
GEORGIA, Clarke County:
TO THE SUPERIOR COURT OF
SAID COUNTY:
The petition of CHARLES PAR
ROTT, JAMES W. COLLINS, and
MARGARETHE M. PARROTT,
for the granting of a charter for a
private corporation shows to the
court the following:
1. Petitioners desire for them
selves, their associates and succes
sors, to be incorporated under the
name of PIG DRIVE IN, INC. The
principal office and place of bus~
iness of said corporation shall be
located in Clarke County, Georgia.
with the privilege of establishing
branch offices and places of busi
ness in such other places as the
corporation may determine.
2. Petitions are residents of, and
their post office address is, Athens,
Clarke County, Georgia.
3. The purpose of said corpora
tion is pecuniary gain and profit
to its shareholders. The general
nature of the business to be trans
acted is that of a restaurant, or
restaurants, with facilities for
curb, ar drive-in, service to cus
tomers as well as for table service |
to customers. Petitioners desire the ‘
powers also to transact and engage
in any and all legitinrate business
enterprises providing recreation or
amusement, or services, or retail
ing merchandise or produets of
any kind, in connection with or as ’
an adjunct to such restaurant bus
iness, as may be deerr.2d desirable
to the corporation, Petitioners fur
ther desire to have all the powers
and &joy all the privileges grant
ed to private corporations under |
the provisions of Chapter 22-18 of |
the Code of Georgia.
4. The time for which said cor
poration shall have existence is
thirty-five years. ’
5. Said corporation will begin
business with capital o One Thou~
sand Dollars ($1,000.00) in cash or
other asscts, or a combination-of |
the two.
6. Th:p:&pim stock shgll‘bl di
-0 hyndred 'shares
wlgout no'mifi or par value, each
share of which shall stand upon
equality with every other share,
with the right to issue said stock
to.the organizers for such consid
eration in cash, services or prop
erty as may be determined by ma
jority vote of the stockholders at
the organizational meeting; and to
have all the powers with reference
to such stock enumerated in Sec
tion 22-1830 of Code of Georgia.
Petitioners desire the privilege of
increasing the capital stock to five
hundred shares of stock = without
nominal or par_value, by a ma
jority vote of the stock outstand
ing at the tinre at a meeting duly
called for the purpose.
7. Petitioners pray that the lia
bility of stockholders in said cor
poration be confined to the unpaid
purchase price of the stock sub
scribed for by each,
‘WHEREFORE, petitioners pray
to be incorporated under the name
and style aforesaid, with all the
rights and privileges herein set
out and such additional powers
and privileges as may be allowed
like corporations under the laws of
Georgia as they may now or here-~
after exist.
EDWIN FORTSON,
Attorney for Petitioners,
The foregoing petition of
CHARLES PARROTT, JAMES W.
COLLINS and Mrs. Margarethe
M. Parrott, to be incorporated
under the name of PIG DRIVE
IN, INC., read and considered. It
appearing that said petition is
within the purview and intention
of the laws applicable thereto and
said laws have been fully com
plied with, it is hereby ordered,
adjudged and decreed that all the
prayers of said petition are grant
ed and the petitioners and their
associates, successors and assigns
are hereby incorporated and made
a body politic under the name and
style of PIG DRIVE IN, INC,, for
and during the period of thirty
five years, with the privilege of
renewal at the expiration of that
time according to the laws of
Georgia, and that said corporation
is hereby granted and vested with
all the rights and privileges men
tioned in said petition.
Granted at Chambers this 15th
day of April, 1950.
HENRY H. WEST,
Judge, Superior Court, Clarke
County.
A 21-28, M 5-12.
GEORGIA, Clarke County.
To the Superior Court of said
County:
The petition of L. M. Welch, S.
B. Welch and C. D. Welch respect
fully shows:
1. That petitioners desire for
themselves and their associates
and successors to be incorporated
under the name and style of Five
Star, Inc., with the principal of
fice and place of business of said
corporation located in Clarke
County, Georgia, and with the
privilege of establishing other
places of business in such other
places as may be determined.
2. The post office address and
residence of each of the petitioners
above named is Athens, Georgia.
3. The purpose and object of
sald corporation is pecuniary gain
to its shareholders, and the gen
eral nature of the business to be
transacted, and the corporate pow
ers desired are as follows:
(1) To buy and sell at whole
sale and retail vending machines
of all kinds and descriptions, and
to engage in such other related
lawful activities and enterprises as
may be necessary and incidental to
the carrying on of such business,
‘including buying, leasing, holding,
releasing, selling and conveying
the real estate necessary or proper
in connection with said business.
(2) To have all of the powers
and enjoy all of the privileges
enumerated in Sections 22-1827
and 22-1870 of the Code of Geor
gia, 1933, and all of the other pow
ers and privileges in Chapters 22-
18 and 22-19 of said Code, all of
said powers and privileges being
made a part hereof to the same ex
tent as if the same were quoted
herein in full.
4. Time for which the said cor
poration is to have existence is
thirty-five years, with privilege
of renewal.
5. The amount of capital with
which the corporation will begin
business will be $5,000.00, in cash
and other assets.
6. The capital stock of said
corporation shall be $25,000.00
divided into two hundred and fifty
shares of common stock at a par
value of SIOO.OO per share. Peti
tioners desire the privilege of in
creasing the capital stock to $50,-
000.00, by a majority vote of the
stock outstanding at the time of
such increase. The rights of the
holders of said stock shall be de
fined as set forth in the by-laws
of the corporation to be adopted
at its organization meeting, and
shall be issued to the stockholders
/in exchange for cash or property;
and the liability of stockholders to
be confined to the purchase price
of the stock subscribed for by
each.
7. Petitioners present herewith
a certificate issued by the Secre
tary of State that there is no other
corporation of the same name reg
istered in the State of Georgia.
WHEREFORE, Petitioners pray
that they be incorporated under
the name and style aforesaid, with
all of the rights and privileges
herein set dut, and such additional
powers and privileges as may be
necessary and incident to the con
duct of the business of said cor
poration, and as may be allowed
like corporations under the laws |
of Georgia as they now are or may
hereafter exist.
JOHN E. GRIFFIN
/. ttorney for Petitioners.
Athens, Georgia
ORDER
The foregoing petition of L. M.
Welch, S. B. Welch, and C. D.
Welch, to be incorporated under
the name of Five Star, Inc., being |
read and considered, and it ao- |
pearing that said petition is with- }
in the purview and intention of the
laws applicable thereto, and that
all of said laws have besa fully
comp'ied with, including the pre-l
sentation of a certificate from thel
Secretary of State; it is. hereby
ordered, adjudged and decreed |
that all of the prayers of said pe- {
tition be granted, and that said
petitioners, their associates, suc~
cessors and assigns be hereby ine
corrnua under the name' and
style of Five Star, Inc,, for a peri
od of thirty-five years, with the
privilege of renewal at th& ex
piration of that time according to
the Jaws of Georgia, and said cor
poration is hereby granted all of
the rights and privileges mention=-
ed in said petition.
This 28th day of April, 1950,
HENRY H. WEST
Judge Superior Court
Clarke County, Georgia,
Petition and order filed in
Clerk’s office this 28th day of
April, 1950.
E. J. CRAWFORD
Clerk Superior Court
Clarke County, Geprgia,
M 5-12-19-26.
Project No. P. H. S, GA, 62
Elberton, Georgia
Elberion - Elbert County
Health Center
General Construction
ADVERTISEMENT
On or about May 3, 1950, draw
ings and specifications for the
construction of a Health Center
‘Building at Elberton, Georgia, will
be available for distribution to
general contractors by the Archi
tect, James M. Hunt, 11% North
Mclntosh Street, Elberton, Geor
gia.
Applications tronr contractors
interested in bidding on this work
not to exceed two (2) sets of
drawings and specifications to
gether with payment of $25.00 x;er
set should be filed promptly with
the Architect, and the bidding
material will be forwarded, ship
ping charges collect, as soon as
available. Any bidder upon re
turning such set promptly and in
good condition will be refunded
his payment. Bids on this work
will be opened by the City of El
berton and Elbert County at 2 P.
M., June 6, 1950, in the office of
G. C. Crawford, County Commis=
sioner, Elbert County Court
House, Elberton, Georgia.
For: The City of Elberton and
Elbert County
G. C. CRAWFORD,
County Commissioner.
W. E. HALL, Mayor.
M 5-12-19-26.
GEORGIA, Clarke County. |
To the Superior Court of Sa!di
County: |
The petition of L. M. Welch, S.
B. Welch and C. D. Welch respect
fully shows:
1. That petitioners desire for
themselves and their associates
and successors to be incorporated
under the name and style of Vend,
Inc., with the principal office and
place of business of said corpora
tion located in Clarke County,
Georgia, and with the privilege of
establishing other places of busi
ness in such other places as may
be determined.
2. The post office address and
residence of each of the petitioners
above named is Athens, Georgia.
3. The purpose and object of
said corporation is pecuniary gain
to its shareholders, and the general
nature ‘of the business to be trans
acted, and the corporate powers
desired are as follows:
(1) To operate, maintain, and
repair vending machines of all
kinds and descriptions, and to en
gage in such other related lawful
activities as may be necessary and
incidental to the carrying on of
such business, including the buying
and owning of the necessary tools
and equipment of said business and
the buying, leasing, holding, re
leasing, selling, and conveying the
real estate necessary or proper in
connection with said business.
(2) To have all of the powers
and enjoy all of the privileges
enumerated in Sections 22-1827
and 22-1870 of the Code of Geor
gia, 1933, and all of the other
powers and privileges in Chapters
22-18 and 22-19 of said Code, all
of said powers and privileges be
ing made a part hereof to the same
extent as if the same were quoted
herein in full,
4. Time for which the said cor
poration is to have existence is |
thirty-five years, with privilege of
renewal. 4
5. The amount of capital with
which the corporation will begin
business ‘will be '55,000.00, in cash |
and other assets,
6. The capital stock of said cor
poration shall be $25,000.00 divid
'ed into two hundred and fifty
shares of common stock at a par
value of SIOO.OO per share. Peti
tioners desire the privilege of in
creasing the capital stock to $50,-
000.00, by a majority vote of the
stock outstanding at the time of
such increase. The rights of the
holders of said stock shall be de
fined as set forth in the by-laws of
the corporation to be adopted at its
organization meeting, and shall be
issued to the stockholders in ex
change for cash or property; and
the liability of stockholders to be
confined to the purchase price of
the stock suscribed for by each.
7. Petitioners present herewith
a certificate issued by the Secre
tary of State that there is no other
corporation of the same name reg
istered in the State of Georgia.
~ WHEREFORE, Petitioners pray
that they be incorporated under
the name and style aforesaid, with
all of the rights and privileges
herein set out, and such additional
powers and privileges as may be
necessary and incident to the con
duct of the business of said corpo
ration, and as may be allowed like
corporations under the laws of
Georgia as they now are or may
hereafter exist.
JOHN E. GRIFFIN
Attorney for Petitioners
ORDER
The foregoing petition of L. M.
Welch, S. B. Welch and C. D.
Welch, to be incorporated under
the name of Vend, Inc., being read
and considered, and it appearing
that said petition is within the pur
view and intention of the laws ap
plicable thereto, and that all of
said laws have been fully complied
with, including the presentation of
a certificate from the Secretary of
State; it is hereby ordered, ad
judged and decreed that all of the
prayers of said petition be granted,
¢ that said petitioners, their as
sov ‘es, successors and assigns be
here y . incorporated under the{
name and style of Vend, Inc., for |
a period of thirty-five years, with
the privilege of renewal at the ex- ’ |
piration of that time according to
the laws of Georogia, and sald cor
poration is hereby granted all of
the rights and privileges mention=
ed in: Said petition, ' v
This 28th day of April, 1950,
HENRY H. WEST
Judge Superior Court
Clarke County, Georgia
Petition and order filed in
Clerk’s office this 28th day of
April, 1950.
E. J. CRAWFORD
Clerk Superior Court
Clarke County, Georgia
M 5-12-19-26.
CONDEMNATION SALE
GEORGIA, Clarke County:
Will be sold at the court house
door on the 23rd day of May, 1950,
within the legal hours of sale, to
the highest bidder for cash the
following property, to-wit: 1 —
1936 Ford 2 door sedan, Motor No.
18-2232323, said property will be
sold under an order of Hon, Henry
H. West, Judge of the Superior
Court of Clarke County, signed on
the 18th day of February, 1950,
in condemnation proceedings
against said automobile, owner
unknown.,
This Bth day of May, 1950.
H. T. HUFF, Sheriff,
Clarke County, Georgia,
M 12-19,
NOTICE OF SALE UNDER
POWER
STATE OF GEORGIA, County of
Clarke:
WHEREAS, on September 23,
1946, Myrtie G. Thomas and James
J. Thomas of Clarke County,
Georgia, executed to Eveline Ru
binstein and Beryl Rubinstein, as
executors of the estate of Isaac A.
Rubinstein, deceased, Fulton
County, Georgia, a security deed to
secure certain real estate herein
after described, which security
deed is recorded in Deed Book
100, page 99, office of the Clerk,
Superior Court, Clarke County,
Georgia, securing an indebtedness
between the parties.
NOW, because of the default in
the payment of the indebtedness
secured by said security deed, and
said default having continued for
a period of more than thirty dai/:
and not having been made good
accordance with the terms and
provisions of said deed and the
note for which the sanre was given
to secure, the undersigned, Eve
line Rubinstein and Beryl Rubin
stein, as executors of the estate of
Isaac A. Rubinstein, deceased,
pursuant to said deed and note
thereby secured, have declared
the entire amount of said indebt
edness due and payable, and pur
suant to the power of sale con
tained in said security deed, will
on the first Tuesday in June,
1950, during the legal hours of
sale, at the courthouse door in
Clarke County, sell at auction to
the highest bidder for cash, the
property described in said security
deed, to-wit:
All that tract or parcel of land,
together with all improvements
thereon, lying and being in the
City of Athens, Clarke County,
Georgia, and being on the East
side of Pulaski Street, and de
scribed as follows:
Beginning at a point at the cor
ner of the lot formerly owned by
Haddock, and running thence
North in a Northerly direction 40
feet, more or less; thence in an
‘Easterly direction along other
property belonging to the estate of
I. A. Rubinstein in an Easterly
direction approximately 200 feet
to the branch, and just across the
same to a corner; thence in a
Southeasterly direction approxie
mately 7% feet to a post; thence
in a Southerly direction 58 {feet,
more or less to a post; thence
South 8% East 23 feet to a post
corner; thence South 72 degrees
West 132 feet, more or less, to the
beginning point.
This property being a part of
the property deeded by Hope H.
Hale to I. A. Rubinstein on Sep
tember 19, 1802, recorded in Deed
Book VV, page 389, and now
known as Neo. 526 Pulaski Street,
Said property being more par
ticularly described in a security
deed from Myrtie G. Thomas and
Jamres J. Thomas to Eveline Ru
binstein and Beryl Rubinstein, as
executors of the estate of Isaac A.
Rubinstein, deceased, dated Sep
tember 23, 1946, and recorded in
Deed Book 100, page 99, office of
the Clerk, Superior Court, Clarke
County, Georgia,
Said property will be sold and
deed executed by the undersigned
to the purchaser and the proceeds
of sale applied by the undersign
ed, all as provided in the said
power of sale and security deed
containing said power,
EVELINE RUBINSTEIN and
BERYL RUBINSTEIN,
As Executors of the Estate of Isaac
A. Rubinstein, Deceased, as At~
torneys in Fact for Myrtie G.
Thomas and James J, Thomas.
MILNER & STEPHENS,
Attorneys,
Athens, Georgia.
M 12-19-26, J 2.
GEORGIA, Clarke County.
By virtue of an order granted
by the Court of Ordinary, April
Term, 1950, of said County, the
undersigned will sell befor® the
Courthouse door in said County on
the first Tuesday in June, 1850,
within the legal hours of sale, to
highest bidder for cash, the fol
lowing described property:
That lot of land on Winterville-
Tuckston Road in Clarke County,
Georgia, more particularly de
scribed in deed from D. W. Pittard
to Virginia Rose Gillespie record
ed in Deed Book 109, page 269, in
Deed Records of said County.
Gertie Mae Kelley Gillespie,
Guardian for
Virginia Rose Gillespie.
M I-10-0 T X .... .. i oo 4b
ADVERTISEMENT FOR BIDS
Sealed bids will be received in
the office of the City Engineer un
tii 3 P. M., June 6, 1950, after
which they will be opened and
tabulated. Bids are for the erec
tion of a 750,000 gallon steel ele
vated storage tank, which will in
clude the dismantling of an ex
isting elevated tank located on the
City Hall lot, and contract docu
ments are available in the office of
the City Engineer, Athens, Geor
gia. Copies may be received by a
formal request from competent
PAGE FIVE
bidders, .
Bids must be jod by 2
certified, check' m.@flm dn
the amound of five. (5) per cent
of bid.
M 12-19-26-= J 2
—— R
GEORCIA, Clarke County.
All creditors of the estate of
James Hiram Hubert, Sr., deceas
ed, late of Clarke County, Georgia,
are hereby notified to render in
their demands to the undersigned
according to law, and all persons
indebted to said estate are re
quired to make immediate pay
ment to me,
This May 12th, 1950,
Blanche Hubert Brackett,
Administrator w]i‘:t)\ the Will
Annexed of the Estate of
James Hiram Hubert, Sr.
Erwin, Nix, Birchmore &
Epting, Attorneys.
M 12-19-26--J 2-9-16
GEORGIA, Clarke County,
Personally appeared before the
undersigned officer, Upshaw C.
Bentley, Jt., Willfath Huff, who
says on oath that he is carrying
on a business of building and
erecting neon signs in the trade
name of Athens Neon Sign Com
pany and that the said business is
owned and operated by the said
William Huff, whose residence is
250 Bloomfield St., and the address
of the Athens Neon Sign Company
being 180 Park Avenue, Athens,
Georgia.
WILLIAM HUFF
Sworn and subscribed to before
me, this sth day of May, 1950.
UPSHAW C. BENTLEY, JR.
Notatry Publie, Clarke County,
Georgia.
My Commission Expires
January 16, 1958,
Milner & Stephens, :
Attorney at Law,
Athens, Georgia.
M 12-19
GEORGIA, Clarke County.
All creditors of the estate of
Susie Lucas Carlton, deseased, late
of Clarke County, Georgia, are
hereby notified to render in their
demands to the undersigned ac
cording to law, and all persons in
debted to said estate are required
to make immediate payment to us.
This May 12, 1950, .
E. 1. Smith
Mrs. Mae Smith Rayle
As Executors of the Will
of Susie Lucas Carlton °*
Erwin, Nix, Birchmore &
Epting, attorneys,
M 12-19-26--J 2-9-16
BIRTH CERTIFICATE
The following have made ap
plication to the local registrar, Dr.
W. W. Brown, Clarke County,
Georgia, for delayed birth certi
ficates and have paid the legal
publication fee of one dollar:
Mary Grace Costa,
Louise Davenport Powell,
Lillie Mae Hill.
Charles Fullilove Elder, Jr.
Clara May Streetman,
Linda Gail Sims,
Paulene Ethel Bradberry,
Preston Hugh Carter,
! GEORGIA, Clarke County:
‘Whereas, heretofore, on March
9, 1949, Rose Lee Lumpkin did ex
ecute and deliver to Mrs. Esther
M. Joel and Sidney Boley a certain
security deed to the following de
scribed real estate:
All that tract or parcel of land,
together with all improvements
thereon, lying and being in 'the
gity of Athens, Clarke County,
gia, on the west side of Lyn
don Avenue; beginning at ‘the
corner of Lyndon Avenue and
Cherry Street (now Dußose Ave
nue) and running in a southerly
direction 65 feet, more or less,
along Lyndon Avenue to land of
A. H. Davison (formerly), thence
in a westerly direction along line
of A. H. Davison (formerly) 55
feet, more or less, to property of
A. H. Davison (formerly), thence
in a northerly direction along line
of A. H. Davison (formerly) 62
feet, more or less, to Cherry Street
(now Dußose Avenue), thence in
an easterly direction along Cherry
Street (now Dußose Avenue) 57
feet, more or less, to the beginning
corner on Lyndon Avenue, the
above measurements iftluding ‘the
sidewalks on Lyndon Avenue and
Cherry Street (now Dußose Ave
nue); to secure a note of ewven
date therewith for $2185.00, all as
shown by a security deed recorded
in the office of the Clerk of ithe
Superior Court of Clarke County,
Georgia, in Deed Book 115, folio
53; and
Whereas, there hag been a de
fault in the payment of principal
and interest of said note for a
period of more than thirty days
and said Mrs. Esther M. Joel and
Sidney Poley, pursuant to the
terms and provisions of said deed
and the note thereby secured, have
declared said debt so secured by
said deed, together with all in
terest thereon, due and payable:
Now, therefore, pursuant to the
power of sale contained in said
security deed, Mrs. Esther M. Joe’
and Sidney Boley, as agents and
’attomeys in fact for Rose Lee.
Lumpkin, will expose for sale to
the highest and best bidder for
‘cash, the above described real es
tate, on the first Tuesday in June,
1950, between the legal hours of
i sale before the courthouse door:in
Athens, Clarke County, Georgia.
Said property will be sold and
jdeed executed by Mrs. Esther :M.
Joel and Sidney Boley, as atter
neys in fact for Rose Lee Lumpkin,
to purchaser, and the proceeds of
said sale will be used first to pay
ment of said note, principal, in
terest and expenses, and the hal
ance, if any, delivered to the said
Rose Lee Lumpkin.
This the 12th day of May, 1950.
Mrs. Esther M. Joel
Sidney Boley
As agents and attorneys in
fact for Rose Lee Lumpkin,
Erwin, Nix, Birchmore &
Epting, Attorneys.
M 12-19-26, J 2.
' | For Good Used Cars|
B J. Swanton lvy, Inc. §
| Broad Street Lot
’ - Next to Bus Station