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THURSDAY. APRIL 15. 2004 PICKENS COUNTY PROGRESS PAGE 7C
log Homes
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770-720-2340
www.georgiawoodcare.com
Legal Notices
NOTICE
GEORGIA, PICKENS COUNTY PROBATE
COURT
Re: Petition of Dennis Lee Hancock and
Rembert Hancock to Probate in Solemn
Form the Will of Columbus Hancock,
Deceased, upon which an order for service
was granted by this court on April 2, 2004
TO: Magaleen Burton
This is to notify you to file objections, if
there is any, to the above-referenced petition,
in this court on or before May 3, 2004.
Be notified further: All objections to the
petition must be in writing, setting forth the
grounds of any such objections. If any
objections are filed, a hearing will be held on
May 3, 2004. If no objections are filed the
petition may be granted without a hearing.
This the 2nd day of April 2004.
Hon. D. Rodney Gibson
Judge, Probate Court
(48-51)
WMM.
^The Mountain Company
700 West Church St • Jasper, GA
MACHIELLE HAMILTON
Office 706-692-7440 ext.24
Cell 770-861-4093
E-mail: machielle@alltel.net
www.remaxofjasper.com
1648 - Burnt Mtn. Cove Rd. 2 BR/2 BA cabin on a large
lot. It is 1 mile north of Jasper. Includes 1 car garage, full
fin. bsmtn, mtn. views. $129,900.
NOTICE TO DEBTORS AND CREDITORS
STATE OF GEORGIA
COUNTY OF PICKENS
All creditors of the estate of Abram Glenn
Vellenoweth, deceased, late of Pickens
County, Georgia, are hereby notified to render
in their demands against said estate to the
undersigned and all persons indebted to said
estate are required to make immediate
payment to the undersigned.
This the 7th day of April 2004.
Mary E. Vellenoweth
Administratrix of the Estate of Abram Glenn
Vellenoweth
72 S Main St.
Jasper, Ga. 30143
(49-52)
NOTICE OF INCORPORATION
Notice is given that Articles of Incorporation
which will incorporate Mountain Creek Hollow
Property Owners Association, Inc. have been
delivered to the Secretary of State for filing in
accordance with the Georgia Non-Profit
Corporation Code. The initial registered office
of the corporation is located at 48 Mountain
Creek Hollow Dr., Talking Rock, Ga. 30175
and its initial registered agent at such address
is Blanche M. Lovallo.
(48-49p)
NOTICE
GEORGIA, PICKENS COUNTY PROBATE
COURT
Douglas M. Peters has petitioned to be
appointed Administrator of the estate of
Willard Kenny Peters, deceased, of said
county. The petitioner has also applied for
waiver of bond and/or grant of certain powers
contained in OCGA §53-12-232. 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 May 3, 2004. 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.
D. Rodney Gibson
Judge, Pickens Probate Court
(48-51 p)
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All information believed to be accurate but not warranted.
Prices subject to change at any time.
NOTICE OF SALE UNDER POWER
GEORGIA, PICKENS COUNTY
Under and by virtue of the Power of Sale
contained in a Security Deed given by Jean
Marie Prather to America's Wholesale Lender
(America's Wholesale Lender being the
registered trade name entity of Countrywide
Home Loans, Inc., as reflected by that certain
trade name registration recorded on April 11,
1996, in Book 2, Page 81, of Piokins Country,
Georgia), dated May 22, 1998, recorded in
Deed Book 300, Page 485, Pickens County,
Georgia Records, conveying the after-
described property to secure a Note in the
original principal amount of Fifty Thousand
Two Hundred Fifty and 0/100 Dollars
($50,250.00), with interest thereon as set forth
therein, there will be sold at public outcry to
the highest bidder for cash before the
courthouse door of Pickens County, Georgia,
within the legal hours of sale on the first
Tuesday in May 2004 the following described
property:
See Exhibit “A” attached hereto and
made a part of hereof.
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 Note
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 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 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.
To the best knowledge and belief of the
undersigned, the party in possession of the
property is Jean Marie Prather or a tenant or
tenants and said property is more commonly
known as 56 Hammontree Drive, Jasper,
GA 30143.
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.
EXHIBIT “A”
All that tract or parcel of land lying in Land
Lot 46, 4th District, 2nd Section Pickens
County, Georgia, and being more particularly
described as follows:
Commencing at the west right of way of
Cove Mountain Road with the north right of
way of Long Swamp Church Road also known
as McClain Road, thence with north right of
way of Long Swamp Church Road 926 feet to
an iron pipe found and the POINT OF
BEGINNING. Thence with said Road chord
bearing no distance of South 78 degrees 41
minutes 32 seconds west, 162.64 feet and
having an arc distance of 166.85 feet, thence
north 45 degrees 00 minutes 00 seconds
west, 328.00 feet to an iron pipe set, thence
south 33 degrees 00 minutes 00 seconds
west, 350.00 feet to an iron pipe set, thence
north 26 degrees 12 minutes 04 seconds west
310.75 feet to an iron pipe set, thence north
55 degrees 27 minutes 46 seconds East,
187.56 feet to an iron pipe set, thence north
32 degrees 18 minutes 54 seconds East,
150.00 feet to an iron pipe set, thence south
49 degrees 04 minutes 00 seconds east,
645.68 feet to the POINT OF BEGINNING,
and containing 3.07 acres more or less.
Countrywide Home Loans, Inc., d/b/a
America’s Wholesale Lenders as Attorney-in-
Fact for Jean Marie Prather
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols &
Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/scr 5/4/04
Our file no. 51585201-FT4
This law firm is acting as a debt collector
attempting to collect a debt. Any information
obtained will be used for that purpose.
(48-51)
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Office: 770-720-1400
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FMLS #901070
770-720-1400
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Canton, GA 30114
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NOTICE OF SALE UNDER POWER
GEORGIA, PICKENS COUNTY
By virtue of the power of sale contained in
that certain Deed to Secure Debt/Security
Deed executed by Robert Thacker to The CIT
Group/Consumer Finance, Inc. dated July 31,
2002 and recorded in Book 469 at page 403,
Pickens County, Georgia Records, said Deed
to Secure Debt/Security Deed having been
given to secure a Note dated July 31, 2002, in
the original principal sum of Eighty-Four
Thousand, Six Hundred Dollars and no cents
($ 84,600.00), with interest from date at the
rate stated in said Note on the unpaid balance
until paid, will be sold by the undersigned at
public outcry to the highest bidder for cash
before the Courthouse door at Pickens
County, Georgia, within the legal hours of sale
on the first Tuesday in May 2004, the property
described as:
All that tract or parcel of land lying and
being in Land Lot 84 of the 12th District and
2nd Section of Pickens County, Georgia, and
being known as Lot 7, Priest Hollow
Subdivision, containing 0.701 acre, as shown
on that certain plat of survey made by James
Charles Boling, Georgia Registered Land
Surveyor Number 2531, dated October 28,
1996, Revised August 8, 1997 and October 6,
1997, and recorded October 30, 1997, in Plat
Book CC, Page 198, Pickens County, Georgia
Records, said plat of survey is incorporated
herein and made a part hereof by reference,
same as Deed Book 293, page 211.
Mobile/Manufactured Home Description:
Make:
Model: 1997 Buchaneer 28 x 80
Serial No. 26032AB
Grantor has the certificate of title to said
mobile home and herewith conveys the same
to the grantee herein.
which has the property address of 321
Christian Way Talking Rock, GA 30175
together with all fixtures and other personal
property conveyed by said deed.
The debt secured by said Deed to Secure
Debt/Security Deed has been and is hereby
declared due because of, among other
possible events of default, non-payment of the
monthly installments on said loan. The debt
remaining in default, this sale will be made for
the purpose of paying the same and all
expenses of this sale, including attorney’s
fees.
Said property will be sold as the property of
Robert Thacker, subject to a prior deed to
secure debt in favor of Joyce Higdon dated
July 31, 2002 recorded in Deed Book 469,
Page 398, aforesaid Records, the outstanding
ad valorem taxes and/or assessments, if any,
and all rights-of-way, easements, protective
covenants or restrictions, liens, and other
superior matters of record having priority over
this Deed to Secure Debt/Security Deed.
Said property will be sold as the property of
Robert Thacker and the proceeds of said sale
will be applied to the payment of said
indebtedness, the expense of said sale, all as
provided in said deed, and the undersigned
will execute a deed to the purchaser as
provided in the aforementioned Deed to
Secure Debt/Security Deed.
The CIT Group/Consumer Finance, Inc. as
Attorney-in-Fact for Robert Thacker
By:
Trustee Management Company
10500 Barkley, Suite 102
Overland Park, KS 66212
This is an attempt to collect a debt. Any
information obtained will be used for that
purpose.
(48-51)
NOTICE OF SALE UNDER POWER
GEORGIA, PICKENS COUNTY
Under and by virtue of the Power of Sale
contained in a Security Deed given by James
G. Campbell to The Mortgage People Co.,
dated May 25, 2001, recorded in Deed Book
407, Page 3, Pickens County, Georgia
Records, as last transferred to Chase
Manhattan Mortgage Corporation by
assignment to be recorded in the Office of the
Clerk of Superior Court of Pickens County,
Georgia Records, conveying the after-
described property to secure a Note in the
original principal amount of Five Hundred
Thousand and 0/100 Dollars ($500,000.00),
with interest thereon as set forth therein, there
will be sold at public outcry to the highest
bidder for cash before the courthouse door of
Pickens County, Georgia, within the legal
hours of sale on the first Tuesday in May
2004, the following described property:
See Exhibit “A” attached hereto and
made a part of hereof.
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 Note
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 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 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.
To the best knowledge and belief of the
undersigned, the party in possession of the
property is James G. Campbell or a tenant or
tenants and said property is more commonly
known as 254 Wilderness Parkway, Big
Canoe, GA 30143.
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.
EXHIBIT “A”
ALL THAT TRACT OR PARCEL of land
lying and being in Land Lots 25 and 52 of the
4th District and 2nd Section of Pickens
County, Georgia, being Lot 8220 of the
Disharoon Mountain Neighborhood of Big
Canoe Subdivision, as per plat (the "Plat")
recorded in Plat Book U, Page 35, in the
Office of the Clerk of the Superior Court of
Said County, said plat being by reference
incorporated herein and made a part hereof.
TO HAVE AND TO HOLD the said tract or
parcel of land in fee simple, with all and
singular the rights, members and
appurtenances thereof, to the same being,
belonging, or in anywise appertaining, to the
only property use, benefit and behoof to the
said Grantee as set forth herein; subject,
however, to the following (a) The Plat and all
easements shown thereon; (b) The General
Declaration of Covenants and Restrictions,
dated October 9, 1972, recorded in Deed
Book 19, pages 253-288, Dawson County,
Georgia Records and in Deed Book 23, pages
162-198, Pickens County, Georgia Records,
as amended from time to time as provided
therein; (c) The Class "A" Covenants for
Single Family Records and recorded in Deed
Book 23, pages 198-208, Pickens County;
Georgia Records, as amended from time to
time as provided therein; (d) Real Estate
Taxes for the current year and subsequent
years; and (e) Such covenants, conditions,
restrictions and easements or record, if any,
which may now affect the above-described
property.
Grantee, by his acceptance hereof, and
each and every subsequent successor in title
to the Lot, by their acceptance of a
conveyance thereof, assume and agree to be
bound by the following, which shall, for all
purposes, be deemed to be covenants
running with the land:
(a) Grantee shall pay to Big Canoe Utilities
Company, Inc., a monthly water standby fee
commencing on the date there first exists a
serviceable water line within fifty (50) feet of
any portion of the perimeter boundary of the
Lot. The monthly water standby fee is $3.50
and may change from time to time as
determined by Big Canoe Utilities Company,
Inc.;
(b) The restrictions, limitations on use and
affirmative obligations to pay charges, as set
forth in the aforesaid General Declaration of
Covenants, the aforesaid Class "A"
Covenants, and any and all amendments
thereto;
(c) The Rules and Regulations, and the
charges and assessments from time to time
adopted or imposed by the Big Canoe
Property Owners Association, Inc. (hereinafter
called the "Association”);
(d) That failure by Grantee to comply with
the provisions of either the aforesaid General
Declaration of Covenants, the aforesaid Class
"A" Covenants, any and all amendments
thereto, or the Rules and Regulations of the
Association, whether with respect to the
payment of assessments or otherwise, shall,
in addition to any other legal remedy available
to either the Association or other owners of
property within Big Canoe Subdivision, be
grounds for excluding Grantee from
participation in the use of recreational facilities
within Big Canoe Subdivision.
(e) Grantee shall pay all deposits and
charges for utilities, including by way of
illustration and not by way of limitation
electricity and water consumed or used in
connection with or for the benefit of the Lot
and the amortization of the capital cost of any
such utility facilities, and said obligation of
Buyer shall continue whether or not said
utilities are provided by a public or private
company; and
(f) That the Lot is conveyed in an "as is"
condition and that Grantor has not made any
warranties or commitments with respect to,
nor has Grantor any obligations for additional
work to, said Lot.
Grantee further covenants and agrees, for
himself and his successors in title to the Lot,
that any conveyance or transfer of title to the
Lot shall be accompanies by an absolute
contractual assumption by the successor in
title, in a form reasonably acceptable to the
Association and to Grantor, of the obligations
of Grantee hereunder. Any attempted transfer
of title to the Lot without such an assumption
of obligations shall be void for all purposes;
provided, however, that the provisions hereof
shall not be applicable to any transfers of title
subsequent to any such foreclosure. Grantor
shall have the right to assign, in part of in full,
its rights against Grantee pursuant hereto to
any person or entity whatsoever, including,
without limitation, the Association.
AND THE SAID Grantor will warrant and
forever defend the right and title to the above
undivided interest in the described property
unto the said Grantee against the claims of all
persons whomever.
Chase Manhattan Mortgage Corporation as
Attorney-in-Fact for James G. Campbell
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols &
Clark, LLC
1544 Old Alabama Road
Roswell, Ga. 30076
www.foreclosurehotline.net
DDP/aej 5/4/04
Our file no. 5461604-FT3
(48-51)
DDP/aej 5/4/04
Our file no. 5461604-FT3
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(706)253-2457
Property Ulanted
3-10 Acres
1-4 miles from 515
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770-735-7818