Newspaper Page Text
PAGE 14B PICKENS COUNTY PROGRESS THURSDAY. OCTOBER 7 2010
Legal Notices
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NOTICE OF SALE UNDER POWER
PICKENS COUNTY, GEORGIA
By virtue of a Power of Sale contained in
that certain Deed to Secure Debt from
BYRON D. KIZER AND LISA F. KIZER
(“Grantor") to FIRST CHEROKEE STATE
BANK (“Grantee”) dated September 28,
2004, filed for record October 11, 2004,
recorded at Deed Book 610, Page 280,
Pickens County, Georgia Records, said
Security Deed being given to secure the
payment of that certain Note dated
September 24, 2004, made by Byron D.
Kizer and Lisa F. Kizer to First Cherokee
State Bank in the original principal amount
of Two Hundred Fifty Six Thousand Five
Hundred and 00/100 Dollars
($256,500.00), with interest from the date
thereof at the rate specified therein,
together with all other amounts payable by
Grantor to Grantee, there 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 November, 2010, the
following described property:
All that tract or parcel of land lying and
being in Land Lot 20 of the 13th District,
2nd Section, Pickens County, Georgia,
being Lot 4 as shown on survey for
Associated Properties, recorded at Plat
Book L, Page 5, Pickens County Plat
Records, said plat being incorporated
herein by reference thereto for a more
complete and accurate description of the
subject property.
Together with all rights, easements,
appurtenances, royalties, mineral rights,
oil and gas rights, crops, timber, all water
and riparian rights, wells, ditches, reser
voirs, and all improvements, structures,
fixtures, and replacements that may be
part of the real estate described above
(together with the Land, collectively the
“Property”).
All or a portion of the above described
property is also known as 59 Rogers
Street, Jasper, Georgia (please rely
only on the legal description contained
in this notice for the location of the
property), together with all fixtures and
personal property attached to and consti
tuting a part of said property, if any.
The indebtedness secured by the Deed
to Secure Debt has been and is hereby
declared due because of default under the
terms of the Note and Deed to Secure
Debt including, but not limited to, the fail
ure to make payments thereunder when
due. The indebtedness remaining in
default, the sale will be made for the pur
pose of applying the proceeds thereof to
the payment of the indebtedness secured
by the Deed to Secure Debt, accrued
interest and expenses of the sale and all
other payments provided for under the
Deed to Secure Debt, including attorney's
fees as provided in the Note and Deed to
Secure Debt, notice of intention to collect
attorney's fees having been given as pro
vided by law, and the remainder, if any,
shall be applied as provided by law.
To the best of Grantee's knowledge and
belief, the parties in possession of the
property are Grantor and/or tenants of
Grantor.
The sale will be conducted subject to (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 Deed to
Secure Debt.
Said property will be sold as the proper
ty of Byron D. Kizer and Lisa F. Kizer sub
ject to all unpaid real estate ad valorem
taxes, governmental assessments and
related liens and all prior restrictions,
reservations, covenants, rights of way,
easements, encumbrances and other
matters of record, if any, appearing of
record prior to the date of the Deed to
Secure Debt and those appearing after
the date of the Deed to Secure Debt and
consented to of record by Grantee.
First Cherokee State Bank as Attorney in
Fact for Ogilvie Signature Homes, Inc.
By: James R. Gee, Esq.
James R. Gee Attorney
5213 Willow Creek Overlook
Woodstock, GA 30188
770-928-9833
’The law firm is acting as a debt collec
tor, any information obtained will be used
for that purpose.
(23-26)
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NOTICE TO DEBTORS AND CREDI
TORS
STATE OF GEORGIA
COUNTY OF PICKENS
In re: Estate of Esther Holbert Fountain
All creditors of the estate of Esther
Holbert Fountain, deceased, late of
Pickens County, Ga., are hereby notified
to render their demands to the under
signed according to law and all persons
indebted to said estate are required to
make immediate payment to the under
signed.
This the 24th day of September 2010.
Charles E. Holbert
Co-Executor of the Estate of Esther
Holbert Fountain, deceased
3479 Talking Rock Road
Talking Rock, Ga. 30175
Vernon R. Holbert
Co-Executor of the Estate of Esther
Holbert Fountain, deceased
734 Harmony School Rd.
Jasper, Ga. 30143
(23-26)
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IN THE SUPERIOR COURT OF PICK
ENS COUNTY
Civil Action No. 2010SUCV1026
Calll R. Thomas,
Plaintiff
vs.
Tammy Silvers,
Defendant
NOTICE OF PUBLICATION
By Order for Service of Publication
dated the 10th day of September 2010,
you are hereby notified that on the 10th
day of September 2010 Calli R. Thomas
filed suit against you for legitimization,
custody, name change.
You are required to file with the Clerk of
the Superior Court and serve upon the
Plaintiff an answer in writing within sixty
(60) days of the date of the Order for
Publication.
Witness the Hon John Worcester-
Holland, Judge of the Superior Court.
This the 10th day of September 2010.
Gail Brown, Clerk
Pickens County Superior Court
(22-23p)
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NOTICE OF PUBLIC HEARING
Notice is hereby given that, pursuant to
the provisions of OCGA §36-60-13 (g), as
amended, a public hearing will be held at
10:30 a.m. on Monday, Oct. 11, 2010 in
the Commissioner’s Conference Room at
the County Administrative Building, 1266
E Church St. in Jasper, Ga., regarding the
financing of a facility for use as a county
community center (the “Project”). The
Project will be financed pursuant to a
Lease-Purchase Agreement (the
“Financing Agreement”) between the
Association County Commissioners of
Georgia as lessor/seller and Pickens
County, Ga. as lessee.
All persons residing in Pickens County,
Ga. having questions concerning or views
on the proposed financing of the Project or
the Financing Agreement may appear and
be heard at said public hearing.
(22-23)
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STATE OF GEORGIA
COUNTY OF PICKENS
NOTICE OF FORECLOSURE OF LIEN
By virtue of the right to foreclose its lien
contained in Article IV, Section 8(b), of the
Declaration of Covenants, Conditions and
Restrictions for Petit Crest Villas dated
February 12, 1982, and recorded
February 12, 1982, in Deed Book 80,
Pages 487-507, Pickens County Records,
as amended, there 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 November, 2010, the following
described property:
ALL THAT TRACT or parcel of land
lying and being in Land Lot 16 and/or 23
of the 4th District, 2nd Section, Pickens
County, Georgia, and being Lot 611 of the
Petit Crest Neighborhood of Big Canoe
Subdivision, as per plat of record,
recorded in Plat Book K, Page(s) 233, and
in Plat Book L, page 179, in the Office of
the Clerk of Superior Court of said County,
said plats being by reference incorporated
herein and made a part hereof, together
with the Dwelling and the right to us ,
occupy and enjoy the Lot, the Dwelling
and all improvements located thereon,
and all right, benefits and privileges
appurtenant thereto, for Use Period(s) 20
all as defined in and more fully set forth in
the Declaration of Covenants, Conditions
and Restrictions for Petit Crest Villas (the
"Declaration"), a copy of which is recorded
in Deed Book 80, page 487, Pickens
County, Georgia Records, as amended
and in incorporated herein and made a
part hereof by reference. The estate cre
ated herein (referred to as a "Homeshare
Interest") is an estate for years in the real
property and is to be succession of other
estates in consecutive and chronological
order, revolving among the Homeshare
interest in the Lot as set forth in the
Declaration, each estate to be held sepa
rately and independently by the respective
owner thereof, and continuing until 12:00
noon on the first Saturday in the year 2025
(unless extended as provided in the
Declaration), at which date the estate for
years herein created shall terminate;
TOGETHER WITH a remainder over in
fee simple absolute, as a tenant in com
mon with other owners of Homeshare
interests in the Lot and the Association (as
defined in the Declaration), as provided
for in and pursuant to the Declaration.
The debt constituting said lien is hereby
declared due because of failure to pay
annual fees and charges appertaining to
said Homeshare Interest.
The sale will be held subject to any
unpaid taxes, assessments, rights of way,
easements, covenants, conditions, and
restrictions, liens, and other superior mat
ters of record which may affect said prop
erty.
Said property will be sold as the proper
ty of Charles E. Mintyre, Jr. and Ursula D.
McIntyre and the proceeds of said sale will
be applied to the payment of the indebted
ness and the expense(s) of said sale, all
as provided for in said Declaration, and
the undersigned will execute a deed to the
purchaser at said sale which shall provide
that the purchaser shall take the
Homeshare Interest subject to the afore
mentioned Declaration.
PETIT CREST VILLAS OWNERS ASSO
CIATION, INC., a Georgia nonprofit cor
poration, as Attorney-in-fact for Charles E.
Mintyre, Jr. and Ursula D. McIntyre
James B. Crew, Jr.
McGee & Oxford, LLP
105 North Main St., Ste. 3
Jasper, GA 30143
(706) 253-3560
(23-26)
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APPLICATION TO REGISTER A BUSI
NESS TO BE CONDUCTED UNDER A
TRADE NAME
The undersigned hereby certifies that it
is conducting a business in the City of
Marble Hill, County of Pickens, State of
Georgia, under the name of Southern
Home Inspection Services and that the
nature of the business is Service:
Business services - Home Inspections
and that said business is composed of the
following incorporation: ATD Marketing
Services, Inc., 61 Dobson Ln.. Marble Hill,
Ga. 30148.
(22-23p)
gpnOS
ARTICLES OF INCORPORATION FOR
GEORGIA NON-PROFIT
Notice is given that Articles of
Incorporation which will incorporate New
Life Apostolic Untied Pentecostal Church.
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
will be located at 43 S. Railroad St., Tate,
Ga. 30177 and its initial registered agent
at such address is Harold Eugene Violet.
(22-23p)
gpnOS
NOTICE OF INCORPORATION
Notice is given that Articles of
Incorporation that will incorporate Plastic
Design and Manufacturing, Inc. have
been delivered to the Secretary of State
for filing in accordance with the Georgia
Business Corporation Code (OCGA 14-2-
201.1). The initial registered office of the
corporation is located at 1105 Talking
Rock Rd., Jasper, Ga. 30143 and its initial
registered agent at such address is Kent
Allen Houghton.
(23-24)
gpnOS
NOTICE OF INTENT TO ORGANIZE
Notice is given that articles of
Organization for First Mountain Medical,
LLC, have been filed with the Secretary of
State for filing in accordance with the
Georgia Business Corporation Code. The
initial registered office of the organization
is located at 635 Fairway Dr., Box 20816,
Jasper, Ga. 30143 and the agent at such
address is Traci Harris.
(22-23p)
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IN THE SUPERIOR COURT FOR THE
COUNTY OF PICKENS
STATE OF GEORGIA
Civil Action File No. 2010SUCV-776
Holly Ann Win,
Plaintiff,
vs.
Thi Han Win,
Defendant
NOTICE OF PUBLICATION
By order for Service by Publication
dated the 8th day of September 2010, you
are hereby notified that on the 8th day of
September 2010, Holly Ann Win filed suit
against you for divorce. You are required
to file with the Clerk of Superior Court and
to serve upon the Plaintiff an answer in
writing within sixty (60) days of the date of
the Order for Publication.
Witness the Hon. John Worcester-
Holland, Judge of the Superior Court.
This 8th day of September 2010.
Gail Brown, Clerk Superior Court
Pickens County, Ga.
(20-23)
gpn17
Pursuant to OCGA § 40-11-2, Jasper
Towing, 2068 Philadelphia Rd., Jasper,
GA 30143, states that the following vehi
cle was towed from the location and on
the date shown and is abandoned and will
be sold at a later date if not claimed by the
owner:
1996 Honda dirt bike (black), VIN
#JH2ME0502TK000772, on 2/23/ 2010,
pulled from Hood Rd. in Jasper, Ga.
(22-23p)
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LEGAL NOTICE
In accordance with Ga. Law OCOG
§40-11-2, the following vehicles have
been deemed abandoned and will be sold
at a public sale on Oct. 15 2010. Sealed
bids will be accepted between the hours of
9 a.m. and 2 p.m. on the premises of
Jasper Towing, 2068 Philadelphia Rd.,
Jasper, Ga. 30143. For more information,
call (706)253-3689:
1983 Mercedes Benz (copper) - VIN
#WDBAB53A6DB002568.
1994 Buick Century (beige) - VIN
#1G4AG554XR6498853.
1995 Ford F-150 (white) - VIN
#1 FTEX15N7SKB76689.
(22-23p)
gpn17
NOTICE
Southside Mini-Warehouse. Inc., 1068
Camp Rd., Jasper, Ga. 30143, will hold a
public sale of the contents of the following
storage unit on Oct. 11, 2010. Contents
will be sold to the highest bidder. Buyer
will have 24 hours to remove contents
from unit. All storage units may not be
available at sale. Leasee has right to pay
balance due until time of sale. Inquiries
call (706)253-3339.
Lori Walters - Unit #69
(22-23)
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NOTICE OF ABANDONED VEHICLES
In accordance with OCGA 40-11-2, the
following vehicle was towed and is
presently being stored at A&T Towing,
located at 60-C Liberty Pkwy., Jasper, Ga.
30143 (706-253-8697). Date and location
of recovery is listed below. The vehicle is
abandoned and if not claimed will be sold
by auction:
1996 Ford Aerostar - VIN
#1FMDA31X1TZA94834. Town on 8/9/10
from Hood Road & Hwy. 5 in Jasper.
Auction Date: 11/22/10 at 10:30.
(22-23)
gpn17
NOTICE OF ABANDONED VEHICLE
In accordance with Georgia Code 40-
11-2, the following vehicles have been
impounded and are presently being stored
at Action Auto Body Towing, Inc. located
at 2900 Hwy. 53 East, Jasper, Ga. 706-
253-0277. If the vehicles are not claimed
and paid out of impound they will be sold
to the highest bidder.
Auction is to be held Oct. 27, 2010 at 10
a.m. by sealed bid. Preview will be at 9
a.m.
VIN #JY44KBA07TA058674 - 1996
Yamaha Wolverine 350 pulled from
Bryant Loop.
VIN #1 N6DD21S5XC309230 - 1999
Nissan Frontier pulled from Arrendale Rd.
and Fairview Rd.
VIN #1P3ES42Y9SD247460 - 1995
Plymouth Neon pulled from Action Auto
Body. Inc.
VIN #1N4BU31F0PC228449 - 1993
Nissan Altima pulled from Pickens St.
VIN #1FAFP36382W156396 - 2002
Ford Focus pulled from Main St.
(23-24)
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NOTICE OF PUBLIC SALE
The undersigned, pursuant to the
Georgia Self-Storage Facility Act, Georgia
Code Sections 10-4-210 to 10-4-215, will
sell at a public sale in Pickens County,
State of Georgia, at South Pickens
Storage, 1370 Canton Rd., Jasper, Ga.
30143. The auction will take place on
Friday, Oct. 29, 2010 at 4 p.m. Units to be
auctioned can be viewed the day of auc
tion from 10-3:45 p.m. Only sealed written
bids will be accepted and will be opened
at 4 p.m. Call (770)735-1620 with any
questions.
The following unit to be auctioned is
Unit #E-25, Kelly Debord.
(17-18)
LEGAL NOTICE
Notice is hereby given that Grandview
Health Care Center is operated in accor
dance with Title VI of the Civil Rights Act
of 1964, Section 504 of the Rehabilitation
Act of 1973, the Americans with
Disabilities Act and the Equal
Employment Opportunity Act which pro
vides that no person in the United States,
on the grounds of race, color creed,
national origin, age, sex, religion, handi
cap or marital status be denied the bene
fits of or be subjected to discrimination
under any of our programs, admission
policies or employment practices.
(22-25)
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PUBLIC HEARING
A public hearing will be held on Monday,
October 18, 2010, in the Commissioner's
meeting room at the Pickens County
Administrative Center located at 1266
East Church Street in Jasper, Georgia.
The public hearing will begin at 6:00 p.m.
and will concern proposed revisions to
Chapter 74 - Utilities as well as mandated
state regulations regarding the standards
for outdoor watering of landscape. The
public is encouraged to attend. Copies of
the proposed revisions and standards are
available at the Pickens County Water
Department and available on the Pickens
County website pickenscountyga.gov
(23-24)
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NOTICE OF SALE UNDER POWER IN
SECURITY DEED
STATE OF GEORGIA
COUNTY OF PICKENS
Under and by virtue of the Power of Sale
contained in the Deed to Secure Debt
from F. Ralph Offutt a/k/a F. Ralph Offutt,
Jr., and Debra G. Offutt to Jasper Banking
Company, dated September 1,2007, and
recorded in Deed Book 790, Page 460, in
the offices of the Clerk of the Superior
Court of Pickens County, Georgia (the
"Security Deed"), the undersigned will sell
at public outcry to the highest and best
bidder for cash before the door of the
Courthouse of Pickens County, Georgia,
during the legal hours of sale, on the first
Tuesday in November, 2010, the following
described real property, to wit:
TRACT ONE:
ALL THAT TRACT or parcel of land
lying and being in Land Lot 295, of the 5th
District, 2nd Section, Pickens County,
Georgia, and being Lot 2911 as per plat of
a portion of the Mole Mountain Section,
BENT TREE, by R.A. Gallagher, R.L.S.,
dated February 25, 1971, as revised April
13, 1971, recorded in Plat Book D, page
289, Pickens County, Georgia Records,
and by reference thereto, said plat of sur
vey is incorporated herein and made a
part hereof.
TRACT TWO:
ALL THAT TRACT or parcel of land
lying and being in Land Lot 295, of the 5th
District, 2nd Section, Pickens County,
Georgia, and being Lot 2912 as per plat of
a portion of the Mole Mountain Section,
BENT TREE, by R.A. Gallagher, R.L.S.,
dated February 25, 1971, as revised July
26, 1971, recorded in Plat Book E, page
16, Pickens County, Georgia Records,
and by reference thereto, said plat of sur
vey is incorporated herein and made a
part hereof.
The debt secured by the Security Deed
is evidenced by a Renewal Note, dated
May 16, 2009, from Debra G. Offutt,
Executrix of Estate of F. Ralph Offutt, Jr.
and Debra F. Offutt, Individually, to Jasper
Banking Company, in the original principal
amount of $31,678.00 (the "Note"), plus
interest from date on the unpaid balance
until paid, and other indebtedness.
Default has occurred and continues
under the terms of the Note and Security
Deed by reason of, among other possible
events of default, the nonpayment when
due of the indebtedness evidenced by the
Note and secured by the Security Deed
and the failure to comply with the terms
and conditions of the Note and Security
Deed. By reason of this default, the
Security Deed has been declared fore-
closable according to its terms.
The above-described real property will
be sold to the highest and best bidder for
cash as the property of the Estate of F.
Ralph Offutt, Jr. and Debra G. Offutt, the
proceeds to be applied to the payment of
said indebtedness, attorneys' fees, and
the lawful expenses of said sale, all as
provided in the Note and Security Deed.
The sale shall be subject to the following:
all outstanding ad valorem taxes and/or
assessments, if any; possible redemptive
rights of the Internal Revenue Service, if
any; and all prior assessments, ease
ments, restrictions or matters of record.
To the best of the undersigned's knowl
edge and belief, the real property is
presently owned by the Estate of F. Ralph
Offutt, Jr. and Debra G. Offutt.
To the best of the undersigned's knowl
edge and belief, the party in possession of
the real property is the Estate of F. Ralph
Offutt, Jr. and Debra G. Offutt, and ten
ants holding under them.
Jasper Banking Company, as Attorney-in-
Fact for the Estate of F. Ralph Offutt, Jr.
and Debra G. Offutt.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(23-26)
gpn11
NOTICE OF SALE UNDER POWER IN
SECURITY DEED
STATE OF GEORGIA
COUNTY OF PICKENS
Under and by virtue of the Power of Sale
contained in the Deed to Secure Debt
from F. Ralph Offutt, Jr. and Debra G.
Offutt to Jasper Banking Company, dated
February 12, 2007, and recorded in Deed
Book 758, Page 757, in the offices of the
Clerk of the Superior Court of Pickens
County, Georgia (the "Security Deed"),
the undersigned will sell at public outcry to
the highest and best bidder for cash
before the door of the Courthouse of
Pickens County, Georgia, during the legal
hours of sale, on the first Tuesday in
November, 2010, the following described
real property, to wit:
ALL THAT TRACT or parcel of land
lying and being in Land Lots 223 and 246
of the 5th District, 2nd Section, Pickens
County, Georgia, and being Lot 3569 (for
merly known as Lots 3569 and 3570)
Coffey Cove Section, BENT TREE, as per
plat of survey entitled, “Survey for Roland
R. & Ruth M. Spencer,” dated October 27,
1998 by Richard J. Pool, G.R.L.S. No.
2667, recorded in Plat Book FF page 115,
Pickens County, Georgia Records, and by
reference thereto, said plat of survey is
incorporated herein and made a part here
of.
The above-described lot being formerly
known as Lots 3569 and 3570 Coffey
Cove Section, Bent Tree, having been
consolidated by agreement with Bent Tree
Community, Inc., dated December 17,
1998, and recorded at Deed Book 319,
page 3, Pickens County, Georgia
Records.
The debt secured by the Security Deed
is evidenced by a Renewal Note, dated
May 16, 2009, from Debra G. Offutt,
Executrix of Estate of F. Ralph Offutt, Jr.;
Debra F. Offutt, Individually; and Wanda
W. Baker, to Jasper Banking Company, in
the original principal amount of
$374,000.00 (the "Note"), plus interest
from date on the unpaid balance until
paid, and other indebtedness.
Default has occurred and continues
under the terms of the Note and Security
Deed by reason of, among other possible
events of default, the nonpayment when
due of the indebtedness evidenced by the
Note and secured by the Security Deed
and the failure to comply with the terms
and conditions of the Note and Security
Deed. By reason of this default, the
Security Deed has been declared fore-
closable according to its terms.
The above-described real property will
be sold to the highest and best bidder for
cash as the property of the Estate of F.
Ralph Offutt, Jr. and Debra G. Offutt, the
proceeds to be applied to the payment of
said indebtedness, attorneys' fees, and
the lawful expenses of said sale, all as
provided in the Note and Security Deed.
The sale shall be subject to the following:
all outstanding ad valorem taxes and/or
assessments, if any; possible redemptive
rights of the Internal Revenue Service, if
any; and all prior assessments, ease
ments, restrictions or matters of record.
To the best of the undersigned's knowl
edge and belief, the real property is
presently owned by the Estate of F. Ralph
Offutt, Jr. and Debra G. Offutt.
To the best of the undersigned's knowl
edge and belief, the party in possession of
the real property is the Estate of F. Ralph
Offutt, Jr. and Debra G. Offutt, and ten
ants holding under them.
Jasper Banking Company, as Attorney-in-
Fact for the Estate of F. Ralph Offutt, Jr.
and Debra G. Offutt
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(23-26)
gpn11
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF PICKENS
Under and by virtue of the Power of Sale
contained in a Deed to Secure Debt given
by Thomas G. Gwin and Betty Sandra
Gwin to 1st Franklin Financial
Corporation, dated July 12, 2002, record
ed in Deed Book 468, Page 704, Pickens
County, Georgia records, as amended by
that First Amendment to Deed to Secure
Debt dated June 19, 2008, recorded in
Deed Book 829, Page 494, Pickens
County, Georgia records conveying title to
the after-described property to secure a
Note in the original amended principal
amount of TWENTY EIGHT THOUSAND
FOUR HUNDRED AND FOUR DOLLARS
AND NINETEEN CENTS ($28,404.19),
with interest thereon as set forth therein,
there will be sold at public outcry to the
highest bidder for cash before the court
house door of Pickens County, Georgia,
within the legal hours of sale on the first
Tuesday in November, 2010, the following
described property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND LOT
203 OF THE 13TH DISTRICT, 2ND SEC
TION OF PICKENS COUNTY, GEORGIA.
BEING 1.00 ACRE, MORE PARTICU
LARLY DESCRIBED IN A PLAT OF SUR
VEY RECORDED IN PLAT BOOK BB.
PAGE 236, PICKENS COUNTY
RECORDS, WHICH PLAT IS INCORPO
RATED HEREIN BY REFERENCE FOR
A MORE COMPLETE DESCRIPTION OF
THE PROPERTY. THIS IS THE SAME
PROPERTY CONVEYED BY DOYLE E.
HALL TO THOMAS GRADY GWIN AND
BETTY SANDRA GWIN BY A DEED
RECORDED IN DEED BOOK 193, PAGE
8, PICKENS COUNTY RECORDS. TAX
ID #016-136-001.
The debt secured by said Deed to
Secure Debt 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
Deed to Secure Debt, failure to pay prop
erty taxes and failure to maintain ade
quate insurance on the property as
required by the Note and Deed to Secure
Debt. The debt remaining in default, this
sale will be made for the purpose of pay
ing the same and all expenses of this sale,
as provided in the Deed to Secure Debt
and by law, including attorneys' fees
(notice of intent to collect attorneys' 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 matter which might be dis
closed by an accurate survey and inspec
tion of the property, any assessments,
liens, encumbrances, zoning ordinances,
restrictions, covenants and matters of
record superior to the Deed to Secure
Debt first set out above.
To the best knowledge and belief of the
undersigned, the parties in possession of
the property is Thomas G. Gwin a/k/a
Thomas Grady Gwin and Betty Sandra
Gwin or a tenant or tenants. 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 con
firmation and audit of the status of the loan
with the holder of the Deed to Secure
Debt.
1st Franklin Financial Corporation as
Attorney-In-Fact for Thomas G. Gwin and
Betty Sandra Gwin.
Bray & Johnson Attorneys
Derek S. Poarch
Georgia Bar No.: 141439
10 North Street
Canton, Georgia 30114
(770) 479-1426
This law firm is acting as a debt collec
tor attempting to collect a debt. Any infor
mation obtained will be used for that pur
pose.
(23-26)
NOTICE OF SALE UNDER POWER
GEORGIA, PICKENS COUNTY
Under and by virtue of the Power of Sale
contained in that certain Security Deed
and Agreement from Thomas D. Steele
(“Grantor”) to Community & Southern
Bank, as successor in interest to Gilmer
County Bank, a division of Appalachian
Community Bank, by virtue of Assignment
from the FDIC, as Receiver for Gilmer
County Bank, a division of Appalachian
Community Bank (“Grantee”), dated June
4, 2004, filed and recorded June 7, 2004,
in Deed Book 590, Page 194, Pickens
County, Georgia Records (the “Security
Deed”), conveying the after-described
property to secure that certain Universal
Note dated June 4, 2004, from Grantor
payable to Grantee in the original principal
amount of One Hundred Eighty Nine
Thousand Nine Hundred and No/100
Dollars ($189,900.00), with interest there
on as set forth therein (the “Note”), 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 November, 2010, the following
described property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOTS 141 AND 142 OF THE 5TH DIS
TRICT AND 2ND SECTION OF PICKENS
COUNTY, GEORGIA. BEING LOT 45,
THE HIGHLANDS, PHASE ONE, CON
TAINING 10.02 ACRES, MORE OR
LESS, ACCORDING TO THAT CERTAIN
PLAT OF SURVEY PREPARED BY
MARK E. CHASTAIN, GEORGIA REGIS
TERED LAND SURVEYOR NUMBER
2718, DATED JULY 13, 2000, AND
RECORDED SEPTEMBER 7, 2000, IN
PLAT BOOK II, PAGES 218-223, PICK
ENS COUNTY, GEORGIA RECORDS,
WHICH SAID PLAT OF SURVEY IS
INCORPORATED HEREIN AND MADE A
PART HEREOF BY REFERENCE
THERETO.
The indebtedness secured by said
Security Deed has been and is hereby
declared due and payable 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. 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 as provided by law).
The property will be sold for cash or cer
tified funds and subject to any and all mat
ters of record superior to said Security
Deed, outstanding ad valorem taxes, any
matters which might be disclosed by an
accurate survey and inspection of the
property, zoning ordinances, restrictions,
covenants, and easements against the
property, if any. The sale will be conduct
ed as set forth herein subject to (1) confir
mation prior to the sale that the sale is not
prohibited under the U.S. Bankruptcy
Code and (2) final confirmation and audit
prior to the sale of the status of the loan
with the holder of the Security Deed.
Grantee reserves the right to sell the
property in one parcel or as an entirety, or
in such parcels as Grantee may elect, as
permitted in the Security Deed.
To the best of the undersigned's knowl
edge and belief, the property is located at
11306 Big Canoe, Big Canoe, Pickens
County, Georgia, and the party in pos
session of the property is Thomas D.
Steele, or his tenant or tenants.
COMMUNITY & SOUTHERN BANK, as
successor in interest to Gilmer County
Bank, a division of Appalachian
Community Bank, by virtue of Assignment
from the FDIC, as Receiver for Gilmer
County Bank, a division of Appalachian
Community Bank, as Attorney-in-Fact for
Thomas D. Steele
Thompson, O'Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
This law firm is acting as a debt collec
tor attempting to collect a debt. Any infor
mation obtained will be used for that pur
pose.
(23-26)
For questions
about legal
ads contact
Shawna at the
Pickens Progress
706-253-2457
sisaac@pickensprogress.com
In Memory ~ Ed Morgan
August 6,1956 - October 1, 2006
Forever in our hearts.
Sharon, Joe, & Katy
PUBLIC HEARING
The Pickens County Board of Appeals will convene to
review and discuss a variance request by Kathleen,
Anthony and Rosemay Aurichio for Lot 7353 at the Bluffs
at Ridge view in Big Canoe. The meeting will be held on
Thursday, October 21, 2010, at 6:00 p.m. in the
Commissioner’s Meeting Room at the Pickens County
Administrative Offices at 1266 East Church Street in
Jasper, Georgia. The public healing is invited to attend.
Presented By:
Pickens Co. Rec. Dept. & Coca Cola
Saturday October 16 th
7:00PM - Door Prizes & Games
Dark - Movie
Roper Park
***FREE***
“How To Train Your Dragon”
DATE:
TIME:
WHERE:
COST:
MOVIE:
Door Prizes *Moon Walk *Cake Walk *Games