Newspaper Page Text
PAGE 14B PICKENS COUNTY PROGRESS THURSDAY. OCTOBER 14. 2010
Legal Notices
gpn02
NOTICE OF INTENT TO APPLY FOR A
LICENSE TO SELL BEER AND WINE
BY THE PACKAGE
This is to give public notice of the intent
of the undersigned to make application for
Bee Sweet to the Commissioner’s Office
of Pickens County for a license to sell beer
and wine by the package at the following
location: 17f Foothills Parkway (Brown
Stone Center), Marble Hill, Ga. 30f48.
Those people who will have ANY finan
cial interest in said business are: Hethur
Charlotte.
This 27th day of September 20f 0.
Applicant: Hethur Charlotte
As agent for: Bee Sweet
(22-25p)
gpn06
APPLICATION TO REGISTER A BUSI
NESS TO BE CONDUCTED UNDER
TRADE NAME
STATE OF GEORGIA
COUNTY OF PICKENS
The undersigned does hereby certify
that it is conducting business in Pickens
County, Ga., under the name: Primecast,
264 Bill Hasty Blvd., Jasper, Ga. 30f43
and that the nature of the business is
telecommunications service provider and
the name and address of the owner of the
business is Broadstar, LLC, 2500
Regency Pkwy., Cary, N.C. 27518.
This affidavit is made in compliance with
Georgia Code Annotated, Title 10,
Chapter 1, Section 490.
By: Richard M. Alder, Manager
(24-25p)
gpnOS
APPLICATION TO REGISTER A BUSI
NESS TO BE CONDUCTED UNDER
TRADE NAME
STATE OF GEORGIA
COUNTY OF PICKENS
The undersigned does hereby certify
that it is conducting business in Pickens
County, Ga., under the name: Beyond
Communications, 264 Bill Hasty Blvd.,
Jasper, Ga. 30143, and that the nature of
the business is telecommunications serv
ice provider and the name and address of
the owner of the business is SmartResort
Co., LLC, 5540 Centerview Dr., Ste. 200,
Raleigh, N.C. 27606.
This affidavit is made in compliance with
Georgia Code Annotated, Title 10,
Chapter 1, Section 490.
By: Mark R. Kipfer, its Manager
(24-25p)
gpnOS
APPLICATION TO REGISTER A BUSI
NESS TO BE CONDUCTED UNDER
TRADE NAME
STATE OF GEORGIA
COUNTY OF PICKENS
The undersigned does hereby certify
that it is conducting business in Pickens
County, Ga., under the name: Connexion
Technologies, 264 Bill Hasty Blvd.,
Jasper, Ga. 30143 and that the nature of
the business is infrastructure facilities
provider and the name and address of the
owner of the business is Capitol
Infrastructure, LLC, 111 Corning Rd., Ste.
250, Cary, N.C. 27518.
This affidavit is made in compliance with
Georgia Code Annotated, Title 10,
Chapter 1, Section 490.
Capitol Broadband, LLC, its Manager
By: Glen D. Lang, its Manager
(24-25p)
gpnOS
NOTICE OF APPLICATION TO REGIS
TER A BUSINESS TO BE CONDUCTED
UNDER A TRADE NAME
STATE OF GEORGIA
COUNTY OF PICKENS
The undersigned hereby certifies that as
of Sept. 13, 2010, she is conducting a
business at 295 North Main St., Ste. A,
Jasper, Pickens County, Ga. 30143,
under the name of Joie & Co., Inc., DBA
Artistic Designs & Gifts, and that the
nature of the business is floral design and
gift sales. The name and address of per
son owning and carrying on said business
is Mary D. Peterson, 193 Indian Forest
Rd., Jasper, Pickens, Ga. 30143.
(24-25p)
gpn06
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)
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 #1N6DD21S5XC309230 - 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)
gpn17
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)
gpn16
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)
gpn01
STATE OF GEORGIA
COUNTY OF PICKENS
Pickens County Superior Court
Civil Action File #2010-su-A16
NOTICE OF PETITION FOR ADOPTION
Notice is hereby given that JEANNE
HATTEN WYMAN and ERIC WILLIAM
WYMAN filed their Petition in the Superior
Court of Pickens County, Georgia, on the
23rd day of September, 2010, praying that
judgment be entered allowing the adop
tion of WILLIAM PATRICK BENNETT by
the Petitioners.
Notice is hereby given, pursuant to law,
to any interested or affected party to
appear in said Court and to file objections
to such adoption. Objections must be filed
with said Court within thirty (30) days of
the filing of said Petition.
This 23rd day of September 2010.
LARRY KENT BUTLER
State Bar No. 099775
Attorney for Petitioners
72 South Main Street
Jasper, Georgia 30143
(706) 692-6192
(23-25)
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)
gpn11
STATE OF GEORGIA
COUNTY OF PICKENS
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale
contained in a Security Deed from ASM
BUILDERS, INC. to SOUTHERN
NATIONAL BANK N/K/A UNITED COM
MUNITY BANK, dated June 15, 2006,
recorded June 19, 2006, in Deed Book
716, Page 490, Pickens County, Georgia
records, said Security Deed being given to
secure a Note from ASM BUILDERS,
INC., with interest from date at a rate per
cent per annum on the unpaid balance
until paid; there will be sold by the under
signed at public outcry to the highest bid
der 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 118 of the 13th District,
2nd Section, Pickens County, Georgia,
being Lot 85, Jordan’s Crossing
Subdivision, as shown on plat of said sub
division prepared by Southern Surveying
& Planning, Inc., bearing the seal of
Michael J. Savage, Georgia RLS #2737,
dated December 9, 2004, Job No. C-03-
192, filed for record January 27, 2005 and
recorded at Plat Book QQ, Pages 170-
177, Pickens County, Georgia records,
(Lot 85 being described on Page 176),
said plat being incorporated herein and
made a part hereof by reference thereto.
Subject to all easements, restrictions
and protective covenants of record.
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 pro
vided 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 the Security Deed and by law, including
attorney's fees (notice of intent to collect
attorney's fees having been given).
Said property will be sold subject to any
outstanding ad valorem taxes (including
taxes which are a lien, but not yet due and
payable), any matters which might be dis
closed by an accurate survey and inspec
tion of the property, any assessments,
liens, easements, 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 ASM BUILDERS, INC. or a
tenant or tenants.
SOUTHERN NATIONAL BANK N/K/A
UNITED COMMUNITY BANK, as attorney
in Fact for ASM BUILDERS, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02510
(23-26)
gpn16
PUBLIC HEARING
The Pickens County Board of Appeals
will convene to review and discuss a vari
ance request by Kathleen, Anthony and
Rosemay Aurichio for Lot 7353 at the
Bluffs at Ridgeview in Big Canoe. The
meeting will be held on Thursday, Oct. 21,
2010, at 6 p.m. in the Commissioner’s
Meeting Room at the Pickens County
Administrative Offices at 1266 East
Church St. in Jasper, Ga. The public is
invited to attend.
(24)
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 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)
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)
SUMMARY OF PROPOSED
CONSTITUTIONAL
AMENDMENTS
Pursuant to requirements of the Georgia
Constitution, Attorney General Thurbert E.
Baker, Secretary of State Brian P. Kemp,
and Legislative Counsel Sewell R.
Brumby hereby provide the summaries of
the proposed constitutional amendments
that will appear on the November 2, 2010,
general election ballot for consideration by
the people of Georgia:
-1 -
Allows competitive contracts to be
enforced in Georgia courts.
House Resolution No. 178
Ga. L. 2010, p. 1260
"( ) YES
( ) NO
Shall the Constitution of Georgia be
amended so as to make Georgia more
economically competitive by authorizing
legislation to uphold reasonable competi
tive agreements”?
This proposal provides an exception to
the current constitutional provision which
prohibits the General Assembly from
authorizing any contract or agreement
which may have the effect of or which is
intended to have the effect of defeating or
lessening competition. Under the propos
al, the General Assembly would be
empowered to authorize and provide by
general law for judicial enforcement of
contracts or agreements restricting or reg
ulating competitive activities between or
among: (a) employers and employees;
(b) distributors and manufacturers; (c)
lessors and lessees; (d) partnerships and
partners; (e) franchisors and franchisees;
(f) sellers and purchasers of a business or
commercial enterprise; or (g) two or more
employers. This would include legislative
authority to grant to courts by general law
the power to "blue pencil" or limit the dura
tion, geographic area, and scope of pro
hibited activities provided in a contract or
agreement restricting or regulating com
petitive activities in order to render such
contract or agreement reasonable under
the circumstances for which it was made.
The General Assembly has enacted a
law to exercise the authority granted by
the proposed constitutional amendment.
This law will become effective only if the
constitutional amendment is ratified by the
voters. This law is published at Georgia
Laws 2009, p. 231, and was enacted by
2009 House Bill 173, Act No. 64.
Examples of contracts which would be
authorized by the law include, but are not
limited to: (1) an agreement by an employ
ee to refrain from competing with the
employer after termination of employment;
and (2) an agreement by a seller not to
compete with the seller's customer or
solicit business from customers of the sell
er's customer.
A copy of this entire proposed constitu
tional amendment is on file in the office of
the judge of the probate court and is avail
able for public inspection.
- 2 -
Adds $10 tag fee on private passenger
vehicles to fund statewide trauma care
expansion.
Senate Resolution No. 277
Ga. L. 2010, p. 1260
"( ) YES
( ) NO
Shall the Constitution of Georgia be
amended so as to impose an annual
$10.00 trauma charge on certain passen
ger motor vehicles in this state for the pur
pose of funding trauma care?
This proposal provides for a $10.00
trauma charge to be imposed annually on
each motor vehicle designed to carry ten
or fewer persons that is used for the trans
portation of persons, including pickup
trucks, motorcycles, sport utility vehicles,
and passenger vans. The trauma charge
would be collected together with license
tag and registration fees. The proceeds of
the trauma charge would be placed in a
trauma trust fund and used for trauma
care purposes specified by law. Proceeds
would not have to be placed in the gener
al fund of the state treasury but would
instead be placed in the trust fund; and
any amounts in the trust fund not expend
ed at the end of a fiscal year would not
lapse to the general fund but would rather
remain in the trust fund.
A copy of this entire proposed constitu
tional amendment is on file in the office of
the judge of the probate court and is avail
able for public inspection.
- 3 -
Allows the State to execute multiyear
contracts for long term transportation
projects.
Senate Resolution No. 821
Ga. L. 2010, p. 1263
"( ) YES
( ) NO
Shall the Constitution of Georgia be
amended so as to allow the Georgia
Department of Transportation to enter into
multiyear construction agreements with
out requiring appropriations in the current
fiscal year for the total amount of pay
ments that would be due under the entire
agreement so as to reduce long term con
struction costs paid by the state?"
This proposal provides an exception to
the general rule that prohibits a state
agency from entering into contracts with
private vendors that obligate payments
beyond the funds available to the agency
within its fiscal year. It would allow the
General Assembly by statute to let the
Department of Transportation enter into
construction agreements without obligat
ing present funds for the full amount of the
obligation. Any such agreement would
provide for the termination of the agree
ment in the event of insufficiency of funds
and would limit the payments to not more
than ten fiscal years.
A copy of this entire proposed constitu
tional amendment is on file in the office of
the judge of the probate court and is avail
able for public inspection.
- 4 -
Allows the State to execute multiyear
contracts for projects to improve ener
gy efficiency and conservation.
Senate Resolution No. 1231
Ga. L. 2010, p. 1264
"( ) YES
( ) NO
Shall the Constitution be amended so as
to provide for guaranteed cost savings for
the state by authorizing a state entity to
enter into multiyear contracts which obli
gate state funds for energy efficiency or
conservation improvement projects?"
This proposal provides an exception to
the general rule that prohibits a state
agency from entering into contracts with
private vendors that obligate payments
beyond the funds available to the agency
within the fiscal year. It would permit the
General Assembly to authorize by general
law state governmental entities to incur
debt for the purpose of entering into con
tracts extending for not more than ten
years for governmental energy efficiency
or conservation improvement projects in
which payments are guaranteed over the
term of the contract by vendors based on
the realization of specified savings or rev
enue gains attributable solely to the
improvements.
The General Assembly has enacted a
law to exercise the authority granted by
the proposed constitutional amendment.
This law will become effective only if the
constitutional amendment is ratified by the
voters. This law is published at Georgia
Laws 2010, p. 1091, and was enacted by
2010 Senate Bill 194, Act No. 669.
A copy of this entire proposed constitu
tional amendment is on file in the office of
the judge of the probate court and is avail
able for public inspection.
- 5 -
Allows owners of industrial zoned
property to choose to remove the
industrial designation from their prop
erty.
House Resolution No. 136
Ga. L. 2010, p. 1259
"( ) YES
( ) NO
Shall the Constitution of Georgia be
amended so as to allow the owners of real
property located in industrial areas to
remove the property from the industrial
area?"
The proposal amends the provisions of
the Constitution relating to industrial areas
which exist in only two counties in the
state. Under the Georgia Constitution in
effect prior to 1983 it was possible to have
"local constitutional amendments" which
affected only certain areas in the state.
Under this procedure local constitutional
amendments were ratified in 1950 and
1956 creating industrial areas in Chatham
County. Ga. Laws 1950, p. 444, and Ga.
Laws 1956, p. 352. Under these constitu
tional amendments property in the indus
trial areas could never be annexed to any
city, but any city could provide certain
services and levy certain taxes in such
areas. Under the local constitutional
amendment procedure, the governing
authorities of Jeff Davis County and its
political subdivisions were also authorized
to have a different type of industrial area in
which they could exempt new industries
from property taxes for a certain period of
time. Ga. Laws 1963, p. 674.
Under the current Georgia Constitution
which took effect in 1983, new local con
stitutional amendments were prohibited,
but certain prior local constitutional
amendments, including those creating
industrial areas, were continued in effect.
Any modification in such industrial areas
must now be carried out through a state
wide constitutional amendment.
The current proposal would modify the
conditions under which an owner of prop
erty in an industrial area may choose to
remove the property from the industrial
area. By a general constitutional amend
ment ratified in 1996 a property owner
was authorized to remove the property,
but only if the property was located on an
island. Ga. Laws 1996, p. 1667. The cur
rent proposed amendment would remove
the island limitation, so that any owner of
property in an industrial area could
choose to remove the property from the
industrial area. Further, upon the filing of
a removal certificate, the property shall be
irrevocably annexed into the city which
provides water services, or if none, then
into the city that provides fire services.
A copy of this entire proposed constitu
tional amendment is on file in the office of
the judge of the probate court and is avail
able for public inspection.
SUMMARY OF
PROPOSED STATE-WIDE
REFERENDUM
QUESTION
Pursuant to Code Section 21 2 4 of the
O.C.G.A., the Secretary of State is author
ized to include with the summary of pro
posed constitutional amendments a sum
mary of any state-wide referendum ques
tions to be voted on at the same general
election:
- A -
Provides for inventory of businesses to
be exempt from state property tax.
House Bill No. 482
Ga. L. 2009, p. 132
"( ) YES
( )NO
Shall the Act be approved which grants an
exemption from state ad valorem taxation
for inventory of a business?”
This Act provides that all tangible per
sonal property constituting the inventory
of a business shall be exempt from state
ad valorem taxation.
If approved by a majority of the voters,
the Act becomes effective on January 1,
2011, and applies to all tax years begin
ning on or after that date.
(24-26)
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)
Visit us online
www.pickensprogress.com
Presented By:
Pickens Co. Rec. Dept. & Coca Cola
DATE: Saturday October 16 th
TIME: 7:00PM - Door Prizes & Games
Dark - Movie
WHERE: Roper Park
COST: ***FREE***
MOVIE: “How To Train Your Dragon”
Door Prizes *Moon Walk *Cake Walk *Games