Newspaper Page Text
TheTrue Citizen, Wednesday, October 13, 2010 — Page 17
Legal Advertising
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EXHIBIT “A”
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF BURKE.
Under and by virtue of the Power of Sale
contained in Deed to Secure Debt given by
Ronald D. West and Thomas D. Harrod to
American Farm Properties, Inc., dated July 31,
2008, as recorded in the Office of the Clerk of
Superior Court of Burke County, Georgia, in
Deed Book 724, at page 24, in the original
principal amount of $19,600.00, which
conveys the after-described property to secure
a Promissory Note with interest at the rate
specified therein there will be sold by the
undersigned at public outcry to the highest
bidder for cash before the Courthouse door of
Burke County, Georgia, within the legal hours
of sale on the first Tuesday in November, 2010,
to wit: November 2, 2010, the following
described property:
All that tract or parcel of land and all
improvements thereon, lying and being in
Burke County, Georgia; Farm(s) #46 in the
Keysville Farms Subdivision as shown on Plat
Book B, Page 140, Clerk's Office, Burke
County Superior Court, to which reference is
hereby made for a more complete description
and containing 4.41 acres.
Being the same property conveyed to
Ronald D. West and Thomas D. Harrod by
deed from American Farm Properties, Inc.
dated July 31, 2008, recorded in said Clerk’s
Office in Deed Book 724, at page 23.
Said property is conveyed subject to any
and all easements and restrictions of record.
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. 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 Deed
to Secure Debt and by law, including attorney’s
fees (notice of intent to collect attorney’s fees
having been given).
To the best knowledge and belief of the
undersigned, the party (or parties) in
possession of the subject property known as
Lot 46 of Keysville Farms, 440 Bent Knee
Road, Keysville, Georgia 30816 is: Ronald
D. West and Thomas D. Harrod, tenant or
tenants.
Said property will be sold subject to (a) any
outstanding ad valorem taxes (including taxes
which are a lien, but not yet due and payable),
(b) any matters which might be disclosed by
an accurate survey and inspection of the
property, and (c) all matters of record superior
to the Deeds to Secure Debt first set out above,
including, but not limited to, assessments,
liens, encumbrances, zoning ordinances,
easements, restrictions, covenants, etc.
American Farm Properties, Inc.
As Attorney in Fact for
Ronald D. West and Thomas D. Harrod
Tyler C. Mahaffey
Attorney for American Farm Properties, Inc.
603 Liberty Street
Waynesboro, Georgia 30830
(706) 554-7206
This law firm is acting as a debt collector
attempting to collect a debt. Any information
obtained will be used for that purpose.
Oct. 6,13,20,27c
gpn 9
-407-
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 competitive 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 proposal, the General Assembly would be
empowered to authorize and provide by
general law for judicial enforcement of
contracts or agreements restricting or
regulating 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 duration, geographic area, and
scope of prohibited activities provided in a
contract or agreement restricting or regulating
competitive 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 employee
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 seller’s customer.
A copy of this entire proposed constitutional
amendment is on file in the office of the judge
of the probate court and is available for public
inspection.
Adds $10 tag fee on private passenger
vehicles to fund statewide trauma care
expansion.
Senate Resolution No. 277
Ga. L. 2010, p. 1260
“( ) YES Shall the Constitution
( ) NO of Georgia be amended so as
to impose an annual $10.00 trauma charge
on certain passenger motor vehicles in this
state for the purpose 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 transportation 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
general fund of the state treasury but would
instead be placed in the trust fund; and any
amounts in the trust fund not expended 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 constitutional
amendment is on file in the office of the judge
of the probate court and is available for public
inspection.
Allows the State to execute multiyear contracts
for long term transportation projects.
Senate Resolution No. 821
Ga. L. 2010, p. 1263
“( ) YES Shall the Constitution
( ) NO of Georgia be amended so as
to allow the Georgia Department of
Transportation to enter into multiyear
construction agreements without requiring
appropriations in the current fiscal year for the
total amount of payments that would be due
under the entire agreement so as to reduce
long term construction 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 obligating
present funds for the full amount of the
obligation. Any such agreement would provide
for the termination of the agreement 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 constitutional
amendment is on file in the office of the judge
of the probate court and is available for public
inspection.
4
Allows the State to execute multiyear contracts
for projects to improve energy efficiency and
conservation.
Senate Resolution No. 1231
Ga. L. 2010, p. 1264
“( ) YES Shall the Constitution
( ) NO be amended so as to provide for
guaranteed cost savings for the state by
authorizing a state entity to enter into multiyear
contracts which obligate 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
contracts 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 revenue 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 constitutional
amendment is on file in the office of the judge
of the probate court and is available for public
inspection.
Allows owners of industrial zoned property to
choose to remove the industrial designation
from their property.
House Resolution No. 136
Ga. L. 2010, p. 1259
“( ) YES Shall the Constitution
( ) NO 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
constitutional amendments property in the
industrial 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 constitutional
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 property in an industrial area may choose to
remove the property from the industrial area.
By a general constitutional amendment
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 current 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 constitutional
amendment is on file in the office of the judge
of the probate court and is available 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 authorized
to include with the summary of proposed
constitutional amendments a summary of any
state-wide referendum questions to be voted
on at the same general election:
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 personal
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 beginning on or after
that date.
Oct. 13,20,27c
- See Legals, Pages
14, 15, 16
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