About The times. (Gainesville, Ga.) 1972-current | View Entire Issue (May 13, 2020)
12B CLASSIFIED ADVERTISING 770-535-1199 www.gainesvilletimes.com The Times, Gainesville, Georgia Midweek Edition-May 13-14,2020 Georgia Records, which is referred to and made a part of this description. Said property is known as 2843 White Azalea Street, Buford, GA 30519, together with all fixtures and personal property attached to and constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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. The proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law. 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 secured creditor. The property is or may be in the possession of Dana M. Gold, successor in interest or tenant(s). Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2007-RFC1, Asset- Backed Pass-Through Certificates as Attorney- in-Fact for Dana M. Gold File no. 15-053015 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 211 Perimeter Center Parkway, N.E., Suite 300 Atlanta, GA 30346 (770) 220-2535/HG shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 91926 5/6,13,20,27 (HORTMAN) NOTICE OF SALE UNDER POWER GEORGIA, HALL COUNTY THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Marty Hortman to ING BANK, FSB, dated November 20, 2008, recorded in Deed Book 6444, Page 649, Hall County, Georgia Records, as last transferred to CSMC 2018-SP3 Trust by assignment recorded in Deed Book 8419, Page 130, Hall County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED SEVENTY- TWO THOUSAND AND 0/100 DOLLARS ($372,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cashsale in the Hall County Board of Commissioners meeting room on the 2nd floor of the Hall County Government Center located at 2875 Browns Bridge Road, Gainesville, Hall County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in June, 2020, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART 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 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 yetdueand 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. CSMC 2018-SP3 Trust is the holderofthe Security Deed to the property in accordance with OCGA § 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Select Portfolio Servicing, 3217 S. Decker Lake Dr., Salt Lake City, UT 84119, 888-818-6032. To the best knowledge and belief of the undersigned, the party in possession of the property is Marty Hortman or a tenant or tenants and said property is more commonly known as 5575 Point West Drive, Oakwood, Georgia 30566. 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. CSMC 2018-SP3 Trust as Attorney in Fact for Marty Hortman McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, GA 30076 www.foreclosurehotline. net EXHIBIT "A" ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 88 OF THE 8TH DISTRICT, HALL COUNTY, GEORGIA, BEING LOT 50, POINTE WEST SUBDIVISION, AS PER PLAT RECORDED IN PLAT SLIDE 529, PAGE 129A, HALL COUNTY, GEORGIA RECORDS, WHICH RECORDED PLAT IS INCORPORATED HEREIN BY THIS REFERENCE AND MADE A PART OF THIS DESCRIPTION. SAID PROPERTY BEING KNOWN AS 5575 POINT WEST DRIVE ACCORDING TO THE PRESENT SYSTEM OF NUMBERING PROPERTY IN HALL COUNTY, GEORGIA. The right, if any, of The United States of America to redeem said land within 120 days from the date of the foreclosure sale held on June 2, 2020, as provided for by the Federal Tax Lien Act of 1966 (Public Law 89- 719). MR/bdr 6/2/20 Our file no. 5742019 - FT1 91816 5/6,13,20,27 (WEHUNT) NOTICE OF SALE UNDER POWER GEORGIA, HALL COUNTY THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by James C. Wehunt and Amy H. Wehunt to GOLD MOUNTAIN MORTGAGE INC, dated 06/25/2004, recorded in Deed Book 5031, Page 266, Hall County, Georgia records, as last transferred to U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc. Mortgage Pass- Through Certificates Series 2004-NCM1 by assignment recorded or to be recorded in the Hall County, Georgia records conveying the after-described property to secure a Note in the original principal amount of One Hundred Sixty-Six Thousand and 00/100 DOLLARS ($166,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash at the usual place for conducting Sheriff's sales in Hall County, Georgia, within the legal hours of sale on the first Tuesday in June 2020, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 31 OF THE 8TH LAND DISTRICT OF HALL COUNTY, GEORGIA, CONTAINING 1.869 ACRES, AND BEING DESIGNATED AS TRACT 2 ON A PLAT OF SURVEY ENTITLED "SURVEY FOR ANN B. HARBIN" PREPARED BY JOSEPH N. SAVAGE, GEORGIA REGISTERED LAND SURVEYOR, DATED JUNE 20, 2003, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER MARKED BY AN IRON PIN SET ON THE NORTHWESTERLY RIGHT OF WAY OF MEEKS ROAD (60' RIGHT OF WAY); SAID BEGINNING CORNER BEING LOCATED A DISTANCE OF 398.48' IN A SOUTHWESTERLY DIRECTION AS MEASURED ALONG THE NORTHWESTERLY RIGHT OF WAY OF MEEKS ROAD FROM AN IRON PIN AT PROPERTY OF NELWYN B. TURK (ALSO KNOWN AS MRS. HANES TURK); THENCE FROM SAID POINT OF BEGINNING RUNNING SOUTH 46 DEGREES 50 MINUTES 09 SECONDS WEST ALONG THE NORTHWESTERLY RIGHT OF WAY OF MEEKS ROAD, A DISTANCE OF 120.27' TO A CORNER MARKED BY AN IRON PIN; THENCE LEAVING THE RIGHT OF WAY OF MEEKS ROAD AND RUNNING NORTH 11 DEGREES 03 MINUTES 18 SECONDS WEST A DISTANCE OF 101.41' TO A POINT; THENCE NORTH 58 DEGREES 02 MINUTES 07 SECONDS WEST A DISTANCE OF 225.99' TO A CORNER; THENCE SOUTH 64 DEGREES 12 MINUTES 04 SECONDS WEST A DISTANCE OF 196.89' TO A CORNER MARKED BY AN IRON PIN; THENCE NORTH 25 DEGREES 47 MINUTES 56 SECONDS WEST A DISTANCE OF 256' TO A CORNER MARKED BY AN IRON PIN; THENCE NORTH 64 DEGREES 12 MINUTES 04 SECONDS EAST A DISTANCE OF 256 TO A CORNER MARKED BY AN IRON PIN; THENCE SOUTH 25 DEGREES 47 MINUTES 56 SECONDS EAST A DISTANCE OF 256' TO A CORNER MARKED BY AN IRON PIN; THENCE SOUTH 58 DEGREES 02 MINUTES 07 SECONDS EAST A DISTANCE OF 216.19' TO A CORNER; THENCE SOUTH 11 DEGREES 03 MINUTES 18 SECONDS EAST A DISTANCE OF 91.77' TO THE POINT OF BEGINNING. 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 yetdueand 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. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: PHH Mortgage Services, 1 Mortgage Way, Mt. Laurel Way, NJ 08054, 1-800-449-8767. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the parties in possession of the property are James Wehunt, Amy Wehunt 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 confirmation and audit of the status of the loan with the holder of the security deed. U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc. Mortgage Pass-Through Certificates Series 2004- NCM1 as Attorney in Fact for James Wehunt, Amy Wehunt Weissman PC Attn: Lender Services One Alliance Center, 4th Floor 3500 Lenox Road Atlanta, GA 30326 Our File# 019231 -000607 91038 5/6,13,20,27 Forfeiture/Seizure ABANDONED MOTOR VEHICLE PETITION ADVERTISEMENT You are hereby notified, in accordance with O.C.G.A. Section 40-11- 19.1, that petitions were filed in the Magistrate Court of HALL County to foreclose liens against the vehicles listed below for all amounts owed. If a lien is foreclosed, the Court shall order the sale of the vehicle to satisfy the debt. The present location of the vehicles is: Statewide Wrecker Service, Inc. 2315 Murphy Blvd, Gainesville, GA 30504 Anyone with an ownership interest in a vehicle listed herein may file an answer to the petition on or before: 06/05/2020 Answer forms may be found in the Magistrate Court Clerk's office. Forms may also be obtained online at www.georgiamagistrate council.com. Vehicle Make: Dodge Year: 2004 Model: Ram 1500 Vehicle ID #: 1D7HA18D14S5291 15 Vehicle License #: RJJ9702 State: Georgia Magistrate Court Case No.: MV2020-181979-P Vehicle Make: Ford Year: 1994 Model: F-150 Vehicle ID #: 1FTDF15YXRNA24634 Vehicle License #: RQP3396 State: Georgia Magistrate Court Case No.: MV2020-181978-P MAG 40-10 92133 5/13, 20,27 Miscellaneous IN THE STATE COURT OF HALL COUNTY STATE OF GEORGIA LEONARDO SANTACRUZ, Plaintiff, vs. MASON CHANCE MARTIN, Defendant. CIVIL ACTION NO. 2019SV1000D SUMMONS AND NOTICE OF PUBLICATION By Order of Service dated the 20th of April, 2020, you are hereby notified that on the 27th of November, 2019, LEONARDO SANTACRUZ, as Plaintiff, filed an automobile tort civil suit against you for damages for bodily injuries. You are hereby required to file with the Clerk of State Court of Hall County and serve upon HEATHER A. THORPE, Plaintiffs attorney, whose address is 2620 Buford Highway, Atlanta, Georgia 30324, an answer in writing within sixty (60) days from the date of the first publication of notice following service by publication. So ordered by The HONORABLE JUDGE JOHN WAKEFIELD, Hall County State Court. 91832 4/29, 5/6,13, 20 IN THE SUPERIOR COURT OF HALL COUNTY STATE OF GEORGIA CATHERINE PAGE, Plaintiff v BRITTANY PAGE, JUSTIN RATELLE, And JOHN DOE, Defendants. CIVIL ACTION FILE N0.2020CV527-A TO: JOHN DOE. You are hereby notified that a Third-Party Petition for Custody has been filed against you in the Superior Court of Hall County under civil action file no. 2020CV527-A. You are hereby summoned and required to file with the Clerk of said court and serve upon the Petitioner's attorney, Melanie F. Fain, Esq., 81 Crown Mountain Place, Suite 300E, Dahlonega, Georgia 30533 an answer to the Petition within thirty (30) days of the last date of the publication of this notice, exclusive of that date. If you fail to do so, the relief sought in Plaintiff's Petition for Custody will be granted against you. Witness the C. Andrew Fuller, Judge of this Court, on this 9hay of April, 2020. Prepared by: Melanie F. Fain, Esq., 81 Crown Mountain Place, Suite 300E,Dahlonega, Georgia 30533; 706- 867-3103; melanie@ alfredchanglaw.com. 91631 4/22, 29, 5/6,13 NOTICE OF LOCATION AND DESIGN APPROVAL P.1.0013922 HALL COUNTY Notice is hereby given in compliance with Georgia Code 22-2-109 and 32-3-5 that the Georgia Department of Transportation has approved the Location and Design of this project. The date of location and design approval is: April 24, 2020 The project is located in Hall County 4 miles south of Gainesville. The project is located 100% in the G.M.D 565. This project will replace the existing bridge that was built in 1967 over 1- 985 in Gainesville. The proposed bridge will be 254 feet long, consisting of two 11-foot lanes, a 4-foot bike lane, a 2-foot gutter, and an 8.5-foot sidewalk on the north side. The south side will be a 6-foot shoulder. The total deck width will be 45.33 feet. The roadway approaches will consist of one 11-foot lane in each direction, one 4-foot bike lane with a 14-foot wide urban shoulder which includes 2.5-foot curb and gutter, 2- foot grass strip, and 8-foot sidewalk on the north side. The south side will be a 10-foot rural shoulder of which 6.5' will be paved. The proposed bridge will be constructed in one stage on an offset parallel alignment to the north of the existing bridge and it will accommodate present and future vertical clearance requirements. Mechanically Stabilized Earth (MSE) walls will be constructed parallel with i-985 and will accommodate a future widening and clear zone requirements. The proposed project length is approximately 0.3 miles and the estimated construction time is 12 months. NOTE: Ordinarily the maps or plats would be available for public review at our area office. Due to current COVID-19 measures, members of the public are not allowed to enter state buildings at this time. We apologize for the inconvenience. Anyone with questions or concerns about the project should call or email the area engineer listed below. To obtain copies of the drawings, maps or plats, please follow the instructions outlined below. Kristopher Phillips, Area Manager District 1, Area 1 kriphillips@dot.ga.gov 2594 Gillsville Highway Gainesville, GA 30507 770-531-5759 Any interested party may obtain a copy of the drawings or maps or plats or portions thereof by paying a nominal fee and requesting in writing to: Kimberly W. Nesbitt Office of Program Delivery Attn: Darrell Richardson drichardson@dot.ga.gov 600 West Peachtree Street, 25th Floor Atlanta, GA 30308 678-730-1448 Any written request or communication in reference to this project or notice SHOULD include the Project and P. I. Numbers as noted at the top of this notice. 91916 4/29, 5/6,13, 20 Name Changes IN THE SUPERIOR COURT OF HALL COUNTY STATE OF GEORGIA IN RE: Marvin James Cruz CIVIL ACTION FILE NO. 2020CV656J NOTICE OF NAME CHANGE PLEASE TAKE Notice that on the 13th day of April, 2020, Marvin James Cruz, Petitioner, filed a Petition for Name Change in the Superior Court of Hall County, Georgia seeking to change his name from Marvin James Cruz to Marvin Kevin Murphy. Any interested or affected party has the right to appear and file objections. THOMPSON & SLAGLE, LLC Is/ John D. Alexander John D. Alexander Georgia Bar No. 008887 Attorney for Petitioner 3325 Paddocks Parkway, Suite 355 Suwanee, GA 30024 (770) 662-5999 j a I e x a n d e r @ tandslawfirm.com 91678 4/22,29, 5/6,13 Public Hearings Auction of General Household & Commercial Goods North Lanier Storage 5335 Browns Bridge Rd Gainesville, GA 30504 Phone:678-321-8000 10:00 AM, Friday May 22, 2020 46 Jeffrey Wade, 51 Betty Lafaye Glenn, 84B Edward Ingle, 90 Jennifer Rhodes, 100 Johnathon Greenway, A09 William Moore, A39 Brian Payne, B01 Joshua Smith, B19 Carmen Mays, B107 Johnathon Godfrey, B114 Omar Rivas, B115 Mary Thomas, B133 Teresa McReynolds, B137 Chad Cross, C04 Janette Tozer, C22 Philippe Jennings, C25 Jennifer Rhodes, D14 Ashley Moore, D58 Chad Cross Georgia Code, Article 5, Section 10-4-2010, ET. Seq. JMA AB 2904, AU 3877 Terms of Sale: Cash, 15% Buyer Premium 92012 5/6,13 Due to the volume of public hearings and additional safety protocols in light of COVID-19, the June 1, 2020 monthly Buford City Commission meeting will take place at the Buford City Arena, 2795 Sawnee Avenue, Buford, Georgia 30518 at 6:00 p.m. 92136 5/16,20, 27 NOTICE is hereby given that the Hall County Planning Commission shall conduct a public hearing at the Hall County Government Center, 2nd Floor Meeting Room, 2875 Browns Bridge Road, Gainesville, Georgia, at 5:15 p.m. on Monday, June 1, 2020 to consider the following: 1. Previously tabled application of Rochester & Associates, Inc. to rezone from Agricultural Residential (AR-IV) to Planned Residential Development (PRD) on a 30.66± acre tract located on the south side of Thompsons Mill Road; a.k.a. 5375, 5381, 5393 & 5401 Thompsons Mill Road; Zoned AR-IV; Tax Parcel 15041 000003P, 0000030, 000074, & 000003V. Proposed Use: multi-family residential. ** Commission District 1. 2. Application of Diana Ramirez for a front yard setback variance from 65 feet to 45 feet on a 0.31 ± acre tract located on the south side of Chris Avenue approximately 351 feet from its intersection with Falcon Parkway; a.k.a. 3829 Chris Avenue; Zoned S-S; Tax Parcel 08050 001016. Proposed Use: construct an addition. ** * * * § * Commission District 2. 3. Application of Diana Ramirez to rezone from Suburban Shopping (S-S) to Agricultural Residential (AR-III) on a 0.31 ± acre tract located on the south side of Chris Avenue approximately 351 feet from its intersection with Falcon Parkway; a.k.a. 3829 Chris Avenue; Zoned S-S; Tax Parcel 08050 001016. Proposed Use: construct an addition. ** Commission District 2. 4. Application of Clint Dixon to amend conditions of a previously approved subdivision on a 73.10± acre tract located on the west side of Spout Springs Road approximately 2,319 feet from its intersection with Deaton Henry Road; a.k.a. Lancaster Subdivision; Zoned PRD; Tax Parcel 15042 000341. Proposed Use: amend front setback for lots 34-45. ** Commission District 1. NOTE: In accordance with Georgia law, anyone who (a) wishes to express opposition to the proposed rezoning and (b) has made, within two years immediately preceding the filing of the proposed rezoning, campaign contributions aggregating $250 or more to a member of the County Commission shall file a disclosure of contributions with the Planning Department at least five (5) days prior to the first hearing of the proposed rezoning by the County Commission. (OCGA § 36-67A-3[C]). *The Planning Commission's decision will be the final action taken unless appealed to the Board of Commissioners. To do so, file an application with the Planning Department within five working days of the Planning Commission's decision. The Hall County Board of Commissioners will hear appeals at a public hearing Thursday, June 25, 2020 at 6:00 p.m. at the Hall County Government Center, 2nd Floor Meeting Room, 2875 Browns Bridge Road, Gainesville, Georgia. **The Planning Commission's recommendation will be forwarded to the Board of Commissioners for final action at a public hearing on Thursday, June 25, 2020. The Board will meet at 6:00 p.m. at the Hall County Government Center, 2nd Floor Meeting Room, 2875 Browns Bridge Road, Gainesville, Georgia. 92191 5/13 NOTICE OF PUBLIC HEARING UPON APPLICATION FOR ANNEXATION AND REZONING Pu rsuant to O.C.G.A. § 36- 36-1 et seq. and O.C.G.A. § 36-36-20 et seq., notice is hereby given that the City of Buford, a Georgia Municipal Corporation, will hold a public hearing to evaluate the applications of certain landowners, more fully set forth on Exhibit "A", to annex and zone property to the corporate limits of the City of Buford as provided in O.C.G.A. § 36-36-20 which is contiguous to the existing limits. The property proposed for annexation and rezoning is contiguous to the present corporate limits of the City of Buford and is more particularly described in Exhibit "A" attached hereto. The Buford City Commission will hold a public hearing to discuss and pass upon the proposed applications for annexation and rezoning at Buford City Arena, 2795 Sawnee Avenue, Buford, Gwinnett County, Georgia 30518 on Monday, June 1, 2020 at 6:00 p.m. Please note that this is a change in location and time from the regular monthly Commission meeting. This 6th day of May, 2020. CHANDLER, BRITT & JAY, LLC, City Attorneys EXHIBIT "A" OWNER/APPLICANT: Rhett Thornhill CURRENTLY ZONED: R-100 PROPOSED ZONING: R-100 All that tract or parcel of land lying and being in the Land Lot 158 of the 8th Land District, Han County, Georgia and being more particularly described as follows; To find the True Point of Beginning, commence at a Nail found at the centerline intersection of Bogan Road and Jones Drive; THENCE traveling South 37 Degrees 22 Minutes 25 Seconds West for a distance of 1192.79 feet to a point, said point marked by a Vi inch rebar pin found, said point being THE TRUE POINT OF BEGINNING. THENCE from said point as thus established, continuing on the northwest right of way of Bogan Road (80' right of way) South 32 Degrees 06 Minutes 41 Seconds West for a distance of 233.69 feet to a point; THENCE along a curve to the right having a radius of 1770.00 feet and an arc length of 386.35 feet being subtended by a chord bearing of South 36 Degrees 57 Minutes 03 Seconds West and a chord distance of 385.58 feet to a point, said point