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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. FEBRUARY 5 2009 - PAGE 5B Public Notices Continued ney in fact for Scott Brown Richard B. Maner, RC. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. FC08-1238 (FE5,12,19,25P4) gpn11 Notice of Sale Notice of Sale Under Power State of Georgia County of Madison By virtue of the Power of Sale contained in that Security Deed from RIGOBERTO TINOCOand PAM GARRISON to REGIONS BANK, dated June 14, 2002, recorded in Deed Book 463, Page 204, as modified by that certain Modification of Security Deed dated April 8, 2003, record ed in Deed Book 557, Page 13, as further modified by that certain Modification of Security Deed, dated October 10, 2003, recorded in Deed Book 639, Page 48, as fur ther modified by that certain Modification of Security Deed dated December 10, 2004, recorded in Deed Book 772, Page 215, as affected by that certain Affidavit of Mistaken Cancellation of Security Deed by Regions Bank, dated November 19, 2008, recorded in Deed Book 1148, Page 126, Madison County, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in March, 2009, to the highest bidder for cash, the following described property, as follows: All that tract or parcel of land lying and being in the 383rd District, G.M., Madison County, Georgia, and being that 3.00 acres, more or less, designated as Lot 7 on a plat of survey prepared for Eugene Montgomery by Max Lewallen, Registered Surveyor, dated February 27, 1989, recorded at Plat Book 25, Page 194, in the Office of the Clerk of the Superior Court of Madison County, Georgia and incor porated herein and made a part hereof by reference for a more detailed description Upon information and belief of lender, said property is commonly known as 3795 Commerce Neese Road, Danielsville, Georgia 30633. The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of pay ing the same and all expenses in connection with this fore closure including but not lim ited to all accrued and unpaid interest, attorney’s fees and expenses of sale. Upon the best informa tion and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower. Said property will be sold as the property of Rigoberto J. Tinoco, and subject to any outstanding ad valorem real property taxes (includ ing taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed. Regions Bank, as attorney in fact for Rigoberto J. Tinoco MICHAEL D. PAYNE, Attorney for Regions Bank McCullough, Payne & Haan, LLC 171 17th Street, N.W., Suite 975 Atlanta, Georgia 30363 (404) 873-1386 (FE5,12.19,25P4) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County Because of default in the payment of the indebt edness secured by a Security Deed executed by KEITH M. HARBIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 2, 2000, in the amount of $343,800.00, and recorded in Deed Book 276, Page 106, Madison County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note there by secured, has declared the entire amount of said indebt edness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2009, during the legal hours of sale, at the Courthouse door in Madison County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that tract or parcel of land, together with all improvements thereon, situ ate, lying and being in the 382nd District, G.M. of Madison County, Georgia, containing 2.00 acres, more or less, lying West of Stone Creek Drive, and being desig nated as Block A, Lot 12, and more particularly described by survey entitled Survey for: Stone Creek Subdivision, pre pared by Cornerstone Land Surveying, James R. Smith, Registered Surveyor, dated April 2, 1999, and recorded in Plat Book 37, Page 124, in the Office of the Clerk of the Superior Court of Madison County, Georgia, said plat and record thereof being incorpo rated herein by reference. which has the property address of 439 Stone Creek Drive, Hull, Georgia, togeth er with all fixtures and other personal property conveyed by said deed. The sale will be held sub ject to any unpaid taxes, assessments, rights-of-way, easements, protective cov enants or restrictions, liens, and other superior matters of record which may affect said property. 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 confir mation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Keith M. Harbin and the proceeds of said sale will be applied to the payment of said indebt edness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Keith M. Harbin Anthony DeMarlo, Attorney/ Iseymore McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 08-23559 /CONV THIS LAW FIRM IS ACT ING AS A DEBT COLLEC TOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. (FE5,12,19,26B/1325-50) Gpn10 Citation Georgia, Madison County In Re: Petition of PHYLLIS DICKENSON for Temporary Letters of Guardianship Estate of: EDWARD J. LESTER, Minor To: Edward Don Lester You are hereby notified that a petition for the appoint ment of a temporary guard ian has been filed regard ing the above-named minor. All objections to the Petition described above either to the appointment of a temporary guardian or the appointment of the petitioner(s) as temporary guardian(s), must be in writ ing, setting forth the grounds of any such objections, and must be filed with this Court no later than 14 days after this notice is mailed, or 10 days after this notice is personally served upon you, or ten days after the second publication of this notice if you are served by publication. All pleadings must be signed before a nota ry public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court person nel at the below address/tele phone number for the required amount of filing fees. NOTE: If a natural guard ian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natu ral guardian files an objec tion to the appointment of the petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be scheduled at a later date. Cody Cross, Probate Judge By: Tiffany Treadway Probate Clerk/Deputy Clerk PO. Box 207 91 Albany Avenue Danielsville, GA 30633 706-795-6365 (FE5.12P2) Gpn18 Shields Estate Georgia, Madison County Probate Court Notice To: All Interested Parties TIMMY LEE ARTHUR has petitioned to be appointed Administrator of the estate of SHELVIE JEAN SHIELDS, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12- 232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writ ing, setting forth the grounds of any such objections, and must be filed with the court on or before February 27, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indi gent party. Contact probate court personnel at the follow ing address/telephone num ber for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted with out a hearing. Cody Cross, Probate Judge By: Tiffany Treadway Probate Clerk/Deputy Clerk PO. Box 207 Danielsville, GA 30633 706-795-6365 (FE5,12,19,26P4) Gpn18 Kirk Estate Georgia, Madison County Probate Court Notice To: All Interested Parties The petition of CONNIE TERESA KIRK, for a year’s support from the estate of WILLIAM ROBERT KIRK, deceased, for decedent’s sur viving spouse, having been duly filed, all interested per sons are hereby notified to show cause, if any they have, on or before February 27, 2009, why said petition should not be granted. All objections to the peti tion must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary pub lic or before a probate court clerk, and filing fees must be tendered with your pleadings/ objections, unless you qualify to file as an indigent party. Contact probate court person nel at the following address/ telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. Cody Cross Probate Judge By: Tiffany Treadway Probate Clerk/Deputy Clerk PO. Box 207 Danielsville, GA 30633 706-795-6365 (FE5,12,19,26P4) Gpn18 Scarbrough Estate Georgia, Madison County Probate Court Notice To: All Interested Parties The petition of MYRA T. SCARBROUGH, for a year’s support from the estate of JAMES EDWARD SCARBROUGH, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before February 27, 2009, why said petition should not be granted. All objections to the peti tion must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary pub lic or before a probate court clerk, and filing fees must be tendered with your pleadings/ objections, unless you qualify to file as an indigent party. Contact probate court person nel at the following address/ telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. Cody Cross Probate Judge By: Tiffany Treadway Probate Clerk/Deputy Clerk PO. Box 207 Danielsville, GA 30633 706-795-6365 (FE5,12,19,26P4) Gpn18 Brooks Estate Probate Court of Madison County Notice (For Discharge from Office and all Liability) Re: Petition of ALMA JEAN BROOKS for discharge as Executrix of the estate of JAMES L. BROOKS, deceased. To: All Interested Parties and (all and singular the heirs of said decedent,)(the benefi ciaries under the will,) and to whom it may concern: This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before February 6, 2009. Be Further Notified: All objections to the petition must be in writing, setting forth the grounds of any such objec tions. All pleadings/objec tions must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify as an indi gent party. Contact probate court personnel at the follow ing address/telephone num ber for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the peti tion may be granted without a hearing Cody Cross Probate Judge By: Tiffany Treadway Probate Clerk/Deputy Clerk PO. Box 207 Danielsville, Ga. 30633 706-795-6365 (FE5P1) Gpn07 Shaw Estate Notice to Debtors and Creditors All creditors of the Estate of JOANN GLENESS SHAW, deceased, late of Madison County, Georgia, are here by notified to render in their demands to the undersigned according to law, and all per sons indebted to said Estate are required to make immedi ate payment to me. This 23rd day of January, 2009. By: Deborah Lynn Shaw and Charles Bradley Shaw 266 Athens Road/1828 Hunt Road Winterville, GA 30683/ Danielsville, GA 30633 Personal Representatives to the Estate of Joann Gleness Shaw (FE5,12,19,26P4) Gpn05 Advertisement for Bids Timber Sale The Georgia Forestry Commission is accepting sealed bids on a proposed timber sale on Georgia’s Department of Natural Resources property located at Watson Mill Bridge State Park in Madison County. The tim ber sale will occur throughout eleven stands on state prop erty, which will cover roughly 348 acres. A check of $5,000 should accompany the bid with the remaining balance of the escrow (10% of estimated sale value) being due at the signing of the contract. The winning bidder shall pay 50% of the estimated value of the sale at the signing of the contract. Checks are to be made payable to the Georgia Forestry Commission. Timber bid forms and an information packet may be picked up at the Madison County Forestry Unit (1547 Highway98West, Danielsville, Georgia 30633). The bid open ing is scheduled for 11:00 a.m. on Tuesday, February 17th at the Madison County Forest Unit. If you have any questions, please call Forrest Buckner, Dept, of Natural Resources, at 706-557- 3037, or Mark Wiles, Georgia Forestry Commission, at 706- 213-2235. (JA29.FE5P2) Gpn12 Notice of Seizure Northern Circuit District Attorney’s Office Robert W. Lavender, District Attorney On January 9, 2009, a 2004 Pontiac Grand Am VIN 1G2NE52F24C227334 was seized for administrative for feiture from Crystal Dawn Brown, Johnny Mack Brown, at Madison County, Georgia, for violations of Official Code of Georgia Annotated Section 16-13-30 (Violation of the Georgia Controlled Substance Act). The conduct giving rise to the forfeiture is as follows: On the above date Crystal Brown was stopped by a traf fic officer for driving 75/45 school zone. Upon contact with Brown it was learned that her license was suspended. Search incident to arrest was made of the vehicle and sev eral drug related items were found. Among those items was a glass pipe commonly used to ingest methamphetamine by smoking. Some residue in the pipe was field tested on the scene and it tested posi tive for methamphetamine. Other items located were, one metal pill container with an off white crystal substance inside and four needles with one having on off white liquid inside. Pursuant to Official Code of Georgia Annotated Section 16-13-49(n) this prop erty is subject to forfeiture. Any person claiming an own ership interest in this property may file a claim within thirty (30) days after the second publication of this notice by sending the claim to the seiz ing agency and to the dis trict attorney by certified mail or statutory overnight deliv ery, return receipt requested. Otherwise, the property will be forfeited and disposed of according to law. Robert W. Lavender District Attorney Post Office Box 843 Danielsville, GA 30633 Seizing Agency: Inv. Scott Pulliam Madison County Sheriff’s Office Post Office Box 65 Danielsville, GA 30633 (JA29.FE5,12B/16457-30) gpn06 Inc. Notice Notice is given that Articles of Incorporation which will incorporate SPORTS & MORE OF DANIELSVILLE, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 560 General Daniel Avenue North, Danielsville, GA 30633, and its initial registered agent at such address is Roscoe R. Escoe. (JA29.FE5P2) Gpn18 Gerrin Estate Georgia, Madison County Probate Court Notice To: All interested parties The petition of ANN D. GERRIN, for a year’s sup port from the estate of JACK T. GERRIN, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are here by notified to show cause, if any they have, on or before February 9, 2009, why said petition should not be grant ed. All objections to the peti tion must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary pub lic or before a probate court clerk, and filing fees must be tendered with your pleadings/ objections, unless you qualify to file as an indigent party. Contact probate court person nel at the following address/ telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. Cody Cross Probate Judge By: Tiffany Treadway Probate Clerk/Deputy Clerk PO. Box 207 Danielsville, GA 30633 706-795-6365 (JA15,22,29. FE5B/12779-20) Gpn07 Smith Estate Notice to Debtors and Creditors Georgia, Madison County All creditors of the Estate of STOY MELL SMITH, deceased, late of Madison County, Georgia, are here by notified to render in their demands to the undersigned according to law, and all per sons indebted to said Estate are required to make immedi ate payment to me. THIS 12th day of January, 2009. Stanley R. Cope 7060 Hartley Bridge Rd. Macon, GA 31216 Personal Representative to the Estate of Stoy Mell Smith (JA22,29,FE5,12P4) Gpn07 Abbott Estate Notice to Debtors and Creditors Georgia, Madison County All creditors of the Estate of GLENDAL ABBOTT, deceased, late of Madison County, Georgia, are here by notified to render in their demands to the undersigned according to law, and all per sons indebted to said Estate are required to make immedi ate payment to me. This 7th day of January, 2009. By: Patrick R. Abbott 240 Reese Lane Hull, GA 30646 Personal Representative to the Estate of Glendal Abbott (JA15,22,29,FE5P4) Gpn18 Jones Estate Georgia, Madison County Probate Court Notice To Whom it May Concern JEFFREY A. JONES has petitioned for an order finding that no administration is nec essary on the estate of ERIN JONES, deceased. All credi tors who have not consented to the petition are, therefore, required to show cause on or before March 2, 2009, or within ten days after personal service, whichever is later, why such order should not be granted. All objections to the peti tion must be in writing, setting forth the grounds of any such objections. If any objections are filed, a hearing will be scheduled for a later date. If no objections are filed, the petition may be granted with out a hearing. Cody Cross Judge of the Probate Court By: Tiffany Treadway Clerk of the Probate Court (FE5,12,19,26B/185-20) Gpn18 Yeary Estate Georgia, Madison County Probate Court Notice To: All Interested Parties A petition has been filed seeking an Order of this Court granting Leave to (convey) (encumber) certain property heretofore set apart from the estate of CYNTHIA L. YEARY, deceased as year’s support. This is to notify those per sons named above who are not required to be person ally served that they must file their response to the petition with the Court on March 2, 2009, and the persons who are required to be personally served that they must file their response by the above date or the tenth day after they are personally served, whichever is later. All objections to the petition must be in writing, setting forth the grounds of any such objections. If any objections are filed, a hearing will be scheduled for a later date. If no objections are filed, the petition may be granted without a hearing. Cody Cross Judge of the Probate Court By: Tiffany Treadway Clerk of the Probate Court (FE5,12,19,26B/185-20) Mail advertise ments to: The Madison County Journal, P.O. Box 658, Danielsville, GA 30633.