Legals 4-25-18

by | April 25, 2018 2:42 pm

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This is an attempt to collect a debt and any information obtained will be used for that purpose.

NOTICE OF SALE UNDER POWER

GEORGIA, EMANUEL COUNTY

Under and by virtue of Power of Sale contained in the Security Deed from Tommy Davis a/k/a Thomas W. Davis, to Vanderbilt Mortgage and Finance, Inc., dated April 15, 2014, filed for record April 21, 2014, recorded at Deed Book 399, Page 235, Emanuel County, Georgia Records, in the original principal amount of $106,012.52, together with a Promissory Note of equal date and value, 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 at EMANUEL COUNTY, Georgia, within the legal hours of sale on the first TUESDAY in May, 2018, the following:

All that tract or parcel of land lying, situate and being in the 57th G.M.

District of Emanuel County, Georgia, containing 3.00 acres, fronting a distance of 390.12 feet on the southern side of Blun Road (County Road #58) as shown on plat of survey made by Ronny Barron, Surveyor, dated April 3, 2014, which is recorded in the Office of Clerk, Emanuel Superior Court in Plat Book 22, page 498 to which reference is made as a part of this description. Said property is bounded now or formerly as follows: North by Blun Road (County Road #58); East by other lands of Tommy Davis; Southeast by other lands of Tommy Davis; and West by lands of Justin Hartmeyer and other lands of Tommy Davis.

Said property is a portion of that conveyed by a Quitclaim Deed dated September 26, 1990 from Barbara D. Waters to Tommy Davis, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 24, page 220-221.

Said property is a portion of that conveyed by a Quitclaim Deed dated June 11, 1984 from Lois A. Davis to Barbara D. Waters and Thomas W. Davis, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book IJ, pages 410-411.

Said property is a portion of that conveyed by a Warranty deed conveying a life estate dated September 28, 1979 from Barbara D. Waters and Thomas W. Davis to Lois A. Davis, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book HK, pages 9-11. Said property was awarded to Lois A. Davis, Barbara D. Waters, Thomas W. Davis by an Order Declaring No Administration Necessary on the Estate of Thomas D. Davis, which is recorded in the Office of the Probate Court of Emanuel County, Georgia in Minute Book 14, pages 403-406.

Said property is designated by the Emanuel County Tax Assessors as a portion of Map and Parcel #092-008.

Under the present system of numbering, said property is known as 209 Blun Road, Swainsboro, Georgia 30401.

The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including, but not limited to, the nonpayment of the indebtedness as and when due.  The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and other payments provided for under the terms of the Security Deed and Note.

Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; and all outstanding bills for public utilities which constitute liens upon said property; To the best of the knowledge and belief of the undersigned, the party in possession of the property is Tommy Davis a/k/a Thomas W. Davis and /or tenant(s).

The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. VANDERBILT MORTGAGE AND FINANCE, INC. and its counsel are acting as debt collectors.  Any information obtained will be used for that purpose. 

VANDERBILT MORTGAGE AND FINANCE, INC., as Attorney-in-Fact for Tommy Davis a/k/a Thomas W. Davis.  For information on modifying or altering the loan or acquiring further information about this Security Deed:

Contact:  Jason Godwin

Godwin Law Group

3985 Steve Reynolds Blvd, Bldg D

Norcross, GA 30093

Phone: 770-448-9925

Email: jgodwin@godwinlawgroup.com

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GEORGIA, EMANUEL COUNTY

Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by WALLACE J. MOORE a/k/a WALLACE MOORE to DURDEN BANKING CO., INC. P.O. Box 1560, Swainsboro, Georgia, 30401,  dated April 1, 2008 and recorded in Deed Book 308, pages 3-6, Emanuel County, Georgia Records, conveying the after-described property, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Emanuel County, Georgia, within the legal hours of sale on the first Tuesday in May, 2018, to wit: May 1, 2018, the following described property:

TRACT ONE: All that tract or parcel of land lying, situate, and being partially in the Town of Summertown, 57th G.M. District of Emanuel County, Georgia, containing 19.996 acres, more or less, as shown on a plat of survey prepared by Billy Flanders & Associates, dated March 25, 2005, which is recorded in Plat Book 21, page 373, of the Records of the Office of the Clerk, Emanuel Superior Court. Said plat by reference hereto is incorporated herein for a more full, complete, and accurate description of said property. Said tract or land being bounded, now or formerly, as follows: Northeast by other lands of Rebecca Bailey Evans; South by a 9.994 acre tract or land shown on said plat which is other lands of Rebecca Bail Evans; East by the right-of-way of Georgia Highway 192; and Northwest by the right of way of Georgia Highway 56.

The above-described tract of land is a portion of that 69.5 acre tract conveyed to Eloise S. Bailey and Rebecca J. Bailey by Executrix Deed from Eloise Bailey and Executrix of Last Will of Testament of Wallace C. Bailey dated December 26, 1985. Said deed is recorded in Deed Book IS, pages 307-308 f the Records of the Clerk, Emanuel Superior Court. Eloise S. Bailey was conveyed a life estate in and to said property with a remainder interest over to Rebecca J. Bailey. Eloise S. Bailey died September 3, 2002, leaving title to said property vested solely in Rebecca J. Bailey.

TRACT TWO: All that tract or parcel of land lying, situate, and being in the 57th G.M. District of Emanuel County, Georgia, containing 9.994 acres, more or less, according to that particular plat of survey by Billy Flanders and Associates, dated March 25, 2005, which is recorded in Plat Book 21, page 373 of the Records of the Office of the Clerk, Emanuel Superior Court. Said plat by reference hereto is incorporated herein for a more, full, complete, and accurate description of said property. Said tract of land is bounded, now or formerly, as follows: North by a 19.996 acre tract of land as shown on said plat being the lands, now or formerly, of Rebecca Bailey Evans; East by lands of Rebecca Bailey Evans; South by lands of Paul Bailey; and West by the right of way of Georgia Highway 192.

The above-described tract of land is a portion of that 69.5 acre tract conveyed to Eloise S. Bailey and Rebecca J. Bailey by Executrix Deed from Eloise Bailey as Executrix of the Last Will and Testament of Wallace C. Bailey, which was dated December 26, 1985. Said Deed is recorded i Deed Book IS, pages 307-308 of the Records of the Office of the Clerk, Emanuel Superior Court. Eloise S. Bailey died September 3, 2002, leaving title to said property vested solely in Rebecca J. Bailey.

Said Deed to Secure Debt was executed to secure a Note of even date in the original principal amount of $55,891.63, with interest at the rate specified therein together with all other indebtedness of the borrower to the lender then due or that might thereafter become due, or thereafter become contracted, which was or would be evidenced by a note or notes.

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 has been given, as provided by law.

Said property is commonly known as 2152 Highway 56, North, Midville, GA 30442, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party in possession of the subject property is: WALLACE J. MOORE a/k/a WALLACE MOORE or 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 Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, and covenants, etc.

The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.

Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.

Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Wade Johnson, Executive Vice President, Durden Banking Company, Inc., P.O. Box 1560, Swainsboro, GA 30401, telephone (478) 237-2121.

The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend, or modify the terms of the Deed to Secure Debt described herein.

This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being Durden Banking Company, Inc., as Attorney in Fact for Wallace J. Moore a/k/a Wallace Moore, P.O. Box 1560, Swainsboro, GA 30401.

Jerry N. Cadle, P.C.

Attorney

P.O. Box 68

Swainsboro, GA 30401

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTMEPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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IN THE JUVENILE COURT OF EMANUEL COUNTY STATE OF GEORGIA

IN THE INTEREST OF:

J.T., DOB: 9/25/2014,

J.P., DOB: 8/19/2013,                   CASE NO. 17-JV-98

J.P., DOB: 3/20/2012,

J.P., DOB: 8/3/2010,

Minor Children.

NOTICE OF SUMMONS

TO: JUAN CARLOS PEREZ

You are hereby notified that the above-styles action brought by the Emanuel County Department of Family and Children Services, and the Georgia Department of Human Services, seeking temporary legal custody of your above-referenced children with the Department has been filed in the Juvenile court of Emanuel County, Georgia; and that by reason of an Order for Service of Simmons by Publication entered by the court on the 14th day of March, 2018, you are hereby notified that you may obtain a copy of the petition from the Clerk of Court, and serve upon Jennifer T. McComas, Petitioner’s Attorney, whose address is 128 Jackson Street, Vidalia, Georgia, 30474, an answer to the petition at any time prior to the Final Hearing.

You are hereby notified that a Final Hearing with regard to the above-styled action will come before the Court on June 28, 2018 at 10:00 a.m. in the Juvenile Courtroom at the Emanuel County Courthouse, Swainsboro, Georgia.

The Finding of Fact and Order of Disposition made the Provisional Hearing will become final at the Final Hearing unless the party served b publication appears at the Final Hearing. If the party served by publication fails to appear at the Final Hearing on the petition, the Final Hearing of Fact and Interlocutory Orders made will become final without further evidence and will be governed by the Juvenile Court Code as if made at the Final Hearing. If the party served by publication appears at the Final Hearing, the Interlocutory findings and Orders shall be vacated and disregarded, and the hearing shall proceed upon the allegations of the motion.

The parties notified hereby are entitled to legal counsel in the proceedings, and the Court will appoint legal counsel if any party should be unable, without undue hardship, to employ counsel.

WITNESS. The Honorable Sherri McDonald, Judge of said Juvenile Court.

This 22nd day of March, 2018

Kristin C. Hall

Clerk, Emanuel County Juvenile Court

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IN THE PROBATE COURT OF EMANUEL COUNTY

STATE OF GEORGIA

IN RE:  ESTATE OF

BEN BARNEY HAYWARD SR., ESTATE NO.  18E0044

DECEASED

PETITION FOR LETTERS OF ADMINISTRATION

NOTICE

TO: ALL INTERESTED PARTIES and to whom it may concern:

DEBORAH ANN FOUNTAIN has petitioned for to be appointed Administrator of the estate of BEN BARNEY HAYWARD SR. 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. § 53-12-261.)  All interested parties are hereby notified to show cause why said Petition should not be granted.  All objections to the Petition must be in writing, setting forth the grounds of any such objections, and must be filed with the Court on or before 10:00 A.M. MAY 14, 2018. 

BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth the grounds of any such objections.  All objections should be sworn to before a notary public or before a Probate Court Clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party.  Contact Probate Court personnel 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.

DON E. WILKES

Judge of the Probate Court

By: Jeanie Hooks

Clerk of the Probate Court

P.O.Box 70

Swainsboro, Ga. 30401

Address

478-237-7091

Telephone Number

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INVITATION FOR BIDS

SALE OF SURPLUS PROPERTY

The Georgia Department of Transportation will receive sealed bids to purchase property located at US 1/SR4 Oak Park Bypass and corner of 36 Bluebird Lane Oak Park Lyons GA 30436 until 12:00 P.M. on May 14, 2018 for 0.386 acres, under Project #EDS00-0545-00(017), PI# 221900, Parcel # 2R,  Emanuel County, Georgia.  The Appraised Value is $750.00.

Bids must be submitted on a Bid Proposal Form issued by the Georgia Department of Transportation, Office of Right of Way, 600 West Peachtree Street, N.W., Atlanta, Georgia. 30308.          

The Department of Transportation reserves the right to reject any or all bids.  For more information or to obtain a Bid Package, contact Anne-Rose Loy at (404) 347-0157 and refer to PM #3528.

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Final Notice and Public Explanation of a Proposed Activity in a 100-Year Floodplain and Wetland

To:  All interested Agencies EPD, DNR, FEMA, GDOT and Individuals

This is to give notice that Emanuel County under Part 58 has conducted an evaluation as required by Executive Order 11990 and/or 11988, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management and Wetlands Protection. The activity is funded under the Revolving Loan Fund. The proposed project is located on Old Nunez Road/Highway 297 at the Emanuel County Industrial Park in Emanuel County. Emanuel County is addressing the access road, water and sewer connection to the industrial park. There is a 100-year flood zone A, AE and wetlands located in the project area. A wetland delineation has been performed by Geotechnical and Environmental Consultants. Delineated areas will be avoided as must as feasible. Any areas requirement encroachment will be submitted to the Army Corp. along with drawings and other permitting data.

Emanuel County has considered the following alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values.

Alternatives and Recommended Improvements:

Water Improvements

Connecting to the Nunez Water System – The City of Nunez has a very small water system and not capable of meeting the long term needs of the park; therefore, this alternative was not considered further.

Construction an Onsite Well and Water Tank – The construction cost for constructing a well onsite and a 250,000 gallon elevated water tank is approximately $985,000

Installing a Water Line and Connecting to the City of Swainsboro Water System – The third alternative to install a water line and connect to the City of Swainsboro has a construction cost of approximately $271,400.

Sewer Improvements

The City of Nunez does not have a sewage system.

Installation of a Septic System – Septic systems are typically installed for low volumes of wastewater. A septic system will not meet the needs of the park for the long term; therefore, the cost for a septic system is not included in the report.

Constructing a Pump Station Onsite and Installing a Force Main to the City of Swainsboro – The City of Swainsboro has capacity to receive additional sewage flows from the park and is the closest system capable of receiving and treating the sewage. Due to the timing of funding and improvements scheduling, a septic tank may be required initially for the Sawmill until the proposed sewerage system improvements are complete.

Road/Deceleration Lane Improvements

Installing a Roundabout – This alternative is not warranted due to low traffic volume on Highway 297 and the park.

Installing a Red light – This alternative is not warranted due to low traffic volume on Highway 297 and the park.

No Action Alternative: The “No Action Plan” would mean that the Sawmill would not be served with water or sewer infrastructure. So therefore the industry could not operate. Also other potential industries would not want to locate in this industrial park. 

Please refer to the environmental report located at Emanuel County Board of Commissioners Office located at 101 North Main Street, Swainsboro, GA 30401 for a copy of the submissions and responses received from different agencies regarding the mitigation measures.

Emanuel County has reevaluated the alternatives to construct in the floodplain and wetland and has determined that it has no practicable alternative. Environmental files that document compliance with steps 3 through 6 of Executive Order 11990 and/or 11988, are available for public inspection, review and copying upon request at the times and location delineated in the last paragraph of this notice for receipt of comments. 

There are three primary purposes for this notice. First, people who may be affected by activities in floodplain and wetland and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas. Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comment about floodplain and wetland can facilitate and enhance Federal efforts to reduce the risks and impacts associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will participate in actions taking place in floodplain and wetland, it must inform those who may be put at greater or continued risk.

Written comments must be received by Emanuel County at the following address on or before May 2, 20118, 101 North Main Street, Swainsboro, GA 30401 and (478) 237-3881, Attention: Keith Thompson, Chairman. A full description of the project may also be reviewed from Monday – Friday 8:00am to 5pm at 102 South Main Street. Comments may also be submitted via email at  HYPERLINK “mailto:jbareford@goemanuel.org” jbareford@goemanuel.org

Date: April 25, 2018

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NOTICE OF FINDING OF NO SIGNFICANT IMPACT AND

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

April 25, 2018

Emanuel County

101 North Main Street

Swainsboro, GA 30401

REQUEST FOR RELEASE OF FUNDS

On or about May 11, 2018 Emanuel County will submit a request to the Georgia Department of Community Affairs for the release of Community Development Block Grant/Revolving Loan Funds under Section 109 Title 1 of the Housing and Community Development Act of 1974, as amended, to undertake a project known as the Emanuel County Highway 297 Industrial Park to serve the industries that have or will be locating in the park with and access road and water and sewer services. The estimated funding for this project is $944,000.

FINDING OF NO SIGNIFICANT IMPACT

Emanuel County has determined that the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at Emanuel County Development Authority 102 South Main Street, Swainsboro, GA 30401 and Associates in Local Government Assistance, Inc., 1007 W. 12th Street, Alma, GA 31510 and may be examined or copied weekdays 8:00A.M to 5:00P.M.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to Emanuel County Development Authority 102 South Main Street, Swainsboro, GA 30401. All comments received by May 10, 2018 will be considered by Emanuel County prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing.

ENVIRONMENTAL CERTIFICATION

Emanuel County certifies to DCA that Keith Thompson in his capacity as Chairman consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. DCA’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows Emanuel County to use Program funds.

OBJECTIONS TO RELEASE OF FUNDS

DCA will accept objections to its release of fund and Emanuel County certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of Emanuel  County; (b) Emanuel  County has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR part 58; (c) the grant recipient or other participants in the development process have committed funds, incurred costs or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by DCA; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality.  Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to DCA at 60 Executive Park South, N.E., Atlanta, GA  30329. Potential objectors should contact DCA to verify the actual last day of the objection period.

Keith Thompson, Chairman

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NOTICE TO DEBTORS AND CREDITORS

STATE OF GEORGIA

COUNTY OF EMANUEL

IN RE:  ESTATE OF JUDITH R. BELL, DECEASED

All creditors of the estate of JUDITH R. BELL, deceased, late of Emanuel County, Georgia, are hereby notified to render their demands to the undersigned

Sidney B. Shepherd, Attorney for the Executors of the Estate of Judith R. Bell at    P. O. Box 99, Swainsboro, GA, 30401 according to law, and all persons indebted to said estate are required to make immediate payment of any indebtedness due the estate to me.

This 19th day of April,  2018.

Sidney B. Shepherd

SHEPHERD, GARY & McWHORTER, LLC

ATTORNEYS AT LAW

P. O. BOX 99

SWAINSBORO, GA  30401

478-237-7551

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IN THE PROBATE COURT OF EMANUEL COUNTY STATE OF GEORGIA

IN RE: ESTATE OF

MARCIA DENISE PEEBLES,             ESTATE NO. 18E0042

DECEASED

PETITION FOR LETTERS OF ADMINISTRATION NOTICE

TO: ALL INTERESTED PARTIES and to whom it may concern

DARRYL CRAFT

has petitioned to be appointed Administrator of the estate if MARCIA DENISE PEEBLES

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 52-12-261.)  All interested parties are hereby notified to show cause why said Petition should not be granted. All objections to the Petition must be in writing, setting forth the grounds

of any such objections, and must be filed with the Court on or before May 21st, 2018 at 10:00 A.M.

BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth the grounds of any such objections. All objections should be sworn to before a notary public or before a Probate Court of Clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party. Contact Probate Court personal 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.

Don E. Wilkes

Judge of the Probate Court

By: Nicky Odom

Clerk of the Probate Court

P.O. Box 70/ 125 S. Main St.

Swainsboro, GA 30401

Address

478-237-7091

Telephone Number

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