Legals 6-5-19

by | June 5, 2019 2:28 pm

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NOTICE OF PETITION TO CHANGE NAME

GEORGIA, EMANUEL COUNTY

Notice is hereby given that BRENDA JEAN RICKS filed her Petition on the Superior Court of Emanuel County, Georgia, on the 8 day of May, 2019, for a change name BRENDA JEAN MOSLEY.

Notice is hereby given pursuant to law to any interested party to appear in said Court and file objections to such name change within thirty (30) days of the filing of said Petition.

This 8 day of May, 2019.

WILLIAM H. MCWHORTER, JE.

Attorney at law

State Bar Number: 499950

Shepherd, Gary & McWhorter, LLC

P.O. Drawer 99

109 East Morning Street

Swainsboro, GA 30401

478-237-7551

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NOTICE OF PETITION TO CHANGE NAME

GEORGIA, EMANUEL COUNTY

Notice is hereby given that JESSICA PRASAD, the undersigned, filed her Petition in the Superior Court of Emanuel County, Emanuel County Courthouse, Swainsboro, Georgia, 30401, on the 6 day of May, 2019, praying for a change in the her name from “JESSICA PRASAD” to JESSICA MEENAKSHI PRASAD”. Notice is hereby given pursuant to law to any interested or affected party to appear in said Court and file objections to such name change. Objections must be filed with said Court within thirty (30) days of the filing of said Petition.

This 3 day of May, 2019.

JESSICA PRASAD

Sidney B. Shepherd

Shepherd, Gary & McWhorter, LLC

Attorneys at Law

P.O. Box 99

Swainsboro, GA 30401

Telephone No. 478-237-7551

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INVITATION TO BID

Notice is hereby given that the City of Stillmore, Georgia is seeking sealed bids for the sale of the following described parcel of land:

Tract One:

All that certain tract or parcel of land situate, lying and being in the 58th G.M. District of Emanuel County, Georgia, being in the City of Stillmore, designated as Parcel No. 1, containing 0.25 acres, more or less, together with all improvements thereon as shown on that certain plat of survey dated October 29, 2018 prepared for First African Baptist Church of Stillmore by Donald W. Marsh, Georgia Registered Land Surveyor recorded in Plat Book 23, Page(s) 305, Emanuel County records. Said plat and the reference thereof are incorporated herein for a more complete and accurate description.

The within described tract is bounded, now or formerly, according to the aforementioned plat as follows: North by a 30 foot alley; East by lands of End Time Ministry of Deliverance; South by the right-of-way of 5th Avenue; and West by lands of 1st Baptist Church.

Subject to any and all applicable zoning ordinances, easements, restrictive covenants, and/or rights-of-ways in use or of record.

Tract Two:

All that certain tract or parcel of land situate, lying and being in the 58th G.M. District of Emanuel County, Georgia, being in the City of Stillmore, designated as Parcel No. 2, and further designated an unopened right-of-way known as Macon Street, containing 0.38 acres, more or less, together with all improvements thereon as shown on that certain plat of survey dated October 29, 2018 prepared for First African Baptist Church of Stillmore by Donald W. Marsh, Georgia Registered Land Surveyor recorded in Plat Book 23, Page(s) 305, Emanuel County records. Said plat and the reference thereof are incorporated herein for a more complete and accurate description.

The within described tract is bounded, now or formerly, according to the aforementioned plat as follows: North by a 30 foot alley; East by lands of 1st Baptist Church; South by the right-of-way of 5th Avenue; and West by lands of Daon Betha.

Subject to any and all applicable zoning ordinances, easements, restrictive covenants, and/or rights-of-ways in use or of record.

Tract Three:

All that certain tract or parcel of land situate, lying and being in the 58th G.M. District of Emanuel County, Georgia, being in the City of Stillmore, designated as Parcel No. 3, and further designated an unopened 30 foot alley, containing 0.27 acres, more or less, together with all improvements thereon as shown on that certain plat of survey dated October 29, 2018 prepared for First African Baptist Church of Stillmore by Donald W. Marsh, Georgia Registered Land Surveyor recorded in Plat Book 23, Page(s) 305, Emanuel County records. Said plat and the reference thereof are incorporated herein for a more complete and accurate description.

The within described tract is bounded, now or formerly, according to the aforementioned plat as follows: North by an unopened right-of-way known as Macon Street, by lands of Willie Forest Gordon, by lands of Sallie Byrd, and by lands of W.T. Howard; East by the remainder of the unopened 30 foot alley; South by Parcel No. 1 of said survey, by lands of 1st Baptist Church, and by Parcel No. 2 of said survey.

Subject to any and all applicable zoning ordinances, easements, restrictive covenants, and/or rights-of-ways in use or of record.

Bids will be accepted at City Hall located at 307 2nd Street, Stillmore, Emanuel County, Georgia, 30464. Bids will be opened on Friday, June 12, 2019 at 10:00 a.m. at the same location.

Bidders are responsible for the delivery of their bids in a timely manner. Reliance upon U.S. Mail or other carriers is at the bidder’s risk. Late bids will not be considered.

The City reserves the right to reject any and all bids, accept any and all bids, and to waive technicalities and informalities. Conveyance of the above-described property will be made my quit claim deed.

Brent Carter City Attorney

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NOTICE TO DEBTORS AND CREDITORS GEORGIA, EMANUEL COUNTY

All creditors of the estate of Sara R. Clark, decedent, late of Emanuel County, are hereby notified to render in their demands to Jerry N. Cadle, P.C., P.O. Box 68, Swainsboro, GA 30401 according to law, and all persons indebted to said estate are required to make immediate payment.

This 16th day of May, 2019.

James Rountree Clark, Clay Hall Clark, and John Robert Clark, Executor of the Estate of  Sara

R. Clark, decedent

Jerry N. Cadle, P.C.

P.O. Box 68

Swainsboro, GA 30401

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STATE OF GEORGIA COUNTY OF EMANUEL

IN RE: ESTATE OF H.G. YEOMANS, III, DECEASED.

All creditors of the estate of H.G. Yeomans, III, deceased, late of Emanuel County, are hereby notified to render their demands to Richard M. McNeely, attorney for Carol F. Yeomans, Executor of the H.G. Yeomans, III Estate, at    P. O. Box 767, Swainsboro, Georgia 30401, according to law, and all persons indebted to said estate are required to make immediate payment of any indebtedness due the estate.

This 16th  day of May, 2019.

Richard M. McNeely,

Attorney for

Carol F. Yeomans,

Executor of the

H.G. Yeomans, III Estate

Richard M. McNeely, P.C.

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APPLICATION TO REGISTER A BUSINESS TO BE CONDUCTED UNDER A TRADE NAME

STATE OF GEORGIA

COUNTY OF EMANUEL

Please be advised that James Greer, whose address is 571 Kemp Road, Swainsboro, Georgia, hereby certifies that he is conducting business as a sole proprietor in the city of Swainsboro, County of Emanuel, State of Georgia, with a trade name to wit: GREER TRUCKING.

The name of said business is Trucking Transport.

This statement is made in conformity with O.C.G.A. 10-01-490 et seq. Requiring the filing of such statement with the Clerk of Superior Court of the county.
This 30th day of April, 2019

Sworn and subscribed before me.

This 2nd day of May, 2019

Charles Moscoe Dawkins

Notary Public

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NOTICE

Pursuant to the requirements of Sections 303.7 and 303.44 of the Federal Deposit Insurance Corporation Regulations, notice is hereby given that The Citizens Bank of Swainsboro, headquartered at 121 North Main Street, Swainsboro, Emanuel County, Georgia 30401 has filed an application for approval to establish a branch office to be located at 101 West Jackson Street, Suite B, Dublin, Georgia 31021.

Ant person wishing to comment on this application may file his or her comments in writing with the Regional Director of the Federal Deposit Insurance Corporation at its regional office located at 10 Tenth Street, NE, Suite 800, Atlanta, Georgia 30309-3906, not later than 15 days after the date of this publication. The nonconfidential portions of the application are on file in the regional office and are available for public inspection during regular business hours. Photocopies of the nonconfidential portion of the application file will be made available upon request.

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NOTICE OF SALE UNDER POWER

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 160, Twin City, GA 30471,  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 July, 2019, to wit: July 2, 2019, 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: Durden Banking Company, Inc., P.O. Box 160, Twin City, GA 30471, telephone (478) 763-2121.

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 160, Twin City, GA 30471.

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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NOTICE TO DEBTORS AND CREDITORS

GEORGIA, EMANUEL COUNTY

All creditors of the estate of Martin Luther Bridges, decedent, late of Emanuel County, are hereby notified to render in their demands to Jerry N. Cadle, P.C., P.O. Box 68, Swainsboro, GA 30401 according to law, and all persons indebted to said estate are required to make immediate payment.

This 30th day of May, 2019.

Jerry N. Cadle, Executor of the Estate of Martin Luther Bridges, decedent

Jerry N. Cadle, P.C.

P.O. Box 68

Swainsboro, GA 30401

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NOTICE OF SALE UNDER POWER

GEORGIA, EMANUEL COUNTYTHIS 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 Norman G Irving and Chrystal L. Irving to Mortgage Electronic Registration Systems, Inc. as nominee for PrimeSouth Mortgage, its successors and assigns, dated August 29, 2007, recorded in Deed Book 297, Page 134, Emanuel County, Georgia Records, as last transferred to Nationstar Mortgage LLC by assignment recorded in Deed Book 435, Page 174, Emanuel County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETY-THREE THOUSAND AND 0/100 DOLLARS ($193,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Emanuel 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 July, 2019, the following described property:

SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOFThe 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 yet due and 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.Nationstar Mortgage LLC d/b/a Mr. Cooper is the holder of the 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: Nationstar Mortgage, LLC d/b/a Mr. Cooper, 8950 Cypress Waters Blvd, Coppell, TX  75019, 888-850-9398×3705.  To the best knowledge and belief of the undersigned, the party in possession of the property is Norman G Irving and Chrystal L. Irving or a tenant or tenants and said property is more commonly known as 482 Hawhammock Church Road, Swainsboro, Georgia  30401.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.Nationstar Mortgage LLC d/b/a Mr. Cooper

as Attorney in Fact for

Norman G Irving and Chrystal L. Irving

McCalla Raymer Leibert Pierce, LLC

1544 Old Alabama Road

Roswell, Georgia  30076

www.foreclosurehotline.net

EXHIBIT “A”All that tract or parcel of land lying, situate, and being in the 53rd GMD of Emanuel County, Georgia, containing 15.865 acres, more or less, according to that particular plat of survey prepared by George William Donaldson, Surveyor, dated September 20, 2000, and recorded in Plat Book 18, page 438, Emanuel County Clerk’s records, and to which said plat reference is made for descriptive and all other legal purposes.  Said tract of land is bounded, now or formerly, as follows:  North by lands of ITT Rayonier, a branch being the line; east by lands of Earl Varner south by the center line of County Rural Road #59, a/k/a Hawhammock Church Road; and west by lands  of Ehrlich Farms, Inc.

MR/bdr     7/2/19

Our file no. 5512919 – FT2

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NOTICE OF FORECLOSURE

STATE OF GEORGIA,  EMANUEL COUNTY

WHEREAS, heretofore on April 19, 2012, ELIZABETH B. TURNER, AS GUARDIAN AND CONSERVATOR OF KATIE RHENEY did execute and deliver to STACEY H. TURNER, of the County of Emanuel, State of Georgia, a Deed to Secure Debt conveying the land described in Exhibit “A” below, and,

WHEREAS, said Deed to Secure Debt was executed to secure a Note of even date therewith in the original amount of FIFTY SIX THOUSAND DOLLARS AND 00/100 ($56.000.00) DOLLARS, together with all other indebtedness of the Borrower to the Lender then due or that might thereafter become due, or thereafter contracted, including any renewals thereof which was or would be evidenced by the Note or Notes from Elizabeth Turner, As Guardian and Conservator of Katie Rheney, all of which are shown by said Deed to Secure Debt recorded in the Office of Clerk, Emanuel County Superior Court, in Deed Book 367, Pages 135-137, and,

WHEREAS, said Notes and Deeds to Secure Debt as described therein, which were due and payable in monthly installments are past due and Elizabeth Turner, as Guardian and Conservator of Katie Rheney, has been notified that the mortgage is in default and that the lender(s) therein have elected to accelerate payment of said Note; And,

WHEREAS, notice has been given to Elizabeth Turner, as Guardian and Conservator of Katie Rheney as required by O.C.G.A. 44-14-162 through 44-14-163.4 (MICHIE 1982).

NOW THEREFORE, according to the terms of said Deed to Secure Debt and the laws in such cases made and provided, the undersigned will expose for sale to the highest bidder for cash, the property described in said Deed to Secure Debt from after proper advertisement, on the first Tuesday in July, 2019, to-wit: July 2, 2019, between the legal hours of sale before the courthouse door in Emanuel County, Georgia.  Said sale will be subject to any outstanding ad valorem taxes, and the purchaser will be responsible for any Georgia Real Estate Transfer Tax.  Proceeds from said sale will be used first, to pay the cost and expense of said sale; second, to pay the balance of the indebtedness mentioned above due by Elizabeth Turner, as Guardian and Conservator of Katie Rheney, and third, to pay the surplus, if any, to the person or persons legally entitled thereto.

This _______ day of April, 2019.

STACEY A. TURNER

As Attorney-in- Fact for The Conservator the Estate of Katie Rheney

SHEPHERD, GARY & McWHORTER, LLC

Attorneys at Law

P.O. Drawer 99

Swainsboro, Georgia  30401

(478) 237-7551

EXHIBIT “A”

All that tract or parcel of land together with improvements thereon, situate, lying and being in the 53rd DGM of Emanuel County, Georgia, and being the northern 100 foot of frontage on Georgia State Highway -Nunez Road, Swainsboro, Georgia, of Lot No. 4 Block B, Masons Park Subdivision as shown on a plat of same recorded in the Office of the Clerk of Superior Court of Emanuel County, Georgia, in Plat Book 1, Page 237. Reference being made to said plat for a more complete and accurate description of the property.

Property Address: 767 Old Nunez Road, Swainsboro, GA 30401

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Judicial Notice

Pursuant to O.C.G.A. 15-11-18(d)(3), the Superior Court is seeking qualified candidates for the position of Juvenile Court Judge in the Middle Judicial Circuit for Candler, Emanuel, Jefferson, Toombs and Washington Counties.  This will be a four year appointment by court order beginning on July 1, 2019 and ending on June 30, 2022.

Qualified applicants must be at least 30 years of age, a citizen of Georgia for 3 years, having practiced law for five years (seven is preferred) and be a member of the State Bar of Georgia in good standing. Travel throughout the Judicial Circuit and some limited state travel will be required. 

Anyone expressing an interest in this position including all questions and comments should refer them to:

Mr. Bob Nadekow

District Court Administrator

Post Office Drawer C

Lyons, GA 30436

Only letters of interest, questions or comments received by June 26, 2019 will be considered. No phone calls, please.

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GEORGIA, EMANUEL COUNTY

NOTICE OF SALE UNDER POWER

Because of default in the payment of a note secured by a deed to secure debt executed by KIM REESE f/k/a KIM SWINDLE dated October 4, 2013, recorded in Deed Book 392, Pages 97-100, Emanuel County records, the undersigned has declared the full unpaid amount of the indebtedness referred to due and payable and, acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in July, 2019 during the legal hours of sale at the Johnson County Courthouse, sell at public outcry to the highest bidder for cash, the lands described in said deed, to-wit:

All that certain tract or parcel of land lying, situate and being in the City of Swainsboro, 53rd G. M. District of Emanuel County, Georgia, designated as Lot 4 and the Eastern 15 feet of Lot 3 of Mrs. James B. Mason Subdivision, fronting a combined distance of 80 feet on the Northern side of Curtis Street as shown on a plat of survey dated January 19, 1956, made by J.D. McLeod, Surveyor which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book DR, page 525 to which reference is made a part of this description.  Said property is bounded now or formerly as follows:  North by lands of Benjamin Norbert and lands of Jane B. Barnes; East by lands of Eugene C. Cuyler; South by Curtis Street; and West by lands of Gay Nell Price Estate.

Said property is the same as that conveyed by a Warranty Deed dated October 4, 2013 from Laura Anne Kirby to Kim Reese f/k/a Kim Swindle, which is recorded in the Office of Clerk, Emanuel County Superior Court in Deed Book 392, Pages 95-96.

Said property is the same as that conveyed by an Administrators Deed dated February 26, 1999 from John Kirby as Administrator of the Estate of Gaynell Price, John Kirby, Kim Swindle, Larry Dean Price, and Deborah Gentry all individually and as their interest may appear to Kim Swindle and Laura Anne Kirby, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 124, pages 457-458.

Said property is to be sold subject to any outstanding ad valorem taxes (including taxes, which are liens, but not yet 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 and encumbrances, zoning ordinances, restrictions, covenants and matters superior to the aforesaid Deed to Secure Debt first set out above.  Said property is also sold “as is” without any representation, warranty, or recourse against the above named creditor or the undersigned.

The undersigned will execute a deed to the purchaser as authorized by the aforementioned debt deed.

This the 30th day of May, 2019.

Spivey State Bank, a Division of Persons Banking Company,

as Attorney in Fact for Kim Reese f/k/a Kim Swindle

BROWN ROUNTREE PC

26 N MAIN STREET

STATESBORO, GEORGIA  30458

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