Legals

Legals

STATE OF GEORGIA
COUNTY OF STEPHENS

NOTICE TO CREDITORS AND DEBTORS

ALL PERSONS INDEBTED TO LARRY RAY POWERS, DECEASED, ARE HEREBY NOTIFIED TO MAKE IMMEDIATE PAYMENT TO THE UNDERSIGNED AND ALL CREDITORS OF SAID DECEDENT ARE HEREBY NOTIFIED TO RENDER THEIR CLAIMS TO THE UNDERSIGNED.

THIS 24TH DAY OF JULY, 2017.

WITNESSED MY HAND AND SEAL, ON THE DAY ABOVE WRITTEN.

VANESSA WARREN ACTING
AS EXECUTRIX OF THE
LARRY RAY POWERS ESTATE.

ADDRESS:

1150 PEBBLE STONE DR APT A
WATKINSVILLE GA 30677
gpn18
TR360173

Legals

NOTICE OF SALE UNDER POWER

Under and by virtue of the Power of Sale contained in a Security Deed from THOMAS GALL and TAMMY GALL to Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Investors Corporation dated June 18, 2010, and recorded on June 25, 2010, in DEED BOOK 929, PAGE 483, of the Stephens County, Georgia Records, as last assigned to GREEN PLANET SERVICING, LLC n/k/a PLANET HOME LENDING, LLC (Secured Creditor); conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THOUSAND SEVEN HUNDRED SEVENTY-FOUR Dollars and 00/100 ($300,774.00) 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 Stephens County, Georgia, within the legal hours of sale on SEPTEMBER 5, 2017, the following described property:

LAND SITUATED IN THE COUNTY OF STEPHENS IN THE STATE OF GA:

ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 135 OF THE 12TH LAND DISTRICT OF STEPHENS COUNTY, GEORGIA, LYING ON THE NORTH AND NORTHWEST RIGHT-OF-WAY OF TRESTLE VIEW ROAD, AND BEING KNOWN AND DESIGNATED AS LOT FORTY-NINE (49), LOT FIFTY (50), LOT FIFTY-ONE (51), AND ONE-HALF OF LOT FIFTY-TWO (52), TRESTLE FALLS SUBDIVISION, PHASE ONE A, ACCORDING TO A PLAT AND SURVEY FOR AC&D REAL ESTATE, L.L.P BY BARTLETT AND CASH LAND SURVEYORS DATED AUGUST 8, 2000, RECORDED IN PLAT BOOK 16, PAGE 920, STEPHENS COUNTY PLAT RECORDS.

*Now designated as 009D 054 pursuant to the revised Stephens County Tax Map Plat.

The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said 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 attorneys fees having been given) and all other payments provided for under the terms of the Security Deed and Note.
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.
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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Planet Home Lending, LLC, 321 Research Parkway, Suite 303, Meriden, CT 06450, 866-882-8187. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best of the undersigned's knowledge and belief, said property is also known as 98 Trestle View Road, Toccoa, Georgia 30577, and the party in possession of the property is Tammy Gall or a tenant or tenants of said property.

PLANET HOME LENDING, LLC
As Attorney-in-Fact for
THOMAS GALL AND TAMMY GALL

SOLOMON | BAGGETT, LLC
3763 Rogers Bridge Road
Duluth, GA 30097
(678) 243-2512

THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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TR358132

Legals

NOTICE OF SALE UNDER POWER

STATE OF GEORGIA

COUNTY OF STEPHENS

Under and by virtue of the power of sale contained in that certain Commercial Deed to Secure Debt and Security Agreement from C. Danny Mabry, a/k/a Carey Daniel Mabry, an individual, (Grantor) to and in favor of AFB&T, a Georgia State Bank Corporation (the Lender) that is dated December 22, 2006, recorded in Deed Book 791 beginning at Page 333, Stephens County, Georgia records, as last modified by the Modification of Commercial Deed to Secure Debt and Security Agreement from Grantor to Lender that is dated September 25, 2013, and recorded in Deed Book 1025 beginning at Page 79, Stephens County Records, as thereafter assigned to OSK II, LLC by VFC Partners 31 LLC by an Assignment of Loan and Liens dated October 30, 2015, recorded in Deed Book 1077 at Page 459-461, aforesaid records (as modified and assigned the Security Deed), given to secure the debt evidenced by the Promissory Note of Grantor dated December 22, 2006, in the original principal amount of Fifty Thousand and 00/100 ($50,000.00) Dollars (as modified and assigned to OSK II, LLC the Note), there will be sold by the undersigned OSK II, LLC, a Minnesota limited liability company and holder of the Security Deed and Note, by public outcry to the highest bidder for cash before the Courthouse door in Stephens County, Georgia, during the legal hours of sale on the first Tuesday in September, 2017, to wit: September 5, 2017 the following described improved tract of land ( the Property), to wit:

All that tract or parcel of land lying and being in the City of Toccoa, Stephens County, Georgia, on the North side of Skyview Lane and more fully described as follows: BEGINNING at an iron pin corner on the North side of Skyview Lane next to property of Crowe, said iron pin corner being 110 feet Southwest of the intersection of Skyview Lane and Price Street and running thence along the right of way of Skyview Lane South 68 degrees, 28 minutes West 98 feet to an iron pin corner next to property of Gilbert; thence along the line of Gilbert North 07 degrees 14 minutes West 162.5 feet to an iron pin corner next to the property of Loden; thence along the line of Loden and Brackett North 69 degrees 20 minutes East 80 feet to an iron pin corner; thence continuing along the line of Brackett South 08 degrees 32 minutes East 35.3 feet to an iron pin corner; thence along the line of Crowe South 14 degrees 35 minutes East 122.7 feet to the beginning iron pin corner and containing 0.31 acre according to plat and survey by Clelland A. Tyson, Registered Surveyor, dated June 21, 1972.

ALSO:
All that tract or parcel of land situate, lying and being in the City of Toccoa, Stephens County, Georgia, and lying off the North side of Skyview Lane and being a part of Lot E of the Martin and Green Subdivision and being more particularly described as Tract 2 on a plat of survey for C. Darrell Gilbert by Clelland A. Tyson dated June 8, 1977, recorded in Plat Book 9, Page 26, Stephens County Records, said tract containing 0.01 acre.

EXCEPT and not conveyed:
All that tract or parcel of land situate, lying and being in the City of Toccoa, Stephens County, Georgia on the North side of Skyview Lane and being part of Lot D of the Martin and Green Subdivision, containing 0.01 acre, and being more particularly described as Tract 3 on a plat of survey for C. Darrell Gilbert by Clelland A. Tyson, dated June 8, 1977, recorded in Plat Book 9, Page 26, Stephens County Records.

TOGETHER WITH ALL FIXTURES AND PERSONAL PROPERTY ATTACHED TO AND CONSTITUTING A PART OF SAID PROPERTY, IF ANY.

The indebtedness secured by the Security Deed has been and is hereby declared due because of the Grantors default under the terms of the Note and Security Deed, including, among other things, the failure to pay the indebtedness evidenced by the Note, as and when due in the manner provided for in the Note. The indebtedness remaining in default, the Security Deed has therefore become and is now foreclosable according to its terms. Accordingly, the Property will be sold by public outcry pursuant to the power of sale contained in the Security Deed for the purpose of paying all sums evidenced by the Note and secured by the Security Deed and all expenses of the sale, including attorneys fees (notice of intent to collect attorneys fees having been given) and the remainder, if any, will be paid to the person or persons legally entitled thereto as provided by Georgia law. Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who has full authority to negotiate, amend or modify all the terms of the above described Security Deed is as follows: Dwayne Young, c/o AmeriNat, 217 S. Newton Avenue, Albert Lea, MN 56007, (888) 263-7628, ext. 1381. The foregoing notwithstanding, nothing in O.C.G.A. 44-14-162.2 shall be construed to require OSK II, LLC to negotiate, amend, or modify the terms of the Security Deed. Said Property will be sold as the property of C. Danny Mabry a/k/a Carey Daniel Mabry subject to any outstanding ad valorem taxes and/or assessments (including taxes which are a lien but are not yet due and payable), possible redemptive rights of the Internal Revenue Service, if any, any matters which might be disclosed by an accurate survey and inspection of the Property and any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed. The sale will be conducted subject to (1) 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 pursuant to O.C.G.A. 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed under Power of Sale and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided for immediately above.

To the best of the undersigneds knowledge and belief, the owner of the Property is C. Danny Mabry a/k/a Carey Daniel Mabry or LTA Properties, LLC and the party or parties in possession of the Property is C. Danny Mabry a/k/a Carey Daniel Mabry or LTA Properties, LLC or tenant or tenants.

OSK II, LLC, a Minnesota limited liability company, as Agent and Attorney-in-Fact for C. Danny Mabry a/k/a Carey Daniel Mabry.

Ira L. Rachelson, Esq.
RACHELSON & WHITE, PC
Riverwood 100
3350 Riverwood Parkway
Atlanta, GA 30339
Telephone: (678) 990-5220

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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TR363182

Legals

NOTICE OF SALE UNDER POWER

GEORGIA, STEPHENS COUNTY

By virtue of a Power of Sale contained in that certain Security Deed from MURPHY REGINA COOK to CITIFINANCIAL SERVICES INC., dated May 10, 2007, recorded May 11, 2007, in Deed Book 809, Page 124-128, Stephens County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Fifty-Nine Thousand Two Hundred Eighty-Two and 87/100 dollars ($59,282.87), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan Servicing, LLC, a Delaware Limited Liability Company , there will be sold at public outcry to the highest bidder for cash at the Stephens County Courthouse, within the legal hours of sale on the first Tuesday in September, 2017, all property described in said Security Deed including but not limited to the following described property:

ALL THAT TRACT OR PARCEL OF LAND TOGETHER WITH IMPROVEMENTS THEREON LYING AND BEING IN THE 1473RD GMD A/K/A BROAD RIVER DISTRICT, STEPHENS COUNTY, GEORGIA, LOCATED ON THE SOUTHEASTERLY SIDE OF THE RIGHT OF WAY OF ROBINSON ROAD, CONTAINING 1.06 ACRES, MORE OR LESS, AND BEING DESIGNATED AS LOT 1 ON A PLAT OF SURVEY RECORDED IN PLAT BOOK 16, PAGE 845, STEPHENS COUNTY RECORDS, THE DESCRIPTION CONTAINED THEREIN BEING INCORPORATED HEREIN BY REFERENCE AS PART OF THIS DESCRIPTION.

Said legal description being controlling, however the property is more commonly known as 1282 M HICKS RD, TOCCOA, GA 30577.

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. 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 (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note.

Said property will be sold on an as-is basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: 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; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed.

To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is MURPHY REGINA COOK, or tenants(s).

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.

Please note that, pursuant to O.C.G.A. 44-14-162.2, you are not entitled by law to an amendment or modification of the terms of your loan. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: BAYVIEW LOAN SERVICING,LLC, Loss Mitigation Dept., 4425 Ponce de Leon Blvd., 5th Floor, Coral Gables, FL 33146, Telephone Number: 800-771-0299.

BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY
as Attorney in Fact for
MURPHY REGINA COOK

THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Attorney Contact: Rubin Lublin, LLC, 3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071
Telephone Number: (877) 813-0992 Case No. BVC-17-04165-1
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TR358188

Legals

NOTICE OF SALE UNDER POWER

GEORGIA, STEPHENS 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 Karen Ruth Zoellner to Mortgage Electronic Registration Systems, Inc. as nominee for Homestar Financial Corp., its successors and assigns, dated April 20, 2012, recorded in Deed Book 981, Page 26, Stephens County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment recorded in Deed Book 1108, Page 207, Stephens County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-FOUR THOUSAND SEVEN HUNDRED NINETY-FIVE AND 0/100 DOLLARS ($64,795.00), 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 Stephens 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 September, 2017, 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 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. JPMorgan Chase Bank, National Association 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: JPMorgan Chase Bank, National Association, 3415 Vision Drive, Columbus, OH 43219 800-446-8939. To the best knowledge and belief of the undersigned, the party in possession of the property is Karen Ruth Zoellner or a tenant or tenants and said property is more commonly known as 165 Hilltop Lane, Toccoa, Georgia 30577. 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. JPMorgan Chase Bank, National Association as Attorney in Fact for Karen Ruth Zoellner McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net EXHIBIT A ALL THAT TRACE OR PARCEL OF LAND situate in the 440th District, G.M., County of Stephes, State of Georgia, being more particularly described as follows: B.F. Bruce Subdivision in the original Collins Tract and being all of Lot No. Seventeen (#17), all according to Plat and survey by O.F. Smith, R.S., March 29, 1954, reference being made to said plat and survey, and made a part of this description. It is agreed that there is reserved a 10 foot strip off the rear of said Lot; which is to be used as a public alley. Being a portion of the property conveyed by Chandler G. Collier to B.F. Bruce by Warranty Deed dated March 12, 1954, which deed is recorded in Deed Book 58, Page 283, in the Office of the Clerk of Superior Court, Stephens County, Georgia being almost a portion of the property conveyed by B.F. Bruce to David J. Rice by Warranty Deed dated April 3, 1954, which deed is recorded in Deed Book 58, Page 304 in the Office of the Clerk of Superior Court, Stephens County, Georgia. Being also the same property conveyed by Warranty Deed from David J. Rice to Charles H. Carswell, Jr. November 19, 1954, and recorded in Deed Book 58, Page 470 in the Office of the Clerk of Superior Court, Stephens County, Georgia. Said premises has a five-room brick veneer dwelling situated thereon. This being the same property conveyed to Steve West from Fannie Mae aka Federal National Mortgage Association via Limited Warranty Deed dated February 29, 2012 and recorded on March 5, 2012 in Deed Book 975, Page 360, Stephens County, Georgia deed records. A plat of the B.F. Bruce Subdivision in Collins Tract is recorded at Plat Book 3, page 94, Stephens County Records. MR/mtj 9/5/17 Our file no. 5410216 - FT3
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TR359119

Legals

IN THE PROBATE COURT
COUNTY OF STEPHENS
STATE OF GEORGIA

IN RE: ESTATE OF
EMORY HARRISON WILLIAMS,
DECEASED
ESTATE NO. 12344

NOTICE OF PETITION TO FILE FOR YEAR'S SUPPORT

The petition of Barbara Ann Willians, for a year's support from the estate of EMORY HARRISON WILLIAMS, 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 September 5th, 2017, 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 on or before the time stated in the preceding sentence. All objections should be sworn to before a notary public or before a Pobate 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.

Glenda S. Ernest
Judge of the Probate Court
By: Cindy Simmons
Clerk of the Probate Court

70 N ALEXANDER ST SUITE 108
TOCCOA, GA 30577
706-886-2828
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TR363075

Legals

IN THE PROBATE COURT OF STEPHENS COUNTY
STATE OF GEORGIA

IN RE: ESTATE OF
DONALD L. PAYNE, DECEASED

ESTATE NO. 12130

NOTICE
[For Discharge from Office and all Liability]

IN RE: Petition for Discharge of Personal Representative

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 AUGUST 28th, 2017.

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.

GLENDA S. ERNEST
Judge of the Probate Court
By: Cindy Simmons
Clerk of the Probate Court

70 N. ALEXANDER ST SUITE 108
TOCCOA, GA 30577
706-886-2828
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TR365228

Legals

IN THE PROBATE COURT OF STEPHENS COUNTY
STATE OF GEORGIA

IN RE: ESTATE OF

WILLIAM EDWARD ROBERSON,
DECEASED

ESTATE NO. 12347

PETITION FOR LETTERS OF ADMINISTRATION

NOTICE

TO: to whom it may concern:

NANCY A. ADDISON has petitioned for to be appointed Administrator( s) of the estate of WLLIAM EDWARD ROBERSON 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 SEPTEMBER 11TH, 2017.

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 orbefore 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.

Glenda S. Ernest
Judge of the Probate Court
By: Cindy Simmons
Clerk of the Probate Court

70 N Alexander St
Toccoa, GA 30577

706-886-2828
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TR364716

The Toccoa Record

Mailing Address:
P.O. Drawer 1069
Toccoa, GA 30577

Phone: 706-886-9476
Fax: 706-886-2161