Legals

Legals

IN THE PROBATE COURT
OF STEPHENS COUNTY
STATE OF GEORGIA

IN RE:
CHARLES RICHARD HAMMONS,
DECEASED

ESTATE NO. 12532

NOTICE OF PETITION TO FILE FOR YEAR'S SUPPORT

The Petition of NORA F. HAMMONS, for a year's support from the estate of CHARLES RICHARD HAMMONS, 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 4th, 2018, 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 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 STREET
TOCCOA, GA 30577
706-886-2828
gpn18
TR448696

Legals

IN THE PROBATE COURT
OF STEPHENS COUNTY

STATE OF GEORGIA

IN RE: ESTATE OF
JAMES KEVIN HIGGINBOTHAM,
DECEASED

ESTATE NO. 12526

PETITION FOR LETTERS
OF ADMINISTRATION
NOTICE

TO: to whom it may concern:MADI HIGGINBOTHAM LOUDERMILK has petitioned to be appointed Administrator(s) of the estate of JAMES KEVIN HIGGINBOTHAM 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 4th, 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.

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
gpn18
TR447498

Legals

NOTICE OF SALE UNDER
POWER

GEORGIA, STEPHENS COUNTY

Under and by virtue of the Power of Sale contained in a Security Deed given by GREG F. AUSTIN, SR. AND KATHERINE L. AUSTIN to JOHN ESSIGMAN, LLC, dated September 30, 2015, recorded in Deed Book 1075, Page 67-81, STEPHENS County, Georgia Records, conveying the after-described property to secure Notes in the original principal amount of $63,000.00, with interest thereon, 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 the first Tuesday in September 2018, the following described property:

ALL THAT TRACT or parcel of land lying and being in Tract P-1628 in the 215th District, G.M., Stephens County, Georgia, and being designated as Lots 79 and 80, Hill View Section of Shady Shores Development, per plat thereof recorded in Plat Book 4, Page 208, Stephens County Records, which plat of survey is incorporated herein by reference as part of this description. .

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 attorneys fees (notice 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is GREG F. AUSTIN, SR. AND KATHERINE L. AUSTIN or a tenant or tenants and said property is more commonly known as 391 Imperial Dr., Martin, GA 30557.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the US Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
John Essigman, LLC
as Attorney in Fact for
GREG F. AUSTIN, SR.
AND KATHERINE L. AUSTIN

Spencer Carr
The Carr Law Group, LLC
P.O. Box 999
CLARKESVILLE, GA 30523

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Gpn11
TR448600

Legals

NOTICE OF SALE UNDER POWER
STATE OF GEORGIA, COUNTY OF STEPHENS
THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

By virtue of a Power of Sale contained in that certain Security Deed from Hugh Kennedy to United States of America acting through Rural Housing Service or successor agency, United States Department of Agriculture, dated October 14, 2004 and recorded on October 15, 2004 in DEED Book 680, Page 140, in the Office of the Clerk of Superior Court of Stephens County, Georgia, said Security Deed having been given to secure a Note of even date, in the original principal amount of Eighty-Four Thousand Three Hundred Sixty-One and 00/100 dollars ($84,361.00) with interest thereon as provided therein, 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 has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday of September, 2018, all property described in said Security Deed including but not limited to the following described property:

All that tract or parcel land together with improvements thereon lying and being in the 215th G.M.D., Stephens County, Georgia, CONTAINING 1.45 ACRES, more or less, located on the Northwesterly side of the right of way of DeFoor Road and being more particularly shown and described according to plat of survey for Hugh Kennedy by Kenneth V. Cash, Registered Land Surveyor, dated October 1, 2004, mapped October 4, 2004, recorded in Plat Book 17, Page 245D, Stephens County Records, which plat of survey is incorporated herein by reference as part of this description.

The above described property being the same as that conveyed by Warranty Deed from Jody K. Marcus and LaDonna L. Marcus to Debra S. Thomason dated December 9, 1994, recorded in Deed Book 319, Page 293, Stephens County Records.

Said property may more commonly be known as 7608 DeFoor Road, Toccoa, GA 30577.

The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys fees (notice of intent to collect attorneys fees having been given).

The individual or entity that has full authority to negotiate, amend and modify all terms of the loan is United States of America acting through Rural Housing Service or successor agency, United States Department of Agriculture, USDA RURAL DEVELOPMENT, RURAL HOUSING SERVICE, 1400 INDEPENDENCE AVE., SW, RM 5014, STOP 0701, WASHINGTON, DC 20250-0701; (800) 414-1226.

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: a) zoning ordinances; b) matters which would be disclosed by an accurate survey or by an inspection of the property; c) any outstanding ad valorem taxes, including taxes, which constitute liens upon said property whether or not now due and payable; d) special assessments; e) the right of redemption of any taxing authority; f) all outstanding bills for public utilities which constitute liens upon said property; g) all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owners and party in possession of the property are Hugh Kennedy and or tenant(s). The sale will be conducted subject to 1) confirmation that the sale is not prohibited under the U.S. Bankruptcy code and 2) final confirmation and audit of the status of the loan with the holder of the Security Deed.

United States of America acting through Rural Housing Service or successor agency, United States Department of Agriculture as Attorney-in-Fact for Hugh Kennedy.

Contact: Padgett Law Group: 6267 Old Water Oak Road, Suite 203, Tallahassee, FL 32312; (850)
422-2520
Ad Run Dates: 08/09/18; 08/16/18; 08/23/18; 08/30/18
gpn11
TR448821

Legals

NOTICE OF FORECLOSURE SALE UNDER POWER

STEPHENS COUNTY, GEORGIA

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 Anthony Owenby And Angela Owenby to Mortgage Electronic Registration Systems, Inc., as nominee for American Freedom Mortgage Inc., dated July 12, 2004, and recorded in Deed Book 16437, Page 771, Stephens County, Georgia Records, subsequently re-recorded August 14, 2007 in Book 822, Page 313 Stephens County, Georgia Records, subsequently re-recorded January 15, 2010 in Book 918, Page 107 Stephens County, Georgia Records, as last transferred to Bank of America, N.A. by assignment recorded on June 14, 2017 in Book 1124 Page 235 in the Office of the Clerk of Superior Court of Stephens County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Two Hundred Fifty-Six Thousand Five Hundred and 0/100 dollars ($256,500.00), 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 4, 2018, the following described property:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 440TH DISTRICT, G.M., STEPHENS COUNTY, GEORGIA, AND MORE FULLY DESCRIBED AS FOLLOWS:

BEGINNING AT A CORNER COMMON TO LOT 1 AND 4 OF THE WALTER CHEEK PROPERTY AND LANDS OF TOCCOA FALLS SCHOOL, THENCE RUNNING ALONG THE LINE OF TOCCOA FALLS SCHOOL NORTH 31 DEGREES 08 MINUTES WEST 382.1 FEET TO A CONCRETE MONUMENT COMMON TO LOTS 1 AND 2 OF THE WALTER CHEEK PROPERTY, LANDS OF TOCCOA FALLS SCHOOL AND LANDS OF THE BOWERS; THENCE ALONG THE LINE OF LOT 2 OF THE WALTER CHEEK PROPERTY SOUTH 76 DEGREES 42 MINUTES EAST 264.5 FEET OT A CONCRETE MONUMENT COMMON TO LOTS 1, 2 AND 3 OF THE WALTER CHEEK PROPERTY; THENCE ALONG THE LINE OF LOT 3 SOUTH 04 DEGREES 05 MINUTES EAST 240.2 FEET TO A 40 INCH WHITE OAK NEXT TO LOT 4 OF THE WALTER CHEEK PROPERTY; THENCE ALONG THE LINE OF LOT 4 SOUTH 70 DEGREES 53 MINUTES WEST 81.5 FEET TO THE BEGINNING CORNER, CONTAINING 1.04 ACRE AND DESIGNATED AS LOT 1 OF THE WALTER CHEEK PROPERTY, ACCORDING TO PLAT AND SURVEY BY HUBERT LOVELL, REGISTERED LAND SURVEYOR, DATED SEPTEMBER 28, 1977, COPY OF SAID PLAT RECORDED IN PLAT BOOK 9, PAGE 126, STEPHENS COUNTY RECORDS.

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 attorneys fees (notice of intent to collect attorneys fees having been given).

The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Shellpoint Mortgage Servicing they can be contacted at 800-365-7107 for Loss Mitigation Dept, or by writing to 55 Beattie Place, Suite 110, Greenville, South Carolina 29601, to discuss possible alternatives to avoid foreclosure.

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.

To the best knowledge and belief of the undersigned, the party in possession of the property is Anthony Owenby And Angela Owenby or tenant(s); and said property is more commonly known as 167 Sandy Road, Toccoa, GA 30577.

The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure.

Bank of America, N.A. as Attorney in Fact for Anthony Owenby And Angela Owenby.

Brock & Scott, PLLC
4360 Chamblee Dunwoody Road
Suite 310
Atlanta, GA 30341
404-789-2661
B&S file no.: 16-11039
gpn11
TR445533

Legals

NOTICE OF FORECLOSURE SALE UNDER POWER

STEPHENS COUNTY, GEORGIA

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 Donald G. Payne to The Bank Of Toccoa, dated February 23, 1999, and recorded in Deed Book 430, Page107, Stephens County, Georgia Records, subsequently modified by a Loan Modification Agreement recorded December 22, 2011 in Book 970, Page 373 in the amount of Forty-Nine Thousand Three Hundred Seventy-Eight and 46/100 ($49,378.46) Stephens County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Thirty-Six Thousand Thirty-Six and 93/100 dollars ($36,036.93), 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 4, 2018, the following
described property:

All that tract or parcel of land, situate, lying and being in the Wolf Pit (267) G. M. D., Stephens County, Georgia CONTAINING 3.25 ACRES, BEING KNOWN AND DESIGNATED AS TRACT NO. 1, CONTAINING 0.75 ACRE, TRACT NO. 3, CONTAINING 1.25 ACRES, AND TRACT NO. 4, CONTAINING 1.25 ACRES, as more particularly shown on a plat or survey for Alexander ECC & M prepared by G. Brian Slate, R.S., dated August 3, 1998, revised November 12, 1998, recorded in Plat Book 16, Page 479, Stephens County Deed Records, the description as contained therein being incorporated herein by reference.

The above described property being a portion of that described in the Warranty Deed from Alexander ECC & M. L. L. C. to Donald G. Payne dated February 23, 1999, recorded in Stephens County Deed Records.

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 attorneys fees (notice of intent to collect attorneys fees having been given).

The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: First-Citizens Bank & Trust Company they can be contacted at 866-676-7456 for Loss Mitigation Dept, or by writing to 100 E. Tryon Road, Attn: DAC-36, Raleigh, NC 27603, to discuss possible alternatives to avoid foreclosure.

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.

To the best knowledge and belief of the undersigned, the party in possession of the property is Donald G. Payne or tenant(s); and said property is more commonly known as 158 Welcome Road, Eastanollee, GA 30538.

The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure.

First-Citizens Bank & Trust Company as Attorney in Fact for Donald G. Payne.

Brock & Scott, PLLC
4360 Chamblee Dunwoody Road
Suite 310
Atlanta, GA 30341
404-789-2661
B&S file no.: 18-05794
gpn11
TR447676

Legals

IN THE PROBATE COURT
OF STEPHENS COUNTY
STATE OF GEORGIA

IN RE:
WESLEY BARRY FINCHER,
DECEASED

ESTATE NO. 12531

NOTICE OF PETITION TO FILE FOR YEAR'S SUPPORT

The Petition of SHEILA L. FINCHER, for a year's support from the estate of WESLEY BARRY FINCHER, 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 4th, 2018, 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 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
gpn18
TR448668

Legals

IN THE PROBATE COURT OF STEPHENS COUNTY
STATE OF GEORGIA

IN RE: ESTATE OF
CARL WILLIAM LAMBETH,
DECEASED

ESTATE NO. 12533

NOTICE

IN RE: The Petition to Probate Will in Solemn Form in the above-referenced estate having been duly filed,

TO: MICHAEL LAMBETH, CRYSTAL LAMBETH AND LISA LAMBETH
[List here all heirs having unknown addresses to be served by publication]

This is to notify you to file objection, if there is any, to the Petition to Probate Will in Solemn Form, in this Court on or before SEPTEMBER 10TH, 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 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
SUITE 108
TOCCOA, GA 30577
Address
706-886-2828
Telephone Number
gpn18
TR449263

Legals

IN THE PROBATE COURT
OF STEPHENS COUNTY
STATE OF GEORGIA

IN RE:
BILL R. DAVIS,
DECEASED

ESTATE NO. 12536

NOTICE OF PETITION TO FILE FOR YEAR'S SUPPORT

The Petition of Joyce W. Davis, for a year's support from the estate of Bill R. Davis, 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 10, 2018, 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 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
gpn18
TR450278

The Toccoa Record

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

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