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Forsyth, Georgia
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August 22, 2018     The Monroe County Reporter
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Deadline ' Friday, 12 Noon Page 13D August 2 i 018 Miscellaneous Probate Court Public Hearing Public Sales/ Auctions Sale Under Power Sale Under Power 18-353 GRAND JURY PRESENTMENTS AUGUST TERM, 2018 MONROE SUPERIOR COURT TO: HONORABLE WILLIAM A. FEARS JUDGE, MONROE COUNTY SUPERIOR COURT TOWALIGA JUDICIAL CIRCUIT We, the Grand Jury for this Term of Court, having completed our work and disposing of all matters coming before us, make the following report. We considered all criminal cases presented and returned a true bill or no bill as supported by evidence The Grand Jury makes the following appointments to the Board of Equalization: The Grand Jurors appoint Georgia B. Evans to serve as a member of the Board of Equalization, to serve a term of three (3) years from January 1, 2019 through December 31, 2021. The Grand Jurors appoint Linell Buell Wiener to serve as an alternate member of the Board of Equalization, for a term of three (3) years from January 1, 2019 through December 31, 2021. We recommend that this presentment be published in the official organ of Monroe County and the usual amount be paid for the publication UNANIMOUSLY ADOPTED, this 14th day of August, 2018. /s/Linell Buell Wiener, II, Clerk /s/Mitzi J. Kellum, Foreperson The Foregoing GrandJury Presentment, having been read and submitted in open court, IT IS ORDERED that the same be filed and published as recommended. This 14th day of August, 2018. /s/William A. Fears, Judge Monroe County Superior Court Towaliga Judicial Circuit Received And filed, this 14th day of August, 2018. /s/Lynn W. Ham Clerk of Superior Court Monroe County, Georgia 8/22 Probate Court k Jm 18-321 IN THE PROBATE COURT COUNTY OF MONROE STATE OF GEORGIA IN RE: ESTATE OP ROBERT LEE WILLIS SR DECEASED ESTATE NO. 2014PC006 PETITION FOR LETrERS OF ADMINISTRATION NOTICE TO: Robert L. Willis, Bobby Duffy, Sr Savanna Willis, Chilinda Willis, Metsa Mitchell, Agnes Price Willis and Shandora Mitchell And to whom it may concern Pamela Bolton on behalf of Tyler Willis has petitioned for Jefferson Adams, County Administrator to be appointed Administrator of the estate of ROBERT LEE WILLIS 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 September 10,2018@ 10:00AM. 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. Donna S. Robins Judge of the Probate Court By: Mary Ashlin Breland Clerk/Deputy Clerk of the Probate Court PO Box 187 Forsyth, GA 31029 478 994-7036 8/1-8/22 18-327 IN THE PROBATE COURT COUNTY OF MONROE STATE OF GEORGIA IN RE: ESTATE OF MARY FRANCES J. SMARTE DECEASED ESTATE NO. 2018PC097 PETITION FOR LETTERS OF ADMINISTRATION NOTICE TO: And to whom it may concern FREDERICK DOUGLAS SMARTE Ill has petitioned for FREDERICK DOUGLAS SMARTE IIIto beappointed Administrator of the estate of MARY FRANCES J. SMARTE 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 October 1, 2018 @ 10:00 AM. 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. /s/Donna S. Robins Judge of the Probate Court By: Mary Ashlin Breland Clerk/Deputy Clerk of the Probate Court PO Box 187 Forsyth, GA 31029 478-994-7036 8/8-8/29 18-345 IN THE PROBATE COURT COUNTY OF MONROE STATE OF GEORGIA IN RE: ESTATE OF ROBERT F. BURSON, DECEASED ESTATE NO. 2018PC076 NOTICE An order for service was granted by this court on July 9, 2018, requiring the following: TO: Nikki Lee Dayton 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 10, 2018 @ 10:00 AM. BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth the grounds of any such objections. All objections must be signed before a notary public or before a probate court clerk, and filing fees should be tendered with your objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the Petition may be granted without a hearing. /s/Donna S. Robins Judge of the Probate Court By: Mary Ashlin Breland Clerk/Deputy Clerk. of the Probate Court PO Box 187 Forsyth, GA 31029 478-994-7036 8/15-9/5 18-355 IN THE PROBATE COURT COUNTY OF MONROE STATE OF GEORGIA IN RE: ESTATE OF BRENDA ISON NEAL DECEASED ESTATE NO. 2018PC099 PETITION FOR LETTERS OF ADMINISTRATION NOTICE To Whom it May Concern KIMBERELY ANN WEISENBURGER has petitioned for KIMBERELY ANN WEISENBURGER to be appointed Administrator of the estate of BRENDA ISON NEAL deceased, of said County. (The Petitioner has also applied for waiver of bond and/or grant of certain powers contained in O~C.GA 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 October 1, 2018 @ 10:00AM. 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. /s/Donna S. Robins Judge of the Probate Court By: Mary Ashlin Breland Clerk/Deputy Clerk of the Probate Court PO Box 187 Forsyth, GA 31029 478 994-7036 8/22 -9/12 18-343 NOTICE OF PROPOSED ORDINANCE FOR THE CITY OF FORSVTH ANNEXATION/ ZONING/PUBLIC HEARING The Mayor and Council of the City of Forsyth will consider and the public may be heard as to an ordinance providing for the alteration of the corporate boundaries of the City of Forsyth through annexation, at 6:00 P.M. on September 6, 2018, or as soon thereafter as the matter may be reached, at City Hall Council Chambers at Alderman Hall at 5 West Adams Street, in Forsyth, and such ordinance relates to an application for annexation to the City by Monroe County and the Board of Commissioners of Monroe County, and the property subject of the application for annexation is a tract or parcel of land situate and lying in Monroe County, Georgia, partially within Land Lots 135, 136, and 153 of the Sixth Land District of Monroe County, containing 82 acres, more or less, and identified as Monroe County Tax Parcel 040 009B, to be zoned, upon annexation into the City, as Institutional District; and for annexation into the City a tract of land situate, lying and being in Monroe County, Georgia, and partially within Land Lots 136 and 137 of the Sixth Land District of Monroe County, containing 16.5 acres, more or less, and identified as Monroe County Map Parcel 040 031C, and upon annexation into the City to be zoned as Institutional. Each tract of land is contiguous to the present corporate limits of the City of Forsyth under the criteria of Georgia law. The parcels of land under consideration are presently zoned as Commercial and Industrial under Monroe County zoning classifications, and the uses located upon such lands are facilities of the County government, and the zoning within the City of Forsyth allows such parcels under such use to be permitted under the proposed City zoning of Institutional. A copy of the proposed ordinance is available for inspection in the office of the City Clerk during regular business hours. This 6th day of August, 2018. Mayor and Council of the City of Forsyth 8/15-8/29 18-344 NOTICE OF PUBLIC HEARING/CITY OF FORSYTH/ VARIANCE AND CONDITIONAL USE APPLICATION Notice is hereby given that the Mayor and Council of the City of Forsyth at City Council Chambers at Alderman Hall at 5 West Adams Street in Forsyth, at 6:00 PM on September 6, 2018, or as soon thereafter as the matter may be reached, will conduct a public hearing and consider the application of Ingrain Entities/Diversified Capital Management, Inc with regard to a variance as to the minimum square footage for apartments/ units in the upper floor(s) of the property at 22 and 25 West Main Street in Forsyth (Monroe County Tax Parcel F27 049); and for a conditional use and variance to allow an exterior stairway in the above stated building (36 inches wide) to accommodate fire exits, and to encroach upon the sidewalk on Jackson Street and to comply with ADA requirements. The use of the property is not changing. The current zoning of the property is CBD (Central Business District), and the zoning shall remain unchanged The public hearing will be conducted in accordance with the procedures set out in the Zoning Ordinance of the City of Forsyth, including but not limited to Article 31 of the City Zoning Ordinance (Public Hearing Procedures). This 8th day of August, 2018. Mayor and Council of the City of Forsyth 8/15-8/29 Public Sales/ Auctions 18-340 NOTICE OF PUBLIC SALE For sale at public auction at ERC Self Storage, 636A Hwy 83N, Forsyth, GA content of units containing household and miscellaneous goods will be held on August 23, 2018 at 10 a.m. until 11 a.m. to the highest bidder. Payment should be made in money order, cash, credit card or check with proper ID. Katrina High Tony Ponder Lacie Manuel Richanna Tyson Erioa Banks 8/15-8/22 18-348 ABANDONED VEHICLES Pursuant to OCGA Subsection 40-11-2, Buice's Garage, Inc. through its agents, states that the following vehicles are abandoned and will be sold at a later date if not picked up as stated. 40 Town Creek Rd Forsyth, GA 31029 2017 Hyundai Van Trailer 3H3V532C3HT56001 1998 Freightliner 1FUPCSEB6WP889083 2006 Chev Malibu 1G1ZT51896F157198 1987 GMC P/U 1GTFC24KXKE508443 2001 Toyota Camry 4T1BG22K71 U054447 2005 Dodge Magnum 2D8GV58275H518467 8/15-8/22 18-350 Notice of Public Sale of Abandoned Vehicles Pursuant to OCGA Subsection 40-11-2, Mid Ga Service Center, through its Agents, states that the following vehicles are abandoned and will be sold at auction on September 5, 2018 at 10:00 am at 817 Hwy 41 South, Forsyth GA 31029. 2002 Chevrolet Silverado VIN: 2GCEC19V221394545 2001 Dodge Caravan VIN: 1B4GP24381 B193768 2005 Mercedes ML500 VIN: 4JGAB75X5A520246 2002 Chevrolet Tahoe VIN: 1GNEC13Z42J343685 2001 Dodge Ram 1500 VIN: 1B7HF16Y91S291480 2001 Honda Accord VIN: JHMCG56601C006669 2000 Cadillac STS VIN: 1G6KY5492YU137388 8/22-9/5 18-351 ABANDONED VEHICLE SALE The following vehicle will be sold at Public Auction on September 1, 2018 at 9 a.m. at 525B GA Hwy 83 North, Forsyth, GA 31029. 2002 Ford Mustang VIN #1FAFP4545X12F178279 8/22-8/29 18-352 IN THE MAGISTRATE COURT OF MONROE COUNTY STATE OF GEORGIA Bobby Hopper DBA Forsyth Wrecker V. Rouisha Pouncey Defendant Civil Action No. 18-44AV ORDER The plaintiff having demonstrated tothe Court that the following motor vehicle: 1GIAD5F56A7245928, 2010 Chevy Cobalt LT, is an abandoned vehicle as described in O.C.G.A. 40-11-1(1) and subject to a ]ien pursuant to O.C.G.A. 40-11-4; and The plaintiff having submitted an affidavit as required in O.C.G.A. 40-11-5(2) wherein he/she/it demonstrated compliance with the requirements of said statute for the foreclosure of said lien; and No timely petition for a hearing has been filed with the Court or Plaintiff having otherwise proven by a preponderance of the evidence that such lien is valid; IT iS HEREBY ORDERED that foreclosure of said lien is authorized, and the vehicle may be sold subject to the lien to satisfy the debt if such debt is not otherwise immediate paid in full. So Ordered, this 12 day of March, 2018. /s/Diane Williams Magistrate Court of Monroe County 8/22-8/29 Sale Under Power 18-334 Notice of Sale Under Power State of Georgia, County of MONROE Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by DARREN M HOWARD AND TEREASA L HOWARD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC ("MERS"), AS NOMINEE FOR SYNOVUS MORTGAGE CORP ITS SUCCESSORS AND ASSIGNS,dated 08/07/2009, and Recorded on 08/11/2009 as Book No. 1364 and Page No. 280, AS AFFECTED BY BOOK 1730, PAGE 317, MONROE County, Georgia records, as last assigned to JPMORGAN CHASE BANK, N.A. (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $198,979.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the MONROE County Courthouse 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 LAND LOT 288 OF THE 13TH DISTRICT, MONROE COUNTY, GEORGIA, BEING TRACT 1D, CONTAINING 2.23 ACRES, MORE OR LESS, OF FINNEY ESTATES, AS PER PLAT RECORDED IN PLAT BOOK 28, PAGE 205, MONROE COUNTY, GEORGIA RECORDS, TO WHICH PLAT REFERENCE IS MADE FOR A MORE DETAILED DESCRIPTION. 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. Because the debt remains 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 having been given). JPMORGAN CHASE BANK, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, acting on behalf of and, as necessary, in consultation with JPMORGAN CHASE BANK, N.A. (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44-14-162.2, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION may be contacted at: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 3415 VISION DRIVE, COLUMBUS, OH 43219, 866-550-5705. Please note that, pursuant to O.C.G.A. 44-14-162 2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 2422 PATE ROAD, JULIETTE, GEORGIA 31046 is/are: DARREN M HOWARD AND TEREASA L HOWARD or tenant/ 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, covenants, etc. 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. 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. JPMORGAN CHASE BANK, N.A. as Attorney in Fact for DARREN M HOWARD AND TEREASA L HOWARD THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000007263197 BARREI-F DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004.Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341-5398 18-335 STATE OF GEORGIA, COUNTY OF MONROE. Under and by virtue of the power of sale in a certain Deed to Secure Debt from Jon G. Branan and Gall S. Branan, Grantors, to THE FOUR COUNTY BANK, Grantee, dated the 15th day of August, 2000 and recorded in Deed Book 679, Page 108, Clerk's Office, Monroe County Superior Court, said Deed to Secure having been given to secure an original Note dated the 15th day of August, 2000, being modified by Modification Agreement dated the 29th day of March, 2005, recorded in Deed Book 1036, Page 312, with a final Renewal of said Note dated the 4th day of February, 2016 in the sum of $147,455.53, all of record in the Clerk's Office, Monroe County Superior Court, there is due to be sold by the undersigned at public outcry, during the legal hours of sale before the Courthouse of Monroe County, Georgia on the first Tuesday in September 2018, to-wit: the 4th day of September, 2018, to the highest and best bidder for cash, the following described property: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 258, 13th Land District, Monroe County, Georgia, being known and designated as Lot 25, Weatherford Plantation, containing 3.34 acres, more or less, according to a plat recorded in Plat Book 15, Pages 56-59, Clerk's Office, Monroe Superior Court. Said plat is incorporated herein for the purpose of a more complete and accurate description of the metes, bounds and dimensions of said property. The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of default pursuant to the terms of said Deed to Secure Debt and note. Notice has been given to enforce provisions for collection of attorney's fees and foreclosure in accordance with the legal requirements and the terms of the Deed to Secure Debt and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to Secure Debt, including the attorney's fees and the remainder, after applying said proceeds to other indebtedness owed by Grantors to Grantee, if any, shall be applied as provided by law. To the best of the undersigned's knowledge and belief, the property is in the possession of Jon G. Branan and Gall S. Branan and said property will be sold as the property of Jon G. Branan and Gall S. Branan. Said property will also be sold subject to the Security Deed from J. Gary Branan and Gall S. Branan to SunTrust Bank in the sum of $140,000.00 dated May 20, 1996 and filed in Deed Book 492, Page 248, Clerk's Office, Monroe County Superior Court, and to all outstanding ad valorem taxes, street improvements, and easements or restrictions of record, if any, unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, the right of redemption of any taxing authority, 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 Deed to Secure Debt first set out above. The undersigned will execute a deed to the purchaser at said sale as provided in the Deed to Secure Debt. 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 Deed to Secure Debt. The law firm of Emmett L. Goodman, Jr. for Plaintiff is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Pursuant to O.C.G.A. Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Mr. J. Michael Brown, Executive Vice President-Chief Credit Officer, The Four County Bank, P.O. Box 106, Allentown, GA 31003, Telephone: 478-962-3221. THE FOUR COUNTY BANK as attorney-in-fact of JON G. BRANAN and GAlL S. BRANAN EMMETT L. GOODMAN, JR LLC 544 Mulberry Street, Suite 800 Macon, Georgia 31201-2776 Telephone: (478)745-5415 18-336 STATE OF GEORGIA COUNTY OF MONROE NOTICE OF SALE UNDER POWER Because of a default under the terms of the Security Deed executed by Napoleon B. Mays, Sr. to Mortgage Electronic Registration Systems, Inc as nominee for Countrywide Home Loans, Inc its successors and assigns dated September 28, 2005, and recorded in Deed Book 1080, Page 15, Monroe County Records, said Security Deed having been last sold, assigned, transferred and conveyed to The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2005-13, securing a Note in the original principal amount of $157,700.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 4, 2018, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: ALL THAT CERTAIN PARCEL OF LAND SITUATE IN LAND LOT 149 OF THE 6TH LAND DISTRICT, 480TH (FORSYTH) GEORGIA MILITIA DISTRICT OF