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