2006-05-25 / Public Notices

Legals

NOTICE TO

DEBTORS AND CREDITORS

All persons indebted to the estate of Fletcher M. Ruff, deceased, are hereby notified to make payment of same to the undersigned and all persons having a claim against said estate are notified to make claim to the undersigned or be barred from participation in said estate. This 10th day of April, 2006. Executrix, Estate of Fletcher M. Ruff

Audrey B. Ruff

3214 Biscayne Drive

Lincolnton, Georgia 30817 Hammond & Hammond IN THE SUPERIOR COURT

FOR LINCOLN COUNTY

STATE OF GEORGIA CIVIL ACTION FILE NUMBER: 06CV8835

JAMES WILLIE HARRIS,

Plaintiff.,

Vs., GARNETT WEEKS HARRIS,

Defendant.

NOTICE OF SUMMONS TO: GARNETT W. HARRIS

By ORDER of the Court for service by publication dated April 11, 2006, You are hereby notified that on April 17, 2006, the above named plaintiff filed suit against you for divorce.

You are required to file with the Clerk of the Superior Court, and to serve upon the plaintiff's attorney whose address is: PO Box 447, Washington GA 30673 an Answer in writing within sixty (60) days of the Order for service by publication.

Witness the Honorable Roger W. Dunaway, Jr. and Harold A. Hinesley, Judges of the Lincoln County Superior Court. This April 19, 2006.

Bruce C. Beggs, Clerk

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FINAL PLAT DETERMINATION

The Lincoln County Planning Commission will hold its regularly scheduled meeting in the Commissioners' Conference Room, Lincoln County Courthouse, at 210 Humphrey Street, Lincolnton, Georgia on Monday, June 5, 2006 at 5:30 p.m.

The primary purpose of the hearing is a final plat determination for Pointe Shores Subdivision a proposed major subdivision located South off Graball Road known as Map 11/Parcel 001. The tract of land owned by Georgia Coast and Lakes, LLC and having approximately 80 feet of frontage being located South side of Graball Road. Bound on the North by lands of Connie H. Arthur and Hilda H. Neal, bound on the Northwest by lands of Mrs. William M. Bufford, Jr., bound on the Northeast by lands of Laverne and Flora T. Wilson, Northeast by lands of Geoca Shirley Wallace and bound on the South, Southeast and Southwest by lands of the United States Corps of Engineers. The property's total area is approximately 212.47 acres.

Documents can be viewed at Lincoln County Department of Planning & Zoning Office during normal business hours. Individuals with questions may call (706) 359-5522.

The Lincoln County Board of Commissioners will act on the recommendation and any other pertinent matters concerning this subdivision request during their regularly scheduled meeting on June 8, 2006 at 5:30 p.m. 5 25 2tc

FINAL PLAT DETERMINATION

The Lincoln County Planning Commission will hold its regularly scheduled meeting in the Commissioners' Conference Room, Lincoln County Courthouse, at 210 Humphrey Street, Lincolnton, Georgia on June 5, 2006 at 5:30 p.m.

The primary purpose of the hearing is a final plat determination for Eagle Pointe subdivision located off Georgia Highway 79 at the end of Fishing Creek Estates Road known as Map 11 Parcel 15. The entire tract of land owned by Waterfront Group Georgia, LLC and having approximately 60 feet of frontage on Fishing Creek Estates Road. Bound on the North, West, and Northeast by lands of the United States Corp of Engineers, East by lands of Mr. John William Jamison, Southeast by lands of Prater Family Partnership II, LLLP, South by lands of Nettie Rouse, George Hicks Estate, Jeffery E. Thompson and Southwest by lands of Clarence H. Tuten. The property's total area is approximately 104.48 acres.

Documents can be viewed at Lincoln County Department of Planning & Zoning Office during normal business hours. Individuals with questions may call (706) 359-5522.

The Lincoln County Board of Commissioners will act on the recommendation and any other pertinent matters concerning this subdivision request during their regularly scheduled meeting on June 8, 2006 at 5:30 p.m. 5 25 2tc

NOTICE TO

DEBTORS AND CREDITORS

All persons indebted to the estate of William Halstead Wood, deceased, are hereby notified to make payment of same to the undersigned and all persons having a claim against said estate are notified to make claim to the undersigned or be barred from participation in said estate. This 20th day of April, 2006. Executor, Estate of William Halstead Wood

Joyce Hart Wood

2726 Augusta Highway

Lincolnton, Georgia 30817 Hammond & Hammond Post Office Box 1137 Thomson, Georgia 30824 5 4 4tp

NOTICE TO THE PUBLIC

A petition for a zoning amendment has been filed with the City Council requesting that property located on 548 N. Washington, Street, owned by Greg Ruddell, Sr. be changed from zone R-1 to C-1. A public hearing will be held at City Hall on June 5, 2006. All those in favor of or objecting to this petition should be present to voice their support or objection.

Ginger Dawkins

Zoning Administrator

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NOTICE TO THE PUBLIC

A petition for a zoning amendment has been filed with the City Council requesting that property located on 155 S. Peachtree Street, owned by Wilkes Telephone & Electric Co. be granted a variance request. A public hearing will be held at City Hall on June 5, 2006 at 7:00 p.m. All those in favor of or objecting to, should be present to voice their support or objection.

Ginger Dawkins

Zoning Administrator

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NOTICE OF ELECTION OF

Lincoln County SOIL AND WATER CONSERVATION

DISTRICT SUPERVISOR

To all qualified voters in Lincoln County:

Notice is hereby given that on November 7, 2006 a nonpartisan election will be held to elect 1 supervisor(s) from Lincoln County in the Lincoln County Soil and Water Conservation District.

June 30, 2006 is the last day on which nominations for candidates for the election will be accepted. The signatures of at least 25 qualified electors of the county are required to nominate a candidate. Nominating petitions must be received in the office of the Elections Superintendent at P O Box 1419 or 160 May Avenue, Lincolnton, GA 30817, no later than 12:00 noon on June 30, 2006. Petitions may be obtained from the Conservation Commission at the address below, from the Commission's website at www.gaswcc.georgia.gov, www.gaswcc.ga.gov, or from the Elections Superintendent of Lincoln County. STATE SOIL AND WATER CONSERVATION

COMMISSION Brent L. Dykes, Acting Executive Director 4310 Lexington Road

P. O. Box 8024

Athens, GA 30603

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NOTICE OF SERVICE

BY PUBLICATION In the Superior Court of Lincoln County State of Georgia Wachovia Bank of Delaware, N.A. F/K/A First Union Bank of Delaware, SBM First Union Home Equity Bank, N.A., Plaintiff vs. Clayton T. Clark and United Companies Lending Corporation, Defendants. Civil Action File No. 06CV8758 Judge: Hon. Harold A. Hinesley

Complaint for Quiet Title, Breach of Note, Specific Performance, Declaratory Judgment and Attorneys Fees filed on January 24, 2006. Summons issued on January 24, 2006. Order Granting Motion for Service by Publication filed on April 20, 2006 TO: United Companies Lending Corporation the above-styled: 1) Summons; and 2) Complaint for Quiet Title, Breach of Note, Specific Performance, Declaratory Judgment and Attorneys Fees was filed against you by Wachovia Bank of Delaware, N.A. F/K/A First Union Bank of Delaware, SBM First Union Home Equity Bank, N.A. on January 24, 2006. By Order dated April 25, 2006 and entered into the Court on April 25, 2006, this Court ordered that service of process upon you be made by publication, all as provided by law. You are hereby commanded and required to file with the Clerk of said Court and serve upon Paul G. Wersant, Plaintiff's attorney, whose address is Morris, Schneider & Prior, L.L.C., 1587 Northeast Expressway, Atlanta, Georgia 30329, an Answer to Plaintiff's Complaint within sixty (60) days from the date of the Order for Service by Publication as set forth above. Witness the Honorable Harold A. Hinesley, Judge of the Superior Court of Lincoln County, Georgia. This 9th day of May, 2006.

Bruce C. Beggs, SCC

Clerk, Superior Court of Lincoln County,

Georgia Paul G. Wersant Georgia Bar No. 748341 Attorney for Plaintiff Morris, Schneider & Prior, L.L.C. 1587 N.E. Expressway Atlanta, Georgia 30329 5 18 4tp Post Office Box 1137 Thomson, Georgia 30824 5 4 4tp

NOTICE OF SALE UNDER POWER Georgia, Lincoln County

By virtue of a Power of Sale contained in that certain Security Deed from Corey Beckworth to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for HomeQuest Capital Funding its successors and assigns, dated November 12, 2004, recorded in Deed Book 149, Page 72, Lincoln County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of EIGHTY-THREE THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($ 83,200.00) with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lincoln County, Georgia, within the legal hours of sale on the first Tuesday in June 2006 the following described property:

All that lot or parcel of land with improvements thereon, situate, lying and being in the 269th District, G.M., Lincoln County, Georgia, and being known and designated as Lot 6, Block F, Indian Cove Subdivision, as shown on a plat made by James G. Swift, P.E., Augusta, Georgia, dated March 12, 1963 and recorded in the Office of the Clerk of the Superior Court of Lincoln County, Georgia, in Plat Book 3, page 2; reference being made to said plat for a more complete and accurate description as to the metes, bounds and location of said property.

Said property is conveyed subject to restrictions pertaining to Indian Cove Subdivision recorded in Deed Book 23, pages 257-258, and to the restrictions contained in a Deed from the United States of America to Kimberling Investment Corporation, recorded in Deed Book 23, pages 112-113 of the Lincoln County Records.

Said property is commonly known as 1104 Comanche Circle, Lincolnton, GA 30817.

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, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney's fees and all other payments provided for under the terms of the Security Deed and Note.

Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; 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 party in possession of the property is Corey Beckworth or tenant(s).

This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.

Mortgage Electronic Registration Systems, Inc.

as Attorney in Fact for

Corey Beckworth Contact: Ericka Stoxstell Morris, Schneider & Prior, L.L.C. 1587 Northeast Expressway Atlanta, GA 30329 MSP File No. 066.0513784\EDS 5 11 4tc

DEBTORS AND CREDITORS NOTICE

All creditors of the Estate of Steven J. Moszczenski, deceased, late of Lincoln County, Georgia, are hereby required to render in their claims or demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to the undersigned. This the 1st day of May, 2006.

Brenda L. Moszczenski

1004 Jamaica Court

Lincolnton, Georgia 30817

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NOTICE TO THE PUBLIC

A petition for a zoning amendment has been filed with the City Council requesting that property located on 509 Goshen Street, owned by Greg Ruddell, Sr. be changed from zone R-1 to C-1. A public hearing will be held at City Hall on June 5, 2006. All those in favor of or objecting to this petition should be present to voice their support or objection.

Ginger Dawkins

Zoning Administrator

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REQUEST FOR PROPOSALS

The Lincoln County Development Authority is seeking proposals from qualified contractors for a Guaranteed Maximum Price Contract for the construction of a new 18,000 SF Warehouse/ Distribution Facility for Lincoln County. The selected contractor will assist the Authority and Project Manager in the final design and engineering of the facility to insure the contractor's ability to deliver the project within the final Guaranteed Maximum Price Contract and the time requirements of the project. To be qualified, contractors should be able to demonstrate significant experience in industrial building construction, the ability to provide adequate performance and payment bonds issued by a company licensed to do business in the State of Georgia and a history of on-time on-budget project delivery. Preliminary plans and specifications for the project are available for inspection at the offices of the Lincoln County Development Authority at 112 N. Washington Street, Lincolnton, Georgia 30817.

All interested contractors will be required to complete and submit both a Qualification Questionnaire and Proposal Package. Both the Qualification Questionnaire and Proposal Package may be obtained by contacting the Lincoln County Development Authority at 112 N. Washington Street, Lincolnton, Georgia 30817 (706) 359-7970. All Qualification Questionnaires and Proposal Packages require the payment of a single non-refundable Fifty Dollar ($50) qualification and proposal fee made payable to the Lincoln County Development Authority. Both the Qualification Questionnaire and Proposal Package must be submitted and in the Lincoln County Development Authority's offices no later than 10:00 AM EDT, Friday, June 2, 2006.

Qualification Questionnaires will be opened and scored based on organization, licensing certifications, experience, references, financial capacity, and management/operations. Contractors meeting the qualifications requirements will then have their Proposal Packages opened for evaluation regarding their Guaranteed Maximum Price Contract. The Proposal Packages of all contractors not meeting the qualification requirements will remain sealed and returned to the individual contractor.

Following the opening of the Proposals, such will be scored on a comparative basis. Based on the combined scoring of both the Qualifications Questionnaire and the Proposal the Authority will select the responsible and responsive offeror or offferors whose proposal or proposals are determined to be in the best interest of the Authority, taking into consideration the evaluation factors set forth above, as well as factors such as the work to be performed by local contractors, work to be performed the contractor's employees, and dates of commencement and completion.

The Authority may choose to negotiate with one or more of the selected contractors. The

DELINQUENT PROPERTY TAX SALE

Under and by virtue of certain tax FiFa's issued the by the Tax Commissioner of Lincoln County, Georgia, in favor of the State of Georgia and County of Lincoln, against the following named persons and the property as described next to their respective name(s). There will be sold for cash or certified funds at public outcry, before the Courthouse door in Lincolnton, Lincoln County, Georgia, between the legal hours of sale, on the first Tuesday in June, 2006, the same being June 6, 2006, and continuing on Wednesday, June 7, 2006, if necessary between the legal hours of sale, 10:00 AM and 4:00 PM. The below listed and described properties, or as much thereof as will satisfy the State and County tax execution on the respective individual and property. The property (ies) hereinafter described have been levied on as the property of the persons whose names immediately precede the property description. Each of the respective parcels of property is located in Lincoln County, State of Georgia. The years for which said FiFa's are issued and levied are stated opposite the name of the owner in each case. Each defendant and tenant in possession, if applicable, has been notified of levy time and place of sale. Purchaser shall pay for title, all transfer costs, all taxes, advertising costs and recording fees. Any mobile home(s) situated on the parcels are excluded from sale unless otherwise noted. For the exact amount due, contact the Lincoln County Tax Commissioner's office.

Map & Parcel: 010 11A 201 Defendant in Fi-Fa: Cunningham, Benjamin L. Current Record Holder: Cunningham, Benjamin L., Estate & Heirs of All Heirs Known & Unknown CRH Address: % Douglas L. Cunningham 2139 Alfred Lane Augusta, GA30906Amount Due: $375.20 Tax Years Due: 2004, 2003, 2002 Deed Book: 100/118 & 100/120

Legal Description: All that tract of land being in the: 188th GMD. And being 0.60 acres more or less. Being Lot 16, Block D, of Holiday Estates Subdivision. As shown in Plat Book 2, Page 69. Or as further described in Deed Book 100, Page 118, & Deed Book 100, Page 120.

Map & Parcel: 010 35A 11 Defendant in Fi-Fa: Calhoun, Jane P. Current Record Holder: Calhoun, Jane P. CRH Address: P.O. Box 3093 Greenwood, SC29646Amount Due: $791.61 Tax Years Due: 2004 Deed Book: 65/533

Legal Description: All that tract of land being in the: 187th GMD. And being 0.47 acres more or less. Being Lot 1, of Ponderosa Subdivision, Revision, Section J. As shown in Plat Book A, Page 186. Or as further described in Deed Book 65, Page 533.

Map & Parcel: 010 55A 19 Defendant in Fi-Fa: The Bank of New York As Current Record Holder: The Bank of New York, as Trustee under the

Pooling and Servicing Agreement dated as of

February 29, 1996 Series 1996-A CRH Address: 9 Dunwoody Park, Ste. 107 Atlanta, GA30338Amount Due: $907.51 Tax Years Due: 2004, 2003, 2002 Deed Book: 116/399

Legal Description: All that tract of land being in the: 183rd GMD. And being 0.50 acres, more or less. Being Lot 19, of J.P. Wells Jr. Subdivision, Number 1. As shown in Plat Book 3, Page 35. Or as further described in Deed Book 116, Page 399. Also known as 1205 Murray Jones Circle.

Map & Parcel: 010 61 33 Defendant in Fi-Fa: Reese, Sara E. Current Record Holder: Reese, Sarah Tayner, Estate & Heirs of All Heirs Known & Unknown CRH Address: 221 Eisenhower Drive Nashville, TN37211award will be made to the responsible and responsive offeror whose proposal is determined to be the most advantageous to the Authority. The Authority's decision will be based upon a cumulative scoring factor and not solely upon the lowest cost proposal. 5 4 3tc Amount Due: $492.75 Tax Years Due: 2004, 2003 Deed Book: 34/594

Legal Description: All that tract of land being in the: 182nd GMD. And being 1.17 acres, more or less. As shown as Area #5 in Plat Book 5, Page 237. Or as further described in Deed Book 34, Page 594. Less & Except: that 12.13 acres as shown as Lot 5-A in Plat Book 8, Page 457. Also shown as Lot 5-B in Plat Book 8, Page 457. Also known as 3247 Tankersley Road.

Map & Parcel: 010L 4 65A Defendant in Fi-Fa: Wright, Zula Mae Current Record Holder: Wright, Zula Mae CRH Address: P.O. Box 297 Washington, GA30673Amount Due: $420.31 Tax Years Due: 2004 Deed Book: 81/86

Legal Description: All that tract of land being in the: City of Lincolnton, 186th GMD. And being 2.04 acres, more or less. As shown in Plat Book A, Page 247. Or as further described in Deed Book 81, Page 86. Less & Except: that 6.38 acres as shown in Plat Slide A-114, Panel C & described in Deed Book 137, Page 4.

Map & Parcel: 010L 4 68 Defendant in Fi-Fa: Reid, Effie H. Current Record Holder: Reid, Effie H., Estate & Heirs of All Heirs Known & Unknown CRH Address: 188 Rowland-York Drive Lincolnton, GA30817Amount Due: $395.69 Tax Years Due: 2004, 2003, 2002 Deed Book: 21/541

Legal Description: All that tract of land being in the: 186th GMD. And being 0.177 acres, more or less. As shown in Plat Book 2, Page 3. Or as further described in Deed Book 21, Page 541. Also known as 188 Rowland-York Drive.

Map & Parcel: 010L 5 219 Defendant in Fi-Fa: Blackburn, Michael A. Jr. & Virginia Lee M. Current Record Holder: Blackburn, Katie M., Life Estate CRH Address: 917 Moore Ave. Augusta, GA30904Amount Due: $784.85 Tax Years Due: 2004, 2003, 2002 Deed Book: 87/257

Legal Description: Defendant in Fifa, Katie M. Blackburn, Holder of a Life Estate, Michael A Blackburn Jr. & Virginia Lee M. Blackburn, Remaindermen, and the property located at 124 Pennington Lane, and being more fully described as follows: All that tract of land being in the: City of Lincolnton, 186th GMD. And being 0.38 acres, more or less. As shown in Plat Book 7, Page 203. Or as further described in Deed Book 87, Page 257.

Map & Parcel: 010L 9 29 Defendant in Fi-Fa: Axon, Felicia Current Record Holder: Axon, Felicia, a/k/a Felicia T. Cosmos, & Cosmos, Frank, Estates & Heirs of All Heirs Known & Unknown CRH Address: P.O. Box 55 Boneville, GA30806Amount Due: $725.56 Tax Years Due: 2004, 2003, 2002 Deed Book: 41/112

Legal Description: All that tract of land being in the: City of Lincolnton, 186th GMD. And being 0.40 acres, more or less. Being Lot 2, of Elam Heights Subdivision. As shown in Plat Book 5, Page 394. Or as further described in Deed Book 41, Page 112.

Map & Parcel: 1 Defendant in Fi-Fa: Subway of Athens, Inc. Current Record Holder: Subway of Athens, Inc CRH Address: % Joe H. Galley, CPA P.O. Box 1409 Tucker, GA30085Amount Due: $1,126.90 Tax Years Due: 2004 Legal Description: Equipment

Brenda T. Danner

Lincoln County Tax Commissioner

Ex-Officio Sheriff

* Deed Book: Refers to Deed Records located in the Lincoln County Courthouse, Clerk of Superior Court's Office where property is more

fully described. 4C-2-26 5 11 4tc

NOTICE TO

DEBTORS AND CREDITORS Lincoln County

All persons indebted to the estate of Mitchell Otto Flanigan, deceased, are hereby notified to make payment of same to the undersigned and all persons having a claim against said estate are notified to make claim to the undersigned or be barred from participation in said estate. This 8th day of May, 2006. Executrix, estate of Mitchell Otto Flanigan

Ann Chafin Flanigan

484 South Washington Street

Lincolnton, Georgia 30817 Hammond & Hammond Post Office Box 1137 Thomson, Georgia 30824 5 18 4tp

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