LEGALS

2007-06-07 / Public Notices


LOGIC AND ACCURACY TESTING
PUBLIC NOTICE
Notice is hereby given that the logic and
accuracy testing and preparation of voting
equipment to be used in the June 19, 2007
Special Election, will begin at 5:30 p.m. on
June 13, 2007. Testing will continue until
complete and is open to the public. Said testing
and preparation will be conducted at Lincoln
County Board of Elections (160 May
Avenue, Lincolnton, Georgia 30817).
Kevin D. Williams
Elections Coordinator
June 1, 2007
6 7 1tc
NOTICE OF COMPUTATION &
CANVASSING OF ELECTION
RETURNS
Pursuant to O.C.G.A. 21-2-492, notice is
hereby given that the computation and canvassing
of the returns of votes cast in the
Lincoln County, Georgia June 19, 2007 Special
Election will take place in the Office of
Lincoln County Board of Elections (160 May
Avenue, Lincolnton, Georgia 30817) on
Tuesday, June 19, 2007, computation of results
will begin at 7:00 p.m.
This 1st of June, 2007.
Kevin D. Williams
Elections Coordinator
6 7 1tc
NAME CHANGE
In the Superior Court of
Lincoln County
State of Georgia
In Re: Lauren Ann Gilbert
This is to advise all parties of interest, if
any, that a Petition to Change Name has
been filed with the Lincoln County Clerk of
Superior Court's Office on May 14, 2007, by
Lauren Ann Roberson to change her name to
Lauren Ann Gilbert.
All parties of interest are hereby notified
to file their objections, if any, to the Lincoln
County Clerk's Office no later than thirty
(30) days from the date of filing.
Jimmy D. Plunkett
234 Main Street
Post Office Box 1576
Thomson, Georgia 30824
6 7 4tc
NOTICE OF SALE UNDER POWER
IN DEED TO SECURE DEBT
STATE OF GEORGIA
COUNTY OF LINCOLN
Uunder and by virtue of the power of sale
in that certain Deed to Secure Debt and Security
Agreement, executed by Belony
Thermidor and Marie Thermidor ("Grantors")
in favor of RBC Centura Bank, dated as

of November 10, 2003, and recorded at Book
139, Page 88, Lincoln County Records; said
Deed to Secure Debt having been given to
secure a Promissory Note dated November
10, 2003, in the original principal amount of
Forty-Nine Thousand, Three Hundred
Ninety-Two Dollars ($49,392.00), with interest
from said date at the rate stated in the
Note, there will be sold, at public outcry to
the highest bidder for cash before the courthouse
door at Lincoln County, Georgia, during
the legal hours of sale, on Tuesday, July
3, 2007, the following described property,
together with all fixtures and personal property
attached to and constituting a part of
said property, if any:
All that tract, lot or parcel of land situate,
lying and being in the 187th District, G.M. of
Lincoln County, Georgia, containing 2.86
acres, and being designated and distinguished
as Lot 6-B, Block B, of and in the Savannah
Bay Subdivision, and being more particularly
described by a Plat of Survey of said subdivision,
prepared by Randall E. Cook, R.L.S.
No. 2270, dated June 10, 2003, a copy of
which said Plat is of record in the Office of
the Clerk of Superior Court of Lincoln
County, Georgia in Plat Cabinet "A", Slide
137, Panels A&B, and to which Plat and the
official record thereof reference is hereby
specifically made in aid of and for a more
complete and detailed description of said lot
as to its courses, bound, metes and distances.
Said property is subject to Savannah Bay
Subdivision Declaration of Covenants, Conditions,
Restrictions and Easements, dated
January 28, 2002, copies of which are recorded
in Deed Book 123 at Page 496, Lincoln
County Clerk's Office and Savannah Bay
Subdivision Amended Declaration of Covenants,
Conditions, Restrictions and Easements,
dated August 1, 2003, copies of which
are recorded in Deed Book 136 at Pages 500-
524, Lincoln County Clerk's Office
The debt secured by virtue of said Deed to
Secure Debt has been and is hereby declared
due because of, among other possible events
of default, nonpayment of amounts due under
said Note. The proceeds of sale will be
applied to the payment of said indebtedness
and all expenses of said sale, including
attorney's fees, as provided in said Deed, and
the balance, if any will be distributed as provided
by law. Notice has been given of intention
to enforce provisions for collection of
attorney's fees as provided by applicable law.
Said property will be sold as the property
of Belony Thermidor and Marie Thermidor,
the property, to the best information, knowledge
and belief of the undersigned, being presently
in the possession of Belony Thermidor
and Marie Thermidor. It will be sold subject
to outstanding ad valorem taxes and assessments,
if any, including taxes and assessments
which are a lien, whether or not now due and
payable, the right of redemption of any taxing
authority, any encumbrances, zoning ordinances,
restrictions, covenants, and matters
of record superior to the Deed to Secure
Debt and Security Agreement first set out
above.
DATED this 31st day of May, 2007.
RBC Centura Bank
As Attorney in Fact for the above-named
Grantors
Christopher A. Cosper
Hull, Towill, Norman, Barrett & Salley, P.C.
P.O. Box 1564
Augusta, Georgia 30901
6 7 4tp
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF LINCOLN
By virtue of the power of sale contained
in a Security Deed from Charles S. Crosby
and Pamela A. Crosby to Lendmark Financial
Services, Inc., dated March 1, 2004, filed
March 9, 2004, and recorded in Deed Book
141, Page 328, Lincoln County, Georgia
records, there will be sold at public outcry for
cash to the highest bidder before the courthouse
doors of said county during the legal
hours of sale on the first Tuesday in July,
2007, by Lendmark Financial Services, Inc.,
as Attorney-in-Fact for Charles S. Crosby
and Pamela A. Crosby, the following described
property, to-wit:
All those lots or parcels of land with improvements
thereon, situate, lying and being
in the State of Georgia, County of Lincoln,
being known and designated as Lot 8 and 9,
Block "A", Indian Cove Subdivision of
Kimberling Investment Corporation land
within the Clark Hill Reservoir area in said
County, as shown on a plat of Indian Cove as
prepared by James G. Swift, P.E., Augusta,
Georgia, dated March 12, 1963 and recorded
in the office of the Clerk of 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.
The indebtedness secured by said Security
Deed having been declared due and payable
because of default in the payment of the indebtedness
secured thereby, this sale will be
made for the purpose of paying the same and
all expenses of the sale, including attorney's
fees, notice of intention to collect attorney's
fees having been given as provided by law.
The property will be sold as the property
of Charles S. Crosby and Pamela A. Crosby,
subject to the following: (1) all prior restrictive
covenants, easements, right-of-ways, or
encumbrances; (2) all valid zoning ordinances;
(3) matters which would be disclosed by an
accurate survey of the property; (4) all outstanding
taxes, assessments, unpaid bills,
charges and expenses that constitute liens
against the property, whether due and payable
or not yet due and payable and matters
of record superior to the Security Deed first
set out above.
To the best of the undersigned's knowledge
and belief, the party in possession is
Charles S. Crosby and Pamela A. Crosby, a
tenant or tenants, or parties claiming under
the aforementioned and said property is more
commonly known as 1063 Comanche
Circle, Lincolnton, Georgia 30817.
The law firm is acting as a debt collector
attempting to collect a debt. Any information
obtained will be used for that purpose.
However, this is not for any purpose prohibited
by Title 11, USCS as amended.
Lendmark Financial Services, Inc.
as Attorney-in-Fact, for
Charles S. Crosby and Pamela A. Crosby
Gregory M. Eells
Attorney at Law
Eells & Allen, LLC
Suite 181 - The Oglethorpe Bldg.
2971 Flowers Road South
Atlanta, Georgia 30341
6 7 4tp

NOTICE OF SALE UNDER POWER IN
SECURITY DEED
STATE OF GEORGIA,
COUNTY OF LINCOLN.
On October 21, 2003, Tuyet Tieu, a/k/a
Tuyet T. Lam executed a Deed To Secure
Debt to Citizens Bank securing a note of
even date for Eighty Thousand Seven Hundred
Twenty-Seven and 92/100 Dollars
($80,727.92), said security deed being recorded
in deed book 138, pages 457-462,
Lincoln County Records. Said security deed
conveyed the property hereinafter described.
By virtue of the power of sale contained
in said security deed to Citizens Bank n/k/a
First Citizens Bank and Trust Company, Inc.,
there will be sold by the undersigned at public
outcry to the highest bidder for cash, before
the Lincoln County Courthouse door in Lincoln
County, Georgia, during the legal hours
of sale, being 10 a.m. until 4 p.m. Eastern
Time, on the first Tuesday in July the same
being July 3, 2007, the following described
property:
All that tract, lot or parcel of land situate,
lying and being in the 187th District, G.M. of
Lincoln County, Georgia, containing 1.23
acres, and being designated and distinguished
as Lot 48, Block A, of and in the Savannah
Bay Subdivision, and being more particularly
described by a Plat of Survey of said subdivision,
prepared by Randell E. Cook, R.L.S.
No. 2270, dated June 10, 2003, a copy of
which said Plat is of record in the Office of
the Clerk of Superior Court of Lincoln
County, Georgia in Plat Cabinet "A", Slide
137, Panels A&B, and to which plat and the
official record thereof reference is hereby
specifically made in aid of and for a more
complete and detailed description of said lot
as to its courses, bound, metes and distances.
Said property is conveyed subject to Savannah
Bay Subdivision Declaration of Covenants,
Conditions, Restrictions and Easements,
dated January 28, 2002, a copy of
which are recorded in Deed Book 123 at Page
496, Lincoln County Clerk's Office and Savannah
Bay Subdivision Amended Declaration
of Covenenats, Conditions, Restrictions
and Easements dated August 1, 2003, a copy
of which are recorded in Deed Book 136 at
Pages 500-524, Lincoln County Clerk's Office.

The debt secured by said security deed and
note has been and is hereby declared due and
payable because of default for non payment
as required by the note and security deed.
The debt having been declared due and payable
and remaining unpaid, and the terms in
the note and security deed remaining in default,
this sale will be made for the purpose of
paying the principal, accrued interest and
attorney's fees pursuant to the note and security
deed, plus all expenses of this sale.
Said property will be sold as the property
of Tieu Tuyet a/k/a Tuyet T. Lam and subject
to outstanding ad valorem taxes and/or
easements and/or restrictive covenants appearing
of record, if any. The undersigned
will comply with Georgia law, O.C.G.A. Section
44-14-162.2, prior to conducting the
sale.
The undersigned will execute a deed to the
purchaser at said sale as provided in the aforementioned
deed to secure debt to Citizens
Bank.
Dated this 10th day of May, 2007.
First Citizens Bank and Trust Company,
Inc.,
as successor by merger
to Citizens Bank
Attorney-in-fact for Tieu Tuyet
Janney E. Sanders
P. O. Box 1005
Toccoa, GA 30577
Attorney for First Citizens Bank and Trust
Company, Inc.
6 7 4tp
NOTICE OF SALE UNDER POWER
Whereas, on September 16, 1996, for
value received, Toland T. Wynn executed and
delivered to the United States of Ameri-ca,
acting through the United States Department
of Agriculture, a Deed to Secure Debt conveying
certain real estate located in Lincoln
County, Georgia, and said Deed to Secure Debt
was record-ed in the Office of the Clerk of
the Superior Court for Lincoln County, Georgia,
in Book # 93, Page# 828; and
Whereas, the United States of America
now holds the above described security deed
covering the said real estate; and
Whereas, the Deed to Secure Debt held by
the United States of America provides that
should default occur, the holder may declare
the entire indebtedness secured by the Deed
to Secure Debt due and payable and, in compliance
with the power of sale provisions
contained in said security deed proceed to
sell the property at public outcry; and
Whereas, after default, the United States
of America has declared all of the indebtedness
secured by the Deed to Secure Debt due
and payable and hereby certifies that it has
complied with all of its loan servicing regulations;

Now, therefore, the said United States of
America, acting as aforesaid, under and in
compliance with the power of sale provision
contained in the Deed to Secure Debt, will
proceed to sell at public outcry, for cash or
certified funds to the highest bidder in front
of the Courthouse in Lincoln County, during
the legal hours of sale, on the 3rd day of July
2007, the following-described property conveyed
in the Deed to Secure Debt, to Wit:
All that tract or parcel of land lying and
being within the 186th District, G. M., Lincoln
County, Georgia, fronting 98.61 feet on
the South side of S.R. # 47, containing .70
Acre, more or less, being bounded on the
North by State Road 47; East by lands of
Mary F. Murray; South by lands of Boyd Aycock
and West by lands of Ernest I. Guthrie,
as shown by plat dated July 26, 1996, prepared
by Johny Edmond Miller and recorded
in Plat Book 9, page 39, Clerk's recordss,
Lincoln Superior Court.
The above described property will be sold
subject to any and all outstanding real estate
taxes that are due and payable.

The failure of any high bidder to pay the
purchase price and close the sale shall, at the
option of the United States of America, be
cause for rejection of the bid, and, if the bid is
rejected, the United States of America shall
have the option of making the sale to the
next highest bidder who is ready, willing and
able to comply with the terms thereof.
The proceeds of said sale will first be applied
to the payment of the indebtedness to the
United States of America, other charges, and
the expenses of sale, as provided in the abovedescribed
Deed to Secure Debt.
This the 17th day of May 2007.
United States of America
Donnie D.
Thomas,
Acting State Director
Rural
Development, successor in interest
to the
Farmers Home Administration
and Rural Economic and Community
Development,
U.S. Department of Agriculture
6 7 4tc
NOTICE OF SALE UNDER POWER
GEORGIA, LINCOLN COUNTY
Whereas, heretofore, on January 19,
2001, Gregory Hall did make and execute to
Dew Land Development Company a certain
Security Deed covering the following described
property:
All that lot or parcel of land situate, lying
and being in the 183rd District, G.M., Lincoln
County, Georgia, containing 16.35 acres,
being designated as Lot No. 2 Four Corners
Subdivision on a plat of a portion of said
subdivision made from a survey by McGill
and Associates Land Surveyors, dated May
20, 1997, revised June 25, 1997, and recorded
in Plat Book B, at page 236 of the records in
the Office of the Clerk of Superior Court,
Lincoln County, Georgia.
Said property is conveyed subject to Protective
Covenants as the same pertain to the
entire Four Corners Subdivision recorded in
Deed Book 97, at pages 299-300 of the
records in the Office of the Clerk of Superior
Court, Lincoln County, Georgia.
The driveway leading from Colvin Road
to subject property is a part of the total acreage
conveyed herewith and is owned in fee
simple by the owner of Lot No. 2, and it is
the responsibility of the property owner to
maintain said driveway. Lincoln County,
Georgia, has no responsibility for the maintenance
of said driveway.
Whereas, said Security Deed was given to
secure a Note of even date therewith in the
amount of Forty-three thousand five hundred
and no/100 ($43,500.00) Dollars, all as
shown by said Security Deed recorded in the
office of the Clerk of Superior Court of Lincoln
County, Georgia, in Deed Book 115 at
pages 796-799; and,
Whereas, the said Note has become in default
as to the payment of installments due
thereon and the undersigned elects that the
entire Note, principal and interest, become
due and payable at once.
Now, therefore, according to the original
terms of said Security Deed and the laws in
such cases made and provided, the undersigned
will expose for sale to the highest and best
bidder for cash, the above described property,
after proper advertisement, on the first
Tuesday in July, 2007, between the legal hours
of sale, before the Courthouse door in Lincolnton,
Lincoln County, Georgia. The proceeds
from said sale will be used to pay the
costs and expenses of said sale, to pay the
indebtedness secured by said Security Deed
and to pay the surplus, if any, to the person
or persons legally entitled thereto.
Said sale shall be held subject to all unpaid
taxes, assessments and restrictions of record,
if any.
Notice has been given of intention to collect
attorney's fees in accordance with the
terms of the Note secured by said Security
Deed.
Said property will be sold as the property
of Gregory Hall, the property to the best
information, knowledge and belief of the
undersigned, being presently in the possession
of Gregory Hall. Said property being
more commonly known as Lot 2, Four Corners
Subdivision, Lincolnton, Lincoln
County, Georgia.
This 7th day of June, 2007.
This law firm is acting as a debt collector
attempting to collect a debt. Any information
obtained will be used for that purpose.
Dew Land Development Company,
as Attorney-in-fact of Gregory Hall
By: Robert E. Knox, Jr.
Its Attorney
Gregory Hall
By: Dew Land Development Compnay,
as Attorney-in-Fact
By: Robert E. Knox, Jr.
Its Attorney
Knox and Swan
P. O. Box 539
Thomson, Georgia 30824
6 7 4tc
INVITATION TO BID
Retaining wall and landscaping of
Middle School
The Lincoln County Board of Education
is currently seeking bids for the building of a
retaining wall and landscaping to the front
area of the Middle School.
Persons interested in information on this
project should contact Larry Rice, Director
of High/Middle School Maintenance, for
details.
Bid proposals will be accepted until 2:00
p.m., June 15, 2007 at which time all bids
will be made public. 5 10 6tc
INVITATION TO BID
Termite inspection, treatment and
repair of High School
The Lincoln County Board of Education
is currently seeking bids for the inspection
and repair for possible termite damage to the
High School.
Contact Larry Rice, Director of Maintenance
at 706-359-3121 for further details or
to inspect the buildings.
Bid proposals will be accepted until 2:00
p.m. Monday, June 15, 2007 at which time
all bids will be made public. 5 10 6tc
DEBTORS AND CREDITORS NOTICE
All creditors of the Estate of Genell P.
Dunsieth, 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 16th day of May, 2007.
Hoyt Dunsieth
1067 Whitstone Rd.
Lincolnton, GA 30817
5 24 4tp

NOTICE
Probate Court of Lincoln County
Re: Petition of Barney Bussey to probate
in solemn form the will of Wayne J. Hawes,
deceased, upon which an order for service
was granted by this court on May 2, 2007.
To: All interested parties and all and
singular the heirs of said decedent, and 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 June 11, 2007.
Be notified further: All objections to the
petition must be in writing, setting forth the
grounds of any such objections. All pleadings/
objections must be signed before a notary
public or before a probate court clerk, and
filing fees must be tendered with your
pleadings/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
held on June 14, 2007 at 10:30 a.m. If no
objections are filed, the petition may be
granted without a hearing.
Honorable Lee D. Moss
Probate Judge
By: Jaime Littleton
Clerk of the Probate Court
Post Office Box 205
Lincolnton, Georgia 30817
706-359-5528
Hammond & Hammond
Attorneys at Law, P.C.
Post Office Box 1137
Thomson, Georgia 30824
5 17 4tp
LINCOLN COUNTY BOARD OF
EDUCATION
OF LINCOLN COUNTY
Sealed proposals from Roofing Contractors
will be received by the Lincoln County
Board of Education at offices at 423 Metasville
Road, Lincolnton, Georgia 30817, until
3:00 p.m. prevailing time on, June 7, 2007,
locally for the construction of: Lincoln
County Elementary School, School Code
0176, Project No. LCES-R07, Re-roofing
Building Nos. 2010, 2011, 2020, 2030, and
2031, Lincoln County, Georgia.
The bidders' primary location must be
within 100 miles of this project.
At the time and place noted, the bids will
be publicly opened and read. No extension of
the bidding period will be made.
Bidding documents may be obtained at the
Office of the Architect, Hughes/Beattie/
O'Neal/Law & Associates, P.C., Architects
AIA, 1201 Broad Street, Suite 2A, Augusta,
Georgia 30901. Applications for documents
together with a deposit of $50.00 per set
should be filed promptly with the Architect.
Bidding material will be forwarded; shipping
charges collect, as soon as possible. The full
amount of deposit for one set will be refunded
to each prime contractor who submits
a bona fide bid upon return of such set in
good condition within 10 days after date of
opening bids. All other deposits will be refunded
with deductions approximating cost
of reproduction of documents upon return of
same in good condition within 10 days after
date of opening bids.
Contract, if awarded, will be on a lumpsum
basis. No bid may be withdrawn for a
period of 35 days after time has been called
on the date of opening.
Bids must be accompanied by a Bid Bond
in an amount not less than 5% of the Base
Bid. The successful bidder will be required to
furnish Performance and Payment Bonds in
an amount equal to 100% of the contract
price.
The owner reserves the right to reject any
and all bids and to waive technicalities and
informalities.
Bids shall be submitted and addressed to:
Lincoln County Board of Education, 423
Metasville Road, P.O. Box 39, Lincolnton,
Georgia 30817, Attention: Dr. Randall Edmunds,
Superintendent. 5 10 5tc

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