LEGALS

2009-05-28 / Public Notices


VARIANCE REQUEST
The Lincoln County Planning Commission
will hold its regularly scheduled meeting in the
Planning and Zoning Conference Room located
across from the Lincoln County Courthouse at
107 Perryman Avenue, Lincolnton, Georgia on
June 8, 2009 at 5:30 p.m. at which time request
will be made for a lot area/plat approval variance
at property located on Tabernacle Church
Road known as Tax Map 11/Parcel 017.
Said property being owned by Charleston
Bay, LLC located on Tabernacle Church Road.
Bound on the North by lands of Harold E. and
Mildred Hallford, Joe W. and Hazel S. Lunsford
and Buck Drive; bound on the East by lands of
Tabernacle Church Road; south by lands of
Andrea Prater and West by lands of the United
States Corp. of Engineers. The property's total
area is approximately 79.45 acres.
Documents can be viewed at Lincoln County
Department of Planning & Zoning during normal
business hours. Individuals with questions
may call 706-359-5522.
The Lincoln County Board of Commissioners
will act on the recommendation during their
regularly scheduled meeting on June 11, 2009
at 6:00 p.m. 5 28 2tc
SPECIAL USE REQUEST
The Lincoln County Planning Commission
will hold its regularly scheduled meeting in the
Planning and Zoning Conference Room located
across from the Lincoln County Courthouse at
107 Perryman Avenue, Lincolnton, Georgia on
June 8, 2009 at 5:30 p.m. at which time a request
for a special use permit will be made for
property located at 2213 Augusta Hwy. known
as Tax Map 46/Parcel 024B.
The primary purpose of the hearing is for a
special use permit for approximately 3.02 acres
in A-2 Zoning District to conduct an assisted
living facility requested by Nellie McGee. Said
property being owned by Annette Johnson located
at 2213 Augusta Hwy. Being bound on
the North by GA Hwy. 47; bound on the East by
lands of Johnson's Small Engine Service; bound
on the South by lands of William C. Howard
and on the West by lands of J.M. Polard, Jr.
Documents can be viewed at Lincoln County
Department of Planning & Zoning during normal
business hours. Individuals with questions
may call 706-359-5522.
The Lincoln County Board of Commissioners
will act on the recommendation during their
regularly scheduled meeting on June 11, 2009
at 6:00 p.m. 5 28 2tc
NOTICE
Georgia, Lincoln County Probate Court
The petition of Patsy M. Partridge, for a year's
support from the estate of Harry Partridge, 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 June 22, 2009, 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 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 scheduled at a later
date. If no objections are filed, the petition may
be granted without a hearing.
Lee D. Moss, Probate Judge
By: Deborah S. Pruett, Probate Clerk/Deputy
Clerk
P.O. Box 205
Lincolnton, Georgia 30817
706-359-5588
5 28 4tp
NOTICE OF SALE UNDER POWER
GEORGIA, LINCOLN COUNTY
By virtue of the power of sale contained in
that certain Deed to Secure Debt from Kathy
M. Moore to Farmers State Bank, dated January
4, 2008, and recorded in Deed Book 185,
pages 828-833, Lincoln County, Georgia
records, said Deed to Secure Debt having been
given to secure a Note dated January 24, 2008,
in the original principal sum of Forty Six Thousand
One Hundred Fifty and 00/100 Dollars
($46,150.00), with interest from date at the rate
stated in said Note on the unpaid balance until

paid, there will be sold by the undersigned at
public outcry to the highest bidder from cash
before the Courthouse door at Lincoln County,
Georgia, within the legal hours of sale on the
first Tuesday in June, 2009, the property described
on Exhibit "A" attached hereto and incorporated
herein by reference. The debt secured
by said Deed to Secure Debt 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 attorney's fees.
Said property will be sold as the property of
Kathy M. Moore, subject to a prior deed to secure
debt in favor of Farmers State Bank dated
January 24, 2008, recorded in Deed Book 185,
pages 828-833, aforesaid
records, to the outstanding ad valorem taxes
and / or assessments, if any, and all easements
and restrictions of record, if any, having priority
over this Deed to Secure Debt.
EXHIBIT "A"
Legal Description, from Security Deed of
Property located at 2585 Martin Bentley Road,
Lincolnton, Lincoln County, Georgia 30817.
All that tract or parcel of land, with any and
all improvements thereon, situate, lying and
being in the 184TH District G.M., Lincoln
County, Georgia, and in the 177TH District,
G.M. Wilkes County, Georgia containing 44.97
acres, more or less, being known and designated
as Lot No. 2 on a plat of said land made
from a survey by Randell E. Cook, Georgia
R.L.S. No. 2270, dated October 27, 1995 and
revised December 14, 2001, and recorded in
Plat Cabinet A, Slide 126, Panel D of the
records in the Office of the Clerk of Superior
Court, Lincoln County, Georgia, and which plat
and the recording thereof are incorporated
herein by reference as a part of this description.

Farmers State Bank
As Attorney in Fact for
Kathy M. Moore
Britt Hammond
Hammond & Hammond
Attorneys at Law, P.C.
Post Office Box 1137
Thomson, Georgia 30824
5 7 4tc
NOTICE TO DEBTORS
AND CREDITORS
All creditors of the Estate of John
Hasselberger, III late of Lincoln County, Georgia,
deceased, are hereby notified to render their
demand to the undersigned according to law,
and all persons indebted to said estate are required
to make immediate payment.
This 16th day of April, 2009.
Mrs. Virginia Skinner
Administratrix with the will annexed
Kopecky & Roberts
P.O. Box 128
Washington, GA 30673
5 7 4tc
NOTICE OF SALE UNDER POWER
Georgia, Lincoln County
By virtue of a Power of Sale contained in
that certain Security Deed from Patrick E.
Keller to Branch Banking and Trust Company,
dated August 25, 2006, recorded September 8,
2006, in Deed Book 167, Page 244, Lincoln
County, Georgia Records, said Security Deed
having been given to secure a Note of even date
in the principal amount of FIFTY THREE
THOUSAND NINE HUNDRED TEN DOLLARS
AND NO CENTS ($53,910.00), 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 2009, all
property described in said Security Deed including
but not limited to the following described
property:
All that tract or parcel of land lying and being
in the 188th district, G.M., Lincoln County,
Georgia, designated as Lot 1S of Pointe Shores
Subdivision, containing 3.67 acres, more or
less, as shown by Plat and survey entitled "Final
Subdivision Plat for Pointe Shores", prepared
by Mattison & Associates Land Surveyors,
certified by James F. Mattison, GRLS NO.
2701, dated May 30, 2006 and recorded in Plat
Cabinet A, Page 161, Lincoln County, Georgia
records; which plat and the recording thereof
are hereby incorporated herein by reference for
a more detailed description of the property.
Subject to restrictions dated June 15, 2005 and
recorded in Deed Book 163, Page 85, aforesaid
records.
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 he 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
attorneys' 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 Patrick E. Keller or tenant(s). 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 Security Deed.
This law firm is attempting to collect a debt.
Any information obtained will be used for that
purpose.
Branch Banking and Trust Company
as Attorney in Fact for
Patrick E. Keller
Contact: Patrick J. Geheren, Esq.,
1535 Mount Vernon Road,
Atlanta, GA 30338
5 7 4tc
NOTICE OF SALE UNDER POWER
Georgia, Lincoln County
This law firm is acting as a debt collector
attempting 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 Michael
Clay and Nancy Clay to Bank of America, N.A.,
dated September 27, 2006, recorded in Deed
Book 169, Page 272, Lincoln County, Georgia
Records, conveying the after-described property
to secure a Note in the original principal
amount of TWO HUNDRED SIXTY-NINE
THOUSAND ONE HUNDRED EIGHTYONE
AND 0/100 DOLLARS ($269,181.00),
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 Lincoln
County, Georgia within the legal hours of
sale on the first Tuesday in June, 2009, the following
described property: All that tract or parcel
of land lying and being in the 188th G.M.D.
of Lincoln County, Georgia, and being more
particularly described as Lot 149, Stillwater
Coves Subdivision, Phase I, as per Plat thereof
recorded in Plat Cabinet A, Slide 163-164,
Panel A, Lincoln County, Georgia Records,
which recorded Plat incorporated herein by reference
and made a 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 of intent to collect attorneys
fees having been given).
Bank of America can be contacted at 800-
285-6000 or by writing to 475 Crosspoint Parkway,
Getzville, NY 14068, to discuss possible
alternatives to 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 Michael Clay and Nancy Clay or a tenant
or tenants and said property is more commonly
known as 149 Stillwater Cove, Lincolnton,
Georgia 30817.
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 security deed.
Bank of America, N.A.
as Attorney in Fact for
Michael Clay and Nancy Clay
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
www.msplaw.com/foreclosure_sales.asp
MSP/ske 6/2/09
Our file no. 1252609-FT8
5 7 4tc
NOTICE OF SALE UNDER POWER
Georgia, Lincoln County
Because of default in the payment of the indebtedness,
secured by a Security Deed executed
by Dora A. Sparks and Joel R. Sparks
to Mortgage Electronic Registration Systems,

Inc. dated May 3, 2006 in the amount of
$131,720.00, and recorded in Deed Book 161,
Page 598, Lincoln County, Georgia Records;
as last transferred to Mortgage Electronic Registration
Systems, Inc. by assignment; the undersigned,
Mortgage Electronic Registration
Systems, Inc. pursuant to said deed and the 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 of June, 2009,
during the legal hours of sale, at the Courthouse
door in Lincoln County, sell at public outcry to
the highest bidder for cash, the property described
in said deed 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 5, containing
5.21 Acres, County, Georgia in Plat Book
at Page 236; reference is hereby made to said
plat for a more complete and accurate description
as to metes, bounds and location of said
property.
This property is conveyed subject to Protective
Covenants recorded in said Clerk's in
Deed Book 97, Pages 299-300.
Which has the property address of 1144
Colvin Kennedy Rd., Lincolnton, Georgia,
together with all fixtures and other personal
property conveyed by said deed.
The sale will be held subject to any unpaid
taxes, assessments, rights-of-way, easements,
protective covenants or restrictions, liens, and
other superior matters of record which may affect
said property.
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 security deed.
Notice has been given of intention to collect
attorneys' fees in accordance with the terms
of the note secured by said deed.
Said property will be sold as the property of
Dora A. Sparks and Joel R. Sparks and the proceeds
of said sale will be applied to the payment
of said indebtedness, the expense of said
sale, all as provided in said deed, and the undersigned
will execute a deed to the purchaser
as provided in the aforementioned Security
Deed.
This law firm is acting as a debt collector
and is attempting to collect a debt. Any information
obtained will be used for that purpose.
Mortgage Electronic Registration Systems,
Inc.
Attorney in fact for
Dora A. Sparks and Joel R. Sparks
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
www.mccurdycandler.com
File No. 09-00465/FHA
5 7 4tc

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