Legals

IN THE PROBATE COURT OF FANNIN COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF Calvin Lee Buttram,
DECEASED
ESTATE NO. 20-103
PETITION FOR LETTERS OF ADMINISTRATION
NOTICE
To whom it may concern:
Winston Buttram has petitioned to be appointed Administrator of the estate of Calvin Lee Buttram, 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 objection 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 10:00 A.M., October 12th, 2020.
BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth the grounds of any such objections. All objections must 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 personal 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.
R. Scott Kiker
Judge of the Probate Court
By: Jennifer Falls
Clerk of the Probate Court
400 West Main Street, Suite 204
Blue Ridge, GA. 30513
(706) 632-3011
Sept. 16-Oct. 7
#598664

Notice of Public Auction
A&G Storage Solutions
In accordance with Georgia's Lien Code, the following self-storage unit will be sold at Auction to enforce A&G Storage Solution's Lien: Corey Yahnert- Unit 24
The self-storage units generally contain household items, furniture, and boxes unless otherwise noted. The auction will take place online at www.storageauctions.com<http://www.storageauctions.com>.
Final bids must be submitted prior to the auction close October 2th, 2020 @ 10:00 am. A&G Storage reserves the right to withdraw a self-storage unit from the auction at any time.
All sales are final. For additional information, a complete listing of sale terms and conditions may be found at A&G Storage, Blue Ridge, Georgia .
Sept. 16-23
#598697

INVITATION TO BID
Fannin Co. Water Authority will construct a Waterline Extension To Serve Deer Hunter and Dry Branch Road. Sealed bids for materials will be received until Friday, October 9, 2020 at 11:00 a.m. at the Fannin County Courthouse, 400 West Main Street (Commissioners' Meeting Room), Blue Ridge, GA 30513, at which time and place they will be publicly opened and read. Any proposal received after said time and date will not be considered by the Owner. No bid may be withdrawn after the closing time for the receipt of bids for a period of sixty (60) days.
Vendor to supply waterworks materials directly to the Authority. Materials to include approximately 5,040 LF of 8" PVC water main, 3,020 LF of 6" PVC water main, 40 LF of 6" DI water main, 300 LF of 2" PVC water main, 2" brass water main, two jockey pumps, a check valve, fire hydrants, post hydrants, a 2" flushing assembly, gate valves, and any other miscellaneous parts necessary for the Authority to complete the project. Funding provided in part or whole by SPLOST.
Plans and Standard Specifications will be available for public viewing at the Fannin County Water Authority office. However, bidders must be registered as having obtained bid documents from CARTER & SLOOPE, INC., 115 Woodland Way, Suite 120, Canton, GA 30114, Phone: (770) 479-8782, Fax: (770) 479-1884, upon payment of $80.00 (non-refundable).
Prequalification may be required of Bidders prior to the award of contract. At the Owner's request, detailed written evidence such as financial data, bonding capacity, previous experience, present commitments, and other such data as may be necessary to assist Owner in determining Vendor's qualifications.
Owner reserves the right to waive any informality, reject any or all Bids, including without limitation, the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project due to lack of Bidder qualifications, financial capacity, or any other pertinent criteria established by the Owner.
FANNIN COUNTY WATER AUTHORITY
Represented By: Mrs. Anita Weaver
Chairwoman
Sept. 9, 23
#597458

IN THE SUPERIOR COURT OF FANNIN COUNTY
STATE OF GEORGIA
In re the Name Change of:
Debra Kay Banks, Petitioner
Civil Action Case Number: 2020-V-297
NOTICE OF PETITION TO CHANGE NAME OF ADULT
Debra Kay Banks filed a petition in the Fannin County Superior Court on September 1, 2020, to change the name from: Debra Kay Banks to Debra Kay Savage.
Any interested party has the right to appear in this case and file objections within 30 days after the Petition was filed.
Dated: 8/25/2020
Debra Kay Banks
Petitioner, Pro se
926 Industrial Park Rd
Blue Ridge, GA 30513
Sept. 9-30
#597259

NOTICE OF SALE UNDER POWER, FANNIN COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by John Francis Ceriello to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Renasant Bank, its successors and assigns dated 3/14/2019 and recorded in Deed Book 1287 Page 515 Fannin County, Georgia records; as last transferred to or acquired by Renasant Bank, conveying the after-described property to secure a Note in the original principal amount of $422,497.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Fannin County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on October 6, 2020 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NO. 106 OF THE 8TH DISTRICT, 1ST SECTION OF FANNIN COUNTY, GEORGIA, BEING MORE PARTICULARLY DESCRIBED AS LOT NO. 38, CONTAINING 1.49 ACRES, OF THE HIGHLANDS, PHASE TWO, AS SHOWN ON A PLAT OF SURVEY DATED NOVEMBER 28, 2008, PREPARED BY ROBERT J. BREEDLOVE, G.R.L.S.NO. 2228, AND RECORDED IN PLAT HANGER E-201, PAGES 1-3, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY, GEORGIA. REFERENCE IS HEREBY MADE TO SAID RECORDED PLAT OF SURVEY FOR THE PURPOSE OF INCORPORATING SAME HEREIN AND FOR A MORE COMPLETE METES AND BOUNDS DESCRIPTION OF THE PROPERTY HEREIN DESCRIBED.
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 the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
Said property is commonly known as 30 Lenox Trce, Mineral Bluff, GA 30559 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Estate/Heirs of John Ceriello or tenant or tenants.
Cenlar FSB is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
Cenlar FSB
Mortgage Servicing Representative
425 Phillips Boulevard
Ewing, NJ 08618
customerservice@loanadministration.com
1-800-223-6527
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
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) 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, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
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 non-judicial 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 immediately above.
Renasant Bank as agent and Attorney in Fact for John Francis Ceriello
Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637.
1010-1716A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1010-1716A
Sept. 9-30
#597422

NOTICE OF SALE UNDER POWER
COUNTY OF FANNIN
STATE OF GEORGIA
Under and by virtue of the power of sale contained in that certain Security Deed dated September 12, 2008 from Donald H. Petty (collectively, "Debtor" or "Grantor") granting Citifinancial Services, Inc. ("Original Lender") a security interest in that certain real property known as 63 Old Hollow Road, Blue Ridge, Georgia 30513, as more particularly described therein (the "Property"), recorded on October 21, 2008 at Deed Book 864, Page 161, Fannin County, Georgia records, (the "Security Deed") as subsequently assigned to Citifinancial Servicing, LLC ("CF") via that certain Assignment of Security Deed recorded at Deed Book 1183, Page 635, Fannin County, Georgia records ("First Assignment of Security Deed") and as subsequently assigned to Bayview Loan Servicing, LLC ("Bayview Loan"), pursuant to that certain Assignment of Security Deed recorded at Deed Book 1197, Page 557, Fannin County, Georgia records ("Second Assignment of Security Deed"), and as subsequently assigned to Bayview Dispositions IVA, LLC ("Bayview Dispositions") pursuant to that certain Corporate Assignment of Mortgage/Security Deed recorded at Deed Book 1357, Page 402, Fannin County, Georgia records ("Third Assignment"), and as subsequently assigned to Linear Mortgage, LLC ("Linear" or "Lender") pursuant to that certain Corporate Assignment of Mortgage/Security Deed dated May 29, 2019 recorded on July 16, 2020, Deed Book 1357, Page 405, Fannin County, Georgia records ("Linear Assignment") which secures that certain promissory note dated September 12, 2008 from Grantor to Original Lender, as subsequently assigned to Linear, in the original principal amount of $157,854.93, with interest from the date thereof at the rate specified therein, as previously or subsequently amended, modified or replaced ("Note"), there will be sold at public outcry by Linear as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Fannin County, Georgia, on October 6, 2020 the following described land, improvements and appurtenances (hereinafter collectively referred to as the "Premises") to wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 44 AND 65 OF THE 7TH DISTRICT, 2ND SECTION, FANNIN COUNTY, GEORGIA, AS PER PLAT RECORDED IN PLAT BOOK 6, PAGE 108, FANNIN COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART HEREOF BY
REFERENCE.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed. The Debtor has been notified of the same, pursuant to O.C.G.A. . 44-14-162.2.
The Premises will be sold on an "as is, where is" basis without recourse against Linear or its auctioneer or other agents and without representation or warranty of any kind or nature whatsoever by Linear or its auctioneer or other agents with respect thereto. All persons attending the sale will be given an opportunity to bid on a competitive basis. Linear may offer the Property for sale, may adjourn and withdraw the sale and recommence the sale in its discretion. Linear reserves the right, in its discretion, to reject any and all bids that do not meet its minimum reserve price.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys' fees (notice of intention to collect attorneys' fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed.
The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
The name, address and telephone number of the individual or entity who has full authority to negotiate, amend and modify all terms of the mortgage with the debtors is:
Linear Mortgage, LLCc/o Jason Crawford
1970 Main StreetSuite 201Sarasota, FL 34236(877)-215-2507
Nothing herein, however, shall obligate Linear to negotiate, amend or modify the terms of the mortgage or loan.
To the best of the undersigned's knowledge and belief, the owner of the Premises is Kam Properties Fannin, LLC and the party or parties in possession of the Premises are the Kam Properties Fannin, LLC or tenants of Kam Properties Fannin, LLC.
Linear Mortgage, LLC
As Attorney-in-Fact for
Donald H. Petty and The Estate of Donald H. Petty
Beth E. Rogers, Esq.
ROGERS LAW OFFICES
The Equitable Building
100 Peachtree St., Ste. 1950
Atlanta, GA 30303
(770) 685-6320 phone
(678) 990-9959 fax
Sept. 9-30
#597394

NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF FANNIN
Because of a default in the payment of the indebtedness evidenced by the Note (as hereinafter described), secured by a Deed to Secure Debt from William F. Bandy (hereinafter referred to as "Grantor") to Appalachian Community Bank dated October 24, 2008, filed for record in Deed Book 867, Page 13, in the Office of the Clerk of the Superior Court of Fannin County, Georgia (the "Security Deed"), the undersigned, Peoples Bank of East Tennessee, as successor-in-interest to Appalachian Community Bank, pursuant to said Security Deed and that certain Promissory Note from William F. Bandy to Peoples Bank of East Tennessee dated December 31, 2019 in the original principal amount of $228,708.41 (the "Note") has declared the entire amount of said indebtedness due and payable. Therefore, pursuant to and by virtue of the power of sale contained in the Security Deed, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door on the courthouse steps at Fannin County, Georgia, within the legal hours of sale on the first Tuesday in October, 2020, the following described property:
All that tract or parcel of land lying and being in 8th District and 2nd Section of Fannin County, Georgia, and being a part of Land Lot No. 241 and being more particularly described as follows:
BEGINNING at an iron pin located on the Northern right-of-way margin of the paved country road located in the Fannin County Industrial Development Park that is designated as Park Road, said iron pin being the Southwest corner of the property designated as Tract No. 8, herein conveyed, and the Southeast corner of the property designated as Tract No. 7, said iron pin being located North 55 deg 24' West a distance of 275.51 feet from the point of intersection of the centerline of Park Road and the centerline of the road designated as Farm Road; thence North 27 deg 20' East a distance of 255.51 feet to an iron pin located on or near the Southern margin of an old road; thence continuing North 27 deg 20' East a distance of 7.10 feet to a stake located in the center of the aforesaid old road, said stake being the Northwest corner of the property designated as Tract No. 8, herein conveyed, and the Northeast corner designated as Tract No. 7; thence in a Southeasterly direction and thence in a Northeasterly direction and thence Southeasterly direction along and with the centerline of the aforesaid old road to an iron pin located at the point of intersection of the centerline of the aforesaid old road and the Western right-of-way margin of the CNX Railroad (formerly the right-of-way of the L & N Railroad); thence in a Southwesterly direction along and with the Western right-of-way margin of the aforesaid railroad to an iron pin located at the point of intersection of the Western right-of-way margin of the aforesaid railroad and the Northern right-of-way margin of Park Road; thence in a Northwesterly direction along and with the Northern right-of-way margin of Park Road to the point of beginning, together with all fixtures and personal property attached to and constituting a part of said property, and replacements and additions.
The above-described property is designated as Tract No. 8 and Tract No. 9 in the Fannin County Industrial Development Authority.
This being the same property conveyed unto William F. Bandy by Warranty Deed from Fannin County Industrial Development Authority, dated April 30, 1996, and recorded May 7, 1996 in Deed Book 245, Page 135, in the Office of the Clerk of Superior Court for Fannin County, Georgia.
TOGETHER WITH all of the buildings, building materials, fixtures and improvements on, in and to the property and all easements, rights, rents, royalties, mineral, oil and gas rights, profits and water rights.
The indebtedness secured by the Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness when due and in the manner provided in the Note. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale, and all other payments provided for under the Security Deed, including permitted attorneys' fees as provided in the Note and Security Deed, notice of intention to collect attorneys' fees and expenses of the foreclosure having been given as provided by law and as provided by the terms of the Security Deed; and the remainder, if any, shall be applied as provided by law.
To the best knowledge and belief of the undersigned, William F. Bandy is in possession of said property. Said property will be sold subject to any prior restrictive covenants, easements, rights-of-way, valid zoning ordinances, matters which would be disclosed by an accurate survey of the property or by an inspection of the property, and any liens or encumbrances superior to the Security Deed first set out above, and subject to all outstanding taxes, assessments, water, waste, and utility bills which may constitute a lien against said property, whether due and payable or not yet due and payable. This sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed. Pursuant to O.C.G.A. . 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial 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 immediately above.
The following information is being provided in accordance with O.C.G.A. . 44-14-162.2. Peoples Bank of East Tennessee hereby notifies Grantor that Peoples Bank of East Tennessee remains the holder of the security interest set forth in the Security Deed. Grantor may communicate with The Peoples Bank of East Tennessee by contacting Mr. Doug Richesin, Peoples Bank of East Tennessee, P. O. Box 128, Madisonville, Tennessee 37354, or by telephone at (423) 337-6400. Mr. Richesin has full authority to negotiate, amend, and modify all terms of the Security Deed with Grantor. O.C.G.A. . 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument".
PEOPLES BANK OF EAST TENNESSEE,
as Attorney-in-Fact for WILLIAM F. BANDY
By: Thomas E. Austin, Jr.,
Attorney for Peoples Bank of East Tennessee
Thomas E. Austin, Jr., LLC
2625 Piedmont Road, N.E.
Suite 56-330
Atlanta, Georgia 30324-3086
(404) 814-3755
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Sept. 9-30
#597204

NOTICE TO DEBTORS AND CREDITORS
State of Georgia
County of Fannin
All creditors of the estate of James M. Haymore III, deceased, late of Fannin County, Georgia, are hereby notified to render in their demands against said estate to the undersigned, and all persons indebted to said estate are required to make immediate payment to the undersigned.
This the 24th day of August, 2020.
James M. Haymore IV
4614 Buckhorn Circle
Gainesville, GA 30596
Sept. 2-23
#596058

SUPERIOR COURT OF FANNIN COUNTY
STATE OF GEORGIA
In re the Name Change of:
James Pinsan aka Pinsan, Petitioner
Civil Action File No: SUV2020000270
NOTICE OF PETITION TO CHANGE NAME OF ADULT
James Pinsan aka Pinsan filed a petition in the Superior Court of Fannin County on 08/13/2020, to change the name from: James Pinsan aka Pinsan to James Cleveland Pinson.
Any interested party has the right to appear in this said case and file objections within 30 days after the Petition was filed.
Dated: 08/20/2020
Sept. 2-23
#595711

IN THE PROBATE COURT OF FANNIN COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
Sandra Kaye Thompson
MISSING INDIVIDUAL
ESTATE NO.20-87
PETITION FOR PRESUMPTION OF DEATH
OF MISSING INDIVIDUAL BELIEVED TO BE DEAD
NOTICE OF HEARING
A Petition for presumption of death of the above-named missing individual believed dead, has been filed by Wanda McCormick.
Notice is hereby given that at 10 a.m. on the 8th day of October, 2020, evidence will be heard by the Probate Court concerning the alleged absence of said missing individual and the circumstances and duration thereof. The missing individual, if alive, or any other individual having evidence that the missing individual is alive, is required to produce and present to the Court evidence that the missing individual is still alive.
This the 21st day of August, 2020.
R. Scott Kiker
Judge of the Probate Court
By: Jennifer Falls
Clerk of the Probate Court
Sept. 2-23
#596056