Entries by Matt Gardner

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 that certain Deed to Secure Debt from Byron Hilton Hall, a/k/a B. H. Hall, Jr., to Alma Exchange Bank & Trust, dated April 16, 2002, recorded in Deed Book 361, Page 54, in the Public Records of Appling County, Georgia, said Deed to Secure Debt dated April 16, 2002 in the original principal sum of One Hundred Twelve Thousand Sixty dollars and 04/100 ($112,060.04), 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 for cash before the Courthouse door at Appling County, Georgia, within the legal hours of sale on the first Tuesday in March 2012, 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 (notice of intent to collect attorney's fees having been given).
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 maters of record superior to the Contract for Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is B. H. Hall, Jr. or a tenant or tenants.
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 Contract for Deed.
ALMA EXCHANGE BANK & TRUST
Attorney-in-Fact for
B. H. Hall, Jr
a/k/a Byron Hilton Hall
Jennifer Ellis Carver
Attorney for Alma Exchange Bank & Trust
409 W. 16th Street
P. O. Box 785
Alma, Georgia? 31510
(912) 632-6812
EXHIBIT A
TRACT ONE:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 20.09 acres, more or less, of Original Land Lot No. 304 and bound as follows: North by land of James Williams and by lands of Byrom H. Hall, Jr.; East by land of Byrom H. Hall, Jr.; Southeast by lands of Betty C. Davis designated as Tract 2, on the hereinafter described plat; and West by Original Land Lot line of said lot.? Said tract of land being more fully described as follows:? COMMENCING at the Southwest corner of Original land lot No. 304 and from said point of commencement, run North 1 degree, 43 minutes East along the West line of said land lot a distance of 2,254.64 feet thence run South 88 degrees 24 minutes 40 seconds East a distance of 174.50 feet; thence run South 1 degree, 43 minutes West a distance of 1,405.75 feet; thence run South 89 degrees, 31 minutes, 30 seconds East a distance of 820.32 feet; thence run South 0 degrees West a distance of 410 feet; thence run South 67 degrees 17 minutes 38 seconds West a distance of 1,105.86 feet, to the point of beginning.? Being designated as Tract 1 on a survey and plat thereof by Denean W. Dixon & Associates, surveyors dated March 14, 1977, and a copy of the same being of record in Office, Clerk of Superior Court, Appling County, Georgia, Plat book 8, Page 212.
TRACT TWO: All that tract or parcel of land lying and being in the Second land District of Appling County, Georgia, consisting of 27.97 acres, more or less of original land lot No. 304, and bound as follows:? North by land of James Williams; East by a public road; South and West by land formerly owned by Betty C. Davis. Said land being more fully described as follows:? To locate the commencement point start at the South-west corner of Original land lot No. 304 and run North 1 degree 43 minutes East a distance of 2254.64 feet; thence South 88 degrees 24 minutes 40 seconds East a distance of 174.50 feet, to the POINT OF COMMENCEMENT, and from said POINT OF COMMENCEMENT run South 88 degrees, 24 minutes, 40 seconds East a distance of 717.23 feet, to the Westerly right of way line of a public road; thence turn and run South 10 degrees, 57 minutes, 20 seconds East along the West right of way line of said road for a distance of 1416.62 feet; thence turn and run North 89 degrees, 41 minutes, 30 seconds West a distance of 1028.32 feet; thence turn and run North 1 degree, 43 minutes East a distance of 1405.75 feet to the point of beginning.? Said tract of land being more particularly described according to a survey and plat thereof by Denean W. Dixon & Associates, Surveyors, dated April 27, 1976, and recorded in deed records of Appling County, Georgia, Plat Book 8, Page 152.
LESS AND EXCEPT:? 97 acres, more or less, described in that Warranty Deed dated March 25, 1981 from B.H. Hall, Grantor, to Johna Livingston, Grantee, recorded in the office of the Clerk of Superior Court, Appling County, Georgia, in Deed Book 194, Page 588, said Deed and the designation being incorporated herewith by reference.
Including all improvements and fixtures located thereon and attached to said property.
2-8, 2-15, 2-22 & 2-29ch

ROXIE LITTON has petitioned to be appointed Administratrix of the Estate of RONNIE A. LITTON, 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. Section 53-12-232.) 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 the 5th day of March at 10:00 A.M. 2012. If no objections are filed, the Petitioner may be granted without a hearing.
Diane Hallman
Judge of the Probate Court
36 S. Main Street, Baxley, Georgia 31513
(912) 367-8114
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Pursuant to the Power of Sale contained in a certain Deed to Secure Debt from SAMUEL CLAY BEASLEY in favor of SOUTH GEORGIA BANK , dated August 26, 2008 and recorded in Deed Book 449, page 750, Appling County, Georgia Records, the undersigned having declared the entire indebtedness due under said Deed to Secure Debt by reason of a default in the payments due thereunder, will sell at public outcry before the Courthouse Door in said County, on the first Tuesday in March, 2012, during the legal hours of sale, to the highest bidder for cash, the following described property, to wit:
All t hat certain tract or parcel of land, together with improvements thereon, lying, situate and being in Land Lot 530, Second land District, Appling County, Georgia, containing 8.957 acres, more or less, and being shown and designated as Tract 1 upon a plat of survey prepared by M. Jerry Tomberlin, Jr., Surveyor, dated February 29, 2008, recorded in Plat Book 19, page 86, Appling County, Georgia Records, specific reference to which is made a part of this description.
Also: One 1997 Homestead Mobile Home, Model Southern, 28'x60', VIN #HMST12011ABGA, located upon, permanently attached to and made a part of the real estate.
Said property will be sold as the property of SAMUEL CLAY BEASLEY, subject to all taxes, assessments, easements and restrictions, if any, and the proceeds derived from said sale applied as provided in said Deed to Secure Debt.
South Georgia Bank
Attorney in fact for
Samuel Clay Beasley
Post Office Box 100
Glennville, Georgia 30427
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All creditors of the Estate of DOLLIE THORNTON SAPP, late of Appling County, Georgia, deceased, are hereby notified to render in their demands to the undersigned according to law; and all persons indebted to said estate are required to make immediate payment to said estate.
This 8th day of February, 2012.
PRESTON THORNTON
EXECUTOR/ADMINISTRATOR
180 N. HIGHWAY 121
SURRENCY, GA 31563
912-347-2354
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The State Board of Education will hold a public hearing for citizens in the First Congressional District on Tuesday, February 28, 2012. The meeting will be held from 7:00 8:00 p.m. at the Bacon County Board of Education, 102 West 4th Street, Alma, GA 31510.
The purpose of the hearing is to receive comments from citizens and educators regarding public education in the district. Mrs. Linda Zechmann will conduct the hearing.
Persons wishing to speak should sign in upon arrival. For more information please contact Mrs. Brenda Turner 404-657-7410.
The Georgia Department of Education does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services or activities. Individuals who need assistance or auxiliary aids for participation in this public forum are invited to make their needs known to Mrs. Brenda Turner at (404) 657-7410, no later than 72 hours before the scheduled event.
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All creditors of the estate of EDNA O. LEE, deceased, late of Appling County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the estate.
This 24th day of January, 2012.
WAYNE F. LEE AND EDSEL B. LEE,
EXECUTORS OF THE LAST WILL AND
TESTAMENT OF EDNA O. LEE,
DECEASED
c/o E. PRESTON JOHNSON, JR.
ATTORNEY AT LAW
P. O. BOX 304
BAXLEY, GA 31515
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All creditors of the Estate of EDWIN LAMB, deceased, late of Appling County, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
February 8, 2012.
SHIRLEY B. LAMB, Executrix of the Estate of EDWIN LAMB, deceased
Wm. Terry Turner
P. O. Box 328
Baxley, GA 31515
912-367-0311
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Notice is hereby given that the business operated at 1281 Blackshear Highway, SE, Baxley, Appling County, Georgia, 31513, in the trade name of Fastrac is now owned and carried by Nishu, Inc., a Georgia Corporation, who╒s address is 703 Gordon Street, Blackshear, Georgia 31516, and the statement relating thereto required by O.C.G.A. ñ10-1-490, has been filed with the Clerk of the Superior Court of Appling County, Georgia. The previous owner of said business at said address was Bruce E. Butler.
NISHU, INC.
BY N.R. PATEL
NARMADABEN R. PATEL, PRESIDENT
Lamar A. Elder, Jr.
Attorney for Nishu, Inc.
P. O. Box 632
Hazlehurst, Georgia 31539
2-22 & 2-29pd

The City of Baxley will hold a Called Meeting on March 3, 2012 at 6:00 p.m. at City Hall located at 282 E. Parker Street, Baxley, Georgia. The primary purpose of the called meeting is a public hearing as well as any other business that may come before the Mayor and Council. The public hearing will offer opportunities for comments on a Zoning Amendment filed by Elzie Larry Moseley, Sr. and Vivian F. Moseley for property located at 285 Anthony Street. The petitioner request his property be re-zoned from the present Residential (R-12) zone to a Business (BR-1) zone.
Legal descriptions as follows:
All that tract or parcel of land lying and being and situate in the City of Baxley, Appling County, Georgia bounded, now or formerly, as follows: Northerly by property of Standard Oil Company; Easterly by lands of C. A. Hardy.
This is the same property described in that tract certain deed from James Michael Dennis to Jack Thomas, dated January 18, 2000, recorded in Deed Book 337, Page 20, public records of Appling County, Georgia.
CITY OF BAXLEY
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FILED IN THIS OFFICE FEB. 15, 2012 AT 10:08 A.M., F. FLOYD HUNTER, CLERK OF COURT APPLING CO.
OFFICERS
FOREPERSON: FELITA TURNER
VICE FOREPERSON: SHIRLEY TAYLOR
SECRETARY: KIMBERLY POWERS
MEMBERS
Sharon O. Williams, Lennis Paulk, Donia S. Padgett, Renea McCall, Calvin V. Morris, Andrea L. Rentz, Kelly L. Moody, Dorothy A. Miles, Valeria G. Lewis, Patricia K. Keeton, Barbara J. Baker, Robert C. Tanner, Jeanette L. Davis, Joseph W. Boyette, Johnny L. Drake, Angela T. Hanson, Gail H. Branch, Brenda R. Harvey, Fredrick B. Simmons and Susan D. Knox.
BAILIFFS
FAYE GRIFFIN AND LEVY WILKERSON
OCTOBER 7, 2011
GRAND JURY MEETING
APPLING COUNTY COURTHOUSE
District Attorney Jackie L. Johnson called the roll of the appointment of Grand Jurors to serve the October 2011 term. A brief over site of the Grand Jury?s responsibilities were presented, and a handbook with more detailed guidelines was given to each juror.
We were informed to select officers and bailiffs to serve for the term of the Grand Jury. Chosen were the following:
FOREPERSON: FELITA TURNER
VICE FOREPERSON: SHIRLEY TAYLOR
SECRETARY: KIM POWERS
District Attorney Jackie L. Johnson conducted the swearing in of the jury. Photographs for badges were taken. One case was presented and was returned as a true bill.
DECEMBER 8, 2011
GRAND JURY MEETING
At the request of the District Attorney?s Office, Jan Kennedy, the Grand Jury met to consider indictments. Evidence was presented on 18 cases. All were returned as true bills.
JANUARY 10, 2012
GRAND JURY MEETING
At the request of the District Attorney?s Office, Jan Kennedy, the Grand Jury met to consider indictments. Evidence was presented on 9 cases. All were returned as true bills.
The Grand Jury met on the above date after receiving a request from Bailiff Levy Wilkerson for a raise in the very first meeting of this term. After consideration, this Grand Jury recommends a raise for the bailiffs from thirty dollars to forty dollars per day. Additionally, the Grand Jury recommends a raise for all jurors from twenty-five dollars to thirty dollars per day.
JANUARY 18, 2012
INSPECTION OF THE SHERIFF?S OFFICE, JAIL AND 911 DISPATCH.
On the above date, Foreperson Felita Turner led a group of Juror?s to inspect the Sheriff?s Office and Jail facilities. Sheriff Benny Deloach and Officer Adam Bell led the tour and answered questions regarding the daily operations. This Grand Jury found the facilities in good condition. It was very clean, well lit, and for the most part, in good repair. The jail personnel were very professional and cooperative. Grand Jurors noticed that on some days and shifts, there are only 2-3 deputies on duty each 12-hour shift. Upon receiving a domestic dispute call to the Sheriff?s Office, 2 deputies are sent out on each call for safety reasons. Grand Jurors were concerned that this would leave the department understaffed for other problems that might arise.
When asked if he had any concerns Sheriff Deloach asked if we would recommend a raise for the jailers. Presently they are receiving $8.46 hourly initially.
This Grand Jury would like to recommend an increase of deputies per shift, fix water leak in shower of the strip search room, exterminate more often, replace plate over light switch in the visiting room, paint handicapped signs in the parking lot and increase salaries for jailers.
Members of the Grand Jury also inspected the 911-dispatch area. Grand Jurors observed operation of computer systems, which enables emergency responders to locate unfamiliar addresses quickly and accurately. Personnel in the office were very professional and cooperative. Sheriff Deloach asked that the Grand Jury recommend a raise in salary for the 911 dispatch staff.
CLERK OF COURT ? F. FLOYD HUNTER
The Committee found this office to be warm and inviting. Mr. Hunter gave the committee a tour and explained the daily transactions of the Clerk?s office. The Clerk?s Authority furnishes all equipment, using monies obtained through recording fees. The Clerk?s Office handles recording deeds, liens and court cases (Superior, State, Juvenile, Civil and Criminal). They also store old newspapers. This office handles collection of fines, which are split 15 ways. It also handles jury selection. Mr. Hunter stated that the State will soon start sending each county lists of potential jurors. The Transfer Tax that is collected by this office is split 5 ways (fire department, county, city, schools & state). Auditors check this office?s books yearly. This committee found that better signage needs to be centrally located in the annex.
DISTRICT ATTORNEY?S OFFICE
Sue Spell gave the committee a tour of this office. When the building was remodeled, it was done with state prison labor. Mrs. Spell stated that this office is in need of more storage space. Emily Hardwick, victim?s advocate, works out of this office also. In addition to her duties as victim advocate, Emily schedules mental health counseling and forensic interviews for children.
PROBATE COURT
Diane Hallman, Probate Judge, was out of the office and Gretchen Johnson gave this committee a tour of the office. Probate handles fire arms, licenses, birth certificates, death certificates, wills and estates and elections. The Probate Judge also marries people. Gretchen stated that Mrs. Hallman marries half of the people in this county. This office?s safe space is very limited.
Recommendations ? Better signage in annex and more storage in DA and Probate Offices.
This report is respectfully submitted on the 13th day of February, 2012.
FELITA TURNER
GRAND JURY FOREPERSON
The foregoing presentments of the Grand Jury of the October 2011 Term, of the Superior Court of Appling County, Georgia, having been duly presented and received, it is ordered that same be filed and published as recommended therein, also a copy be given to the office of the Board of Commissioners of Appling County.
HONORABLE E. M. WILKES, III
SUPERIOR COURT JUDGE
BRUNSWICK JUDICIAL CIRCUIT
HONORABLE F. FLOYD HUNTER
CLERK OF COURT
APPLING COUNTY, GEORGIA
BRUNSWICK JUDICIAL CIRCUIT
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CIVIL ACTION # 11-12-684C
BLANCA LUZ URQUIO,
PLAINTIFF
VS.
TOMAS RESENDIZ CARDENAS,
DEFENDANT
TO: TOMAS RESENDIZ CARDENAS
NOTICE OF PUBLICATION
By ORDER of the Court for service by publication dated December 30, 2011, you are hereby notified that TOMAS RESENDIZ CARDENAS, the above-named Plaintiff filed suit against you for: Petition for Divorce.
You are required to file with the Clerk of the Superior Court, and to serve upon the plaintiff╒s attorney whose name and address is Pro-Se: BLANCA LUZ URQUIO, P. O. BOX 1272, BAXLEY, GEORGIA, 31515.
Answer in writing within sixty (60) days of first publication.
Witness the Honorable E. M. Wilkes, III, Judge of the Appling County Superior Court.
This is the 30th day of December, 2011.
By: Marsha Thomas, Deputy Clerk of Superior Court
2-15, 2-22, 2-29 & 3-7pd

NOTICE IS HEREBY GIVEN that on the 6th day of March, 2012, a special election will be held at the regular polling places in all the election districts of Appling County at which time there will be submitted to the qualified voters of Appling County for their determination the question of whether a special sales and use tax for educational purposes of one percent (such tax to be a continuation of the existing one percent sales and use tax and not an additional sales and use tax) shall continue to be levied, imposed and collected on all sales and uses in Appling County for a period of time not to exceed twenty (20) calendar quarters and for the purpose of raising not more than $20,000,000 of net proceeds by said tax, which shall go to the School District for the purpose of (i) acquiring technology improvements, including safety and security improvements, computer technology, hardware and software; (ii) adding to, renovating, repairing, improving, furnishing, and equipping existing school buildings and other buildings and facilities useful and desirable in connection therewith, including, but not limited to, physical education/athletic facilities, roofing, HVAC, electrical and technology infrastructures, paving, covered walkways and gymnasiums; (iii) acquiring new school equipment, including, but not limited to, new buses, transportation, maintenance and school vehicles and equipment; (iv) acquiring, constructing and equipping new storage facilities and other facilities; (v) acquiring textbooks and instructional materials and equipment; (vi) acquiring any necessary or desirable property, both real and personal, the maximum amount of the projects to be paid with sales and use tax proceeds shall be one-half of the total net tax proceeds collected.
The ballot to be used at such referendum shall have written or printed thereon substantially the following:

_____ Yes

_____ No Shall a special one percent sales and use tax for educational purposes (such tax to be a continuation of the existing one percent sales and use tax and not an additional sales and use tax) continue to be imposed in Appling County for a period not to exceed twenty (20) calendar quarters and for the purpose of raising not more than $20,000,000 of net proceeds by said tax, which shall go to the School District for the purpose of (i) acquiring technology improvements, including safety and security improvements, computer technology, hardware and software; (ii) adding to, renovating, repairing, improving, furnishing, and equipping existing school buildings and other buildings and facilities useful and desirable in connection therewith, including, but not limited to, physical education/athletic facilities, roofing, HVAC, electrical and technology infrastructures, paving, covered walkways and gymnasiums; (iii) acquiring new school equipment, including, but not limited to, new buses, transportation, maintenance and school vehicles and equipment; (iv) acquiring, constructing and equipping new storage facilities and other facilities; (v) acquiring textbooks and instructional materials and equipment; (vi) acquiring any necessary or desirable property, both real and personal, the maximum amount of the projects to be paid with sales and use tax proceeds shall be one-half of the total net tax proceeds collected.
The several places for holding said referendum shall be at the regular and established voting precincts of the election districts of Appling County, Georgia, and the polls will be open from 7:00 a.m. to 7:00 p.m. on the date fixed for the referendum. All polling places will be open.
The last day to register to vote in this referendum shall be February 6, 2012, through 5:00 p.m. Mail voter registration applications must be postmarked on or before February 6, 2012.
Those residents of Appling County qualified to vote at such referendum shall be determined in all respects in accordance with the election laws of the State of Georgia.
This notice is given pursuant to a resolution of the Appling County Board of Education adopted on November 28, 2011.
This 28th day of November, 2011.
Diane Hallman
Appling County Superintendent of Elections
2-1, 2-8, 2-15, 2-22 & 2-29ch

By virtue of the power of sale contained in that certain Deed to Secure Debt from SANDRA A. SMITH to ALTAMAHA BANK & TRUST COMPANY filed for record, and recorded in Deed Book 409, Pages 425-427, Appling County, Georgia Records, said Deed to Secure Debt having been given to secure a Note dated October 18, 2005, and said note or the renewal thereof now being in default there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Baxley, Appling County, Georgia, within the legal hours of sale on the first Tuesday in March, 2012, the property described is:
TRACT 1: All that tract or parcel of land lying, being and situate in the Second Land District of Appling County, Georgia, consisting of 1.257 acres, more or less, of Land Lot NO. 283, being more particularly described by a survey and plat thereof by Denean W. Dixon and Assoc. dated February 14, 2004, which said plat is attached hereto and made a part hereof by reference for all purposes of description and being bound now or formerly, as follows: Northeast by Peach Lane; Southeast by First Avenue; Southwest by lands of Earl D. Griffis and Charles M. Aldridge; and Northeast by other lands of Sandra A. Smith, the line being agreed upon and described on said plat.
The above-described property is restricted to single-family residential dwellings of a permanent construction. No prefabricated modular or mobile homes are permitted on the above-described property.
TRACT 2: All that tract or parcel of land lying, being and situate in the Second Land District of Appling County, Georgia, consisting of 0.642 acres, more or less, in Land Lot No. 283, and being bound on the Northeast by Peach Lane; Southeast by other lands of the Grantors, the line being described on the below referenced plat; Southwest by lands of William H. and Sandra A. Smith; and Northwest by lands of Geraldine M. Wiggins. Said tract of land is more particularly described in a survey and plat thereof by Denean W. Dixon, Surveyor, dated 10/5/99, which said plat is attached hereto and incorporated herein for all purposes of 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, non-payment of the monthly installments and lack of insurance 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.
A copy of this legal advertisement (Notice of Sale Under Power), which was sent to The Baxley News-Banner has been mailed by certified mail, return receipt requested to Sandra A. Smith if required by Georgia Law O.C.G.A. 44-14-162.2 and 44-14-162.3.
Said property will be sold as the property of Sandra A. Smith subject to any and all unpaid taxes, assessments, general subdivision restrictions, if any, and other restrictions and easements of record, if any; and to the best knowledge and belief of the undersigned, Sandra A. Smith is in possession of said property.
The proceeds of the sale will be used as follows:
(a) To pay the expense of said sale,
(b) To pay the sum secured by said deed;
(c) The Balance to as provided by law.
THIS LAW FIRM IS ATTEMPTING TO COLLECT THE DEBT DESCRIBED ABOVE, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 1st Day of February, 2012.
Massie H. McIntyre, Massie McIntyre, P. C., P. O. Box 506, Vidalia, Georgia 30475, for Altamaha Bank & Trust Company as Attorney in Fact for Sandra A. Smith.
File No. 20068.
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