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Public Notices MILLER COUNTY, GEORGIA NOTICE OF FORECLOSURE SALE By virtue of the power of sale contained in that certain Deed to Secure Debt executed and delivered by Milton G. Middleton Family Trust, Jane Dancer Middleton, Trustee to PeoplesSouth Bank said Deed to Secure Debt being dated April 8, 2005, filed for record on April 11, 2005 being an open ended Deed to Secure Debt, and recorded in the Office of the Clerk of Superior Court of Miller County, Georgia, in Deed Book 180, at Pages 7-11, due to default in payment of the note from Richard Middleton to PeoplesSouth Bank dated May 8, 2008 secured by the Deed to Secure Debt there will be sold before the Courthouse door in said County at public outcry by the undersigned during the legal hours of sale on the 6th day of April, 2010, being the first Tuesday of the month of April, to the highest bidder for cash, the following described property, to wit: All of the south half of Lot of Land No. 296 in the 13th District of Miller County, Georgia. EXCEPT: 5 acres located on the north side of said lot belonging to P. E. Middleton. Also 22 ½ acres, more or less, off of Lot of Land No. 296 in the 13th District of Miller County, Georgia, located in the southeast corner of the north half of said lot and being bounded as follows: on the west by lands of P. E. Middleton, on the south by lands of Grantors this day conveyed to Dr. M. G. Middleton, on the north by lands owned by Grantors this day conveyed to Frances M. Calhoun, on the east by lands now or formerly belonging to Roberts Estate. Said property is the same property conveyed from Sammie J. Middleton and G. F. Middleton to M. G. Middleton by a Warranty Deed, dated March 9, 1965, recorded in the Office of the Clerk of Superior Court of Miller County, Georgia, in Deed Book 56, at Page 295, to which specific reference is made. The debt secured by the Deed to Secure Debt being in default, and the holder having declared the balance of said indebtedness due, this sale will be made for the purpose of paying the indebtedness secured by said deed, and the proceeds of the sale will be applied to the payment of said indebtedness, with interest thereon, and all expenses, including attorney’s fees, in connection with this foreclosure as provided in said deed, and the balance applied to any other indebtedness of RICHARD MIDDLETON to the undersigned and the balance, if any, will be applied as provided by law. 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) any matters which might be disclosed by an accurate survey and inspection of the property, and c) all matters of records superior to the Security Deed first set out above, including, but not limited to, assessment liens, encumbrances, zoning ordinances or governmental regulations governing the use of said property, easement restrictions, covenants any other such matters. 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. To the best knowledge and belief of the undersigned, said property is currently in possession of MILTON G. MIDDLETON FAMILY TRUST, JANE DANCER MIDDLETON, TRUSTEE This 5th day of February, 2010 PeoplesSouth Bank, as attorney in fact for MILTON G. MIDDLETON FAMILY TRUST, JANE DANCER MIDDLETON, TRUSTEE BY: RONALD H. RENTZ Attorney at Law P.O. Box 217 Colquitt, GA 39837 (229) 758-5575 Georgia Bar No. 601000 THIS LAW FIRM IS ACTING AS A DEBT COLLECTO R ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4t3/10,17,24,31nprr NOTICE OF SALE UNDER POWER WHEREAS, on December 6, 1996, for value received, Johnnie B. Burney executed and delivered to the United States of America, acting through the United States Department of Agriculture, a Deed to Secure Debt conveying certain real estate located in Miller County, Georgia, and said Deed to Secure Debt was recorded in the Office of the Clerk of the Superior Court for Miller County, Georgia, in Book # 135, Page# 33-37; 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 Miller County, during the legal hours of sale, on the 6th day of April, 2010, the following-described property conveyed in the Deed to Secure Debt, to Wit: 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 6th day of March, 2010. UNITED STATES OF AMERICA By Thomas B. Herron Chief, Default Management Branch United States Department of Agriculture, Rural Development 4t3/10,17,24,31np MILLER COUNTY, GEORGIA NOTICE TO DEBTORS AND CREDITORS All creditors of CAROL F. MEREDITH, late of said County, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me. This 9th day of March, 2010. Tony Meredith and Jennifer J. NeSmith, Executors of the Estate of Carol F. Meredith By: Ronald H. Rentz Attorney at Law P.O. Box 217 Colquitt, GA 39837 (229) 758-5575 State Bar No. 601000 4t3/17,24,31;4/7nprr MILLER COUNTY, GEORGIA NOTICE TO DEBTORS AND CREDITORS All creditors of PEGGY P. HENRY, late of said County, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me. This 9th day of March, 2010. William B. Henry, Executor of the Estate of Peggy P. Henry By:Ronald H. Rentz Attorney at Law P.O. Box 217 Colquitt, GA 39837 (229) 758-5575 State Bar No. 601000 4t3/17,24,31;4/7nprr STATE OF GEORGIA COUNTY OF MILLER NOTICE TO DEBTORS AND CREDITORS All creditors of the Estate of HORACE LOVERING, a/k/a HORACE LOVERING, JR., deceased, late of Miller County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons or entities indebted to said Estate are required to make immediate payment to me. This, the 9th day of March, 2010. Kevin Eric Lovering, Administrator of the Estate of Horace Lovering, a/k/a Horace Lovering, Jr., deceased Danny C. Griffin Attorney at Law P.O. Box 365 Colquitt, GA 39837 (229)758-3943 4t3/17,24,31;4/7pd. ORDINANCE NO. 10-01 AN ORDINANCE TO AMEND SECTIONS 7, 10 AND 14 OF THE LOCAL ACT CREATING THE MILLER COUNTY BOARD OF COMMISSIONERS RELATING TO MEETING DATES, CHECK SIGNATURES AND INTERESTS IN CONTRACTS, SAID AMENDMENT ENACTED UNDER THE HOME RULE POWERS SET FORTH AT ART. I, SEC. 2, PAR. 1 (b) (1) OF THE GEORGIA CONSTITUTION WHEREAS, Section 7 of the Local Act creating the Miller County Board of Commissioners, as adopted by the Georgia General Assembly in 1983, presently provides that the Board shall hold regular meetings on the first Tuesday of each month at the county courthouse; and WHEREAS, Section 10 of the Local Act creating the Miller County Board of Commissioners, as adopted by the Georgia General Assembly in 1983, presently provides that all county checks are to be signed by the Chairman of the Board and the County Clerk; and WHEREAS, Section 14 of the Local Act creating the Miller County Board of Commissioners, as adopted by the Georgia General Assembly in 1983, presently provides that no county officer may have an interest in any contract to which the county is a party; and WHEREAS, the governing authority of Miller County has determined from its experience under said provisions that certain amendments thereto would provide for more effective local government; and WHEREAS, the governing authority of Miller County has determined that it would be reasonable and more efficient for the Board of Commissioners to set its own meeting schedule and for said meetings to take place at the County Administration Building; and WHEREAS, the governing authority of Miller County has determined that it is desirable to add the Chair of the Finance Committee of the Board of Commissioners as an authorized signature on all county checks; and WHEREAS, the governing authority of Miller County has determined that under specified conditions it would be in the public interest for the County to enter into contracts in which a member of the Board of Commissioners has a financial interest, where doing so would result in a savings to the taxpayers; and WHEREAS, Article I, Section 2, Paragraph 1 (b)(1) of the Georgia Constitution, entitled “Home Rule for Counties,” authorizes the governing authority of Miller County to amend the Local Act creating the Miller County Board of Commissioners as specified herein, and the governing authority of the County has elected to do so; NOW, THEREFORE, it is hereby ORDAINED by the Miller County Board of Commissioners as follows: 1. Section 7 of the Local Act of 1983 creating the Miller County Board of Commissioners (1983 Ga. Laws 4594, 4600 (Local and Special Acts, Vol. II)) is hereby stricken in its entirety and amended to read as follows: “Section 7. Meetings. The board shall hold regular meetings according to a schedule adopted by the board during the first meeting in January of each year, with said schedule being subject to amendment by the board at any regular meeting thereof. Notice of the board’s meeting schedule shall be prominently displayed at the County Administration Building and shall be provided to the legal organ of the County for publication. Meetings of the board shall take place at the County Administration Building or at such other location designated by the board. All meetings, with the exception of executive sessions, shall be open to the public. The board may hold special meetings as may be necessary when called by the chairman or any two members of the board. All members of the board must be notified at least one day in advance of any special meeting. No official action shall be taken by the board except at a meeting which is open to the public. Three members of the board shall constitute a quorum, and a majority of a quorum may transact any business which may come before the board. The chairman shall be entitled to the same voting rights as other members of the board on any business transacted by the board.” 2. Section 10 of the Local Act of 1983 creating the Miller County Board of Commissioners (1983 Ga. Laws 4594, 4601 (Local and Special Acts, Vol. II)) is hereby amended so at to strike the last sentence thereof and to add the following sentence at the end of Section 10: “All bills shall be paid by check which shall be signed by at least two (2) of the following officials: the chairman, the chair of the board of commissioners finance committee, or the county clerk; in the absence of the chairman the vice-chairman shall also be authorized to sign checks.” 3. Section 14 of the Local Act of 1983 creating the Miller County Board of Commissioners (1983 Ga. Laws 4594, 4603 (Local and Special Acts, Vol. II)) is hereby amended so as to add the following sentences at the end of said Section: “Provided, however, that this Section shall not apply to any contract or transaction in which the county receives goods, services or property cheaper or as cheaply as the goods, services or property can be obtained elsewhere. In order for this exception to apply a majority of the board of commissioners, excluding the commissioner who has an interest in the contract or transaction, must approve the contract or transaction. The minutes of the meeting at which such approval takes place shall affirmatively establish that the goods, services or property cannot be obtained for less and that the taxpayers’ interests would be served by entering into the contract or transaction in which the commissioner has an interest. Contracts or transactions approved under this exception shall not be void or illegal and the commissioner having an interest therein shall not be deemed to have violated this Section.”
Pursuant to the Home Rule Powers of Miller County, this Ordinance
was approved on first reading at the regular meeting of the Miller
County Board of Commissioners held on 3-8-10; it shall be advertised
in the legal organ of the county for three weeks following said meeting;
a copy of this Ordinance shall be placed on file with the Clerk
of the Superior Court; and the Ordinance shall be considered for a
second reading and final adoption at the regular 4-12-10 meeting of
the Miller County Board of Commissioners. Upon final adoption a
certified copy of this Ordinance, the minutes of the meetings at which
it was adopted, copies of the advertisements placed in the legal organ
of the county, and a publisher’s affidavit, shall be transmitted by the
County Clerk to the Georgia Secretary of State.
For Discharge As Executor Of The Estate Of Joseph T. Sanders, Jr., Deceased. TO: All and singular the beneficiariesunder the will 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 March 29, 2010. 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 scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. Brenda G. McNease Probate Judge By Brenda G. McNease Probate Clerk/Deputy Clerk 155 South First Street Colquitt, GA 39837 229-758-4111 1t3/17npds |
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