common / legals

Public Notices

SUMMARIES OF
PROPOSED
CONSTITUTIONAL
AMENDMENTS

Pursuant to requirements of the Georgia Constitution, Attorney General Christopher Carr, Secretary of State Brian P. Kemp, and Legislative Counsel Richard C. Ruskell hereby provide the summaries of the proposed constitutional amendments that will appear on the November 6, 2018, general election ballot for consideration by the people of Georgia (short captions are those adopted by the Constitutional Amendments Publication Board):

- 1 -

Creates the Georgia Outdoor Stewardship Trust Fund to protect water quality, wildlife habitat, and parks.

House Resolution No. 238

Resolution Act No. 414

Ga. L. 2018, p. 1138

“( ) YES Without increasing the current state sales tax rate, shall the Constitution of Georgia be amended so as to create the Georgia Outdoor Stewardship Trust Fund to conserve lands that protect drinking water sources and the water quality of rivers, lakes, and streams; to protect and conserve forests, fish, wildlife habitats, and state and local parks; and to provide opportunities for our children and families to play and enjoy the outdoors, by dedicating, subject to full public disclosure, up to 80 percent of the existing sales tax collected by sporting goods stores to such purposes without increasing the current state sales tax rate?”

( ) NO the current state sales tax rate, shall the Constitution of Georgia be amended so as to create the Georgia Outdoor Stewardship Trust Fund to conserve lands that protect drinking water sources and the water quality of rivers, lakes, and streams; to protect and conserve forests, fish, wildlife habitats, and state and local parks; and to provide opportunities for our children and families to play and enjoy the outdoors, by dedicating, subject to full public disclosure, up to 80 percent of the existing sales tax collected by sporting goods stores to such purposes without increasing the current state sales tax rate?”

Summary

This proposal authorizes the General Assembly to provide for an annual allocation of up to 80 percent of the revenue derived from the state sales and use tax collected by sporting goods stores to a trust fund to be used for the protection and preservation of conservation land. Any law adopted pursuant to this proposal shall provide for automatic repeal not more than ten years after its effective date; however, such repeal date may be extended for a maximum of ten additional years. It amends Article III, Section IX, Paragraph VI of the Georgia Constitution by adding a new subparagraph (p).

A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.

- 2 -

Creates a state-wide business court to lower costs, enhance efficiency, and promote predictable judicial outcomes.

House Resolution 993

Resolution Act No. 410

Ga. L. 2018, p. 1130

“( ) YES Shall the Constitution

( ) NO of Georgia be amended so as to create a state-wide business court, authorize superior court business court divisions, and allow for the appointment process for state-wide business court judges in order to lower costs, improve the efficiency of all courts, and promote predictability of judicial outcomes in certain complex business disputes for the benefit of all citizens of this state?”

Summary

This proposal creates a state-wide business court with state-wide jurisdiction for use under certain circumstances. It contains provisions relating to venue, jurisdiction, and powers of such court and provides for selection, terms, and qualifications of state-wide business court judges. It amends Article VI of the Georgia Constitution by revising Sections I, II, III, IV, and VII.

A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.

- 3 -

Encourages the conservation, sustainability, and longevity of Georgia’s working forests through tax subclassification and grants.

House Resolution No. 51

Resolution Act No. 297

Ga. L. 2018, p. 1127

“( ) YES Shall the
Constitution
( ) NO of Georgia

be amended so as to revise provisions related to the subclassification for tax purposes of and the prescribed methodology for establishing the value of forest land conservation use property and related assistance grants, to provide that assistance grants related to forest land conservation use property may be increased by general law for a five-year period and that up to 5 percent of assistance grants may be deducted and retained by the state revenue commissioner to provide for certain state administrative costs, and to provide for the subclassification of qualified timberland property for ad valorem taxation purposes?”

Summary

This proposal revises provisions subclassifying forest land conservation use property for ad valorem taxation purposes. It revises the methodology for establishing the value of forest land conservation use property and related assistance grants. The proposal also permits the subclassification of qualified timberland property for ad valorem taxation purposes. It amends Article VII, Section I, Paragraph III of the Georgia Constitution by revising subparagraph (f) and by adding a new subparagraph (f.1).

A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.

-4 -

Provides rights for victims of crime in the judicial process.

Senate Resolution No. 146

Resolution Act No. 467

Ga. L. 2018, p. 1139

“( ) YES Shall the Constitution

( ) NO of Georgia be amended so as to provide certain rights to victims against whom a crime has allegedly been perpetrated and allow victims to assert such rights?”

Summary

This proposal recognizes certain rights of victims against whom a crime has been perpetrated and provides for the enforcement of such rights. It amends Article I, Section I of the Georgia Constitution by adding a new Paragraph XXX.

A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.

- 5 -

Authorizes fair allocation of sales tax proceeds to county and city school districts.

Senate Resolution No. 95

Resolution Act No. 278

Ga. L. 2017, p. 857

“( ) YES Shall the
Constitution
( ) NO of Georgia

be amended so as to authorize a referendum for a sales and use tax for education by a county school district or an independent school district or districts within the county having a majority of the students enrolled within the county and to provide that the proceeds are distributed on a per student basis among all the school systems unless an agreement is reached among such school systems for a different distribution?”

Summary

This proposal authorizes a county school district or an independent school district or districts within the county having a majority of the students enrolled within the county to call for a referendum for a sales and use tax for education and provides that the proceeds are distributed on a per student basis among all the school systems unless an agreement is reached among such school systems for a different distribution. It amends Article VIII, Section VI, Paragraph IV of the Constitution by revising subparagraphs (a) and (g).

A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.

SUMMARIES OF
PROPOSED
STATE-WIDE
REFERENDUM
QUESTIONS

Pursuant to Code Section 21-2-4 of the O.C.G.A., the Secretary of State is authorized to include with the summaries of proposed constitutional amendments summaries of any state-wide referendum questions to be voted on at the same general election:

- A -

Provides for a homestead exemption for residents of certain municipal corporations.

House Bill No. 820

Act No. 346

Ga. L. 2018, p. 235

“( ) YES Do you approve a

( ) NO new homestead exemption in a municipal corporation that is located in more than one county, that levies a sales tax for the purposes of a metropolitan area system of public transportation, and that has within its boundaries an independent school system, from ad valorem taxes for municipal purposes in the amount of the difference between the current year assessed value of a home and the adjusted base year value, provided that the lowest base year value will be adjusted yearly by 2.6 percent?”

Summary

This proposal authorizes a new homestead exemption from ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year value of such homestead. This exemption would only apply to persons residing in a municipal corporation that is located in more than one county, that levies a sales tax for the purposes of a metropolitan area system of public transportation, and that has within its boundaries an independent school system. It enacts Code Section 48-5-44.1 of the Official Code of Georgia Annotated.

If approved by a majority of the voters, the Act becomes effective on January 1, 2019, and applies to all tax years beginning on or after that date.

- B -

Provides a tax exemption for certain homes for the mentally disabled.

House Bill No. 196
Act No. 25
Ga. L. 2017, p. 55

“( ) YES Shall the Act be

( ) NO approved which provides an exemption from ad valorem taxes on nonprofit homes for the mentally disabled if they include business corporations in the ownership structure for financing purposes?”

Summary

This proposal clarifies that the existing exemption from ad valorem taxation for nonprofit homes for the mentally disabled applies even when financing for construction or renovation of the homes is provided by a business corporation or other entity. It amends paragraph (13) of Code Section 48-5-41 of the Official Code of Georgia Annotated.

If approved by a majority of the voters, the Act becomes effective on January 1, 2019, and applies to all tax years beginning on or after that date.

IN THE PROBATE
COURT OF MILLER
COUNTY
STATE OF GEORGIA IN RE: ESTATE OF
LAVON E. RAINEY,
ESTATE NO. 18-2320
DECEASED
PETITION FOR
LETTERS OF
ADMINISTRATION
NOTICE

To whom it may concern:

William Henry Rainey has petitioned to be appointed Administrator(s) of the estate of Lavon E. Rainey, 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. ยง 53-12-261.) 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 October 29, 2018.

BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth the grounds of any such objections. All objections should 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 personnel 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

Judge of the Probate Court

By:/Brenda G. McNease

Clerk of the Probate Court

155 South First Street, Room 110

Colquitt, GA 39837

229-758-4110

4t10/24np

NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA,
COUNTY OF MILLER
THIS IS AN ATTEMPT
TO COLLECT A DEBT,
ANY INFORMATION
OBTAINED WILL BE
USED FOR THAT PURPOSE.

By virtue of a Power of Sale contained in that certain Security Deed from Lois R. Myers to United States of America acting through the Farmers Home Administration, United States Department of Agriculture, dated February 07, 1995 and recorded on February 07, 1995 in DEED Book 127, Page 573, in the Office of the Clerk of Superior Court of Miller County, Georgia, said Security Deed having been given to secure a Note of even date, in the original principal amount of Twenty- Four Thousand and 00/100 dollars ($24,000.00) with interest thereon as provided therein, will be sold at public outcry to the highest bidder for cash before the courthouse door of Miller County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday of November, 2018, 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 Land Lot No. 118 in the 13th Land District of Miller County, Georgia, and being more particularly described as follows: Beginning at the South west corner of said Land Lot No. 118 and run thence North 40 degrees East for a distance of 230 feet to the point of Beginning and from said Beginning point run thence North 6 degrees 37 minutes West along the East right of way of a county road for a distance of 135.64 feet to a point; run thence South 50 degrees 00 minutes East for a distance of 239.71 feet to a point on the West right of way of a county road; run thence South 40 degrees 00 minutes West along the West right of way of said county road for a distance of 363.77 feet to the point of beginning. The above described property contains one (1) acre and is shown by a plat of the same prepared by Earl Thursby, Surveyor, dated January 18, 1976, and recorded in Plat Book 3, Page 11, in the Office of the Clerk of Superior Court of Miller County, Georgia. This is the same property described in mortgages by Billy J. Adams and Linda R. Adams dated January 24, 1979, and recorded in Deed Book 86, Pages 67-70, in the Office of the Clerk of Superior Court of Miller County, Georgia, and dated December 10, 1979, and recorded in Deed Book 88, Pages 137-140, in the Office of the Clerk of Superior Court of Miller County, Georgia. Less and Except: 0.403 acres of land conveyed from Elise H. Whitaker and Marion Whitaker to Miller County, Georgia, by a Right of Way Deed dated September 18, 1985, recorded in the Office of the Clerk of Superior Court of Miller County, Georgia, in Deed book 99, Pages 665-666, to which specific reference is made.

Said property may more commonly be known as 362 Jeterville Road, Colquitt, GA 31737.

The debt secured by said Security Deed 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).

The individual or entity that has full authority to negotiate, amend and modify all terms of the loan is United States of America acting through Rural Development or successor agency, United States Department of Agriculture, USDA RURAL DEVELOPMENT, RURAL HOUSING SERVICE, 1400 INDEPENDENCE AVE., SW, RM 5014, STOP 0701, WASHINGTON, DC 20250-0701; (800) 414- 1226.

Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: a) zoning ordinances; b) matters which would be disclosed by an accurate survey or by an inspection of the property; c) any outstanding ad valorem taxes, including taxes, which constitute liens upon said property whether or not now due and payable; d) special assessments; e) the right of redemption of any taxing authority; f) all outstanding bills for public utilities which constitute liens upon said property; g) 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 owners and party in possession of the property are Lois R. Myers and or tenant(s). 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.

United States of America acting through Rural Development or successor agency, United States Department of Agriculture as Attorney-in-Fact for Lois R. Myers.

Contact: Padgett Law Group: 6267 Old Water Oak Road, Suite 203, Tallahassee, FL 32312; (850) 422-2520

10/ 10/ 18; 10/ 17/ 18; 10/24/18; 10/31/18

GEORGIA, MILLER
COUNTY
NOTICE OF FORECLOSURE SALE

By virtue of the power of sale contained in the Deed to Secure Debt hereinafter set forth, there will be sold before the Courthouse door where sheriff’s sales are conducted in Miller County, Georgia at public outcry by the undersigned during the legal hours of sale on the 6th day of November, 2018, being the first Tuesday of the month of November, to the highest bidder for cash, the following described property, to wit:

All that tract or parcel of land lying and being in Land Lot No. 305 in the 12” Land District of Miller County, Georgia, containing 4.463 acres and being more particularly described as Lot 18 in Bent Oak Farms according to a plat of survey prepared by D. Conner Collins, RLS No. 1371, entitled “Plat of Property for: Bent Oak Farms” dated April 22, 2008, and recorded in the Office of the Clerk of the Superior Court of Miller County, Georgia in Plat Cabinet 67-B, Slide E-1, which plat is incorporated herein.

ALSO CONVEYED HEREIN are a 20-foot wide perpetual, non-exclusive easement for ingress and egress to and from the property herein conveyed and also a 30-foot wide utility easement for Three Notch Electric, both of which are more particularly described by a certain plat of survey prepared by D. Conner Collins, RLS No. 1371 entitled “Plat of Easement for: Bent Oak Farms” dated April 22, 2008 and recorded in the Office of the Clerk of the Superior Court of Miller County, Georgia in Plat Cabinet B-65, at Slide A-2, which plat is incorporated herein. Said easements shall constitute a covenant running with the dominant and servient tracts.

SUBJECT TO the abovedescribed easements.

SUBJECT TO Protective Covenants For Lots of Bent Oak Farms dated October 25, 2007 and recorded in the Office of the Clerk of Superior Court of Miller County, Georgia, in Deed Book 196, at page 310, andALSO SUBJECT TO Consent to Variance dated March 28, 2008 and recorded in said Clerk’s Office in Deed Book 199, at page 31.

Map/Parcel: 0075 021018

Address: Lone Oak Trail, Colquitt, GA 39837

Said sale will be made pursuant to the Power of Sale contained in that certain Deed To Secure Debt from Belinda P. Hudson to Bent Oak Farms, LLC dated February 16, 2010 and filed for record on February 23, 2010 and recorded in the Office of the Clerk of Superior Court of Miller County, Georgia, in Deed Book 209, at Page 224, securing a promissory note in the original principal sum of $23,900.00.

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, if any, will be applied as provided by law.

Notice of the initiation of proceedings to exercise the power of sale in said security deed has been given to the debtor by the secured creditor no later than thirty days before the date of the proposed foreclosure by certified mail as provided by law.

Said property will be sold subject to 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.

The individual who has full authority to negotiate, amend, and modify all terms of the security deed with the debtor is Danny S. Shepard, P.O. Box 585, Colquitt, GA 39837, (229) 758-5288. The secured creditor, however, is not required by law to negotiate, amend, or modify the terms of said security deed.

Insofar as the undersigned knows or believes, said property is currently in possession of Belinda P. Hudson.

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 holders of the security deed.

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

This 27th day of September,
2018.
BENT OAK FARMS,
LLC. (L.S.)
as Attorney in Fact for Belinda P. Hudson
BY: Danny S. Shepard
Georgia Bar No. 640950
Attorney at Law for Bent
Oak Farms, LLC P.O. Box
585
Colquitt, GA 39837
(229) 758-5288
4t10/10,17,24,31npds

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