Legal Notices

Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Eddie R. Walker Sr. to Home Loan Investment Bank, F.S.B. in the original principal amount of $104,000.00 dated 12/28/2007, and recorded in Deed Book 440, page 653, Appling County records, said Security Deed being last transferred and assigned to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP, fka Countrywide Home Loans Servicing, LP in Deed Book 482, Page 99, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of December, 2012 by Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, as Attorney-in-Fact for Eddie R. Walker Sr. the following described property:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, of original Land Lot No. 188 and being bound now or formerly as follows:
Northerly by lands of B.W. Sapp and James Lott, southerly by lands of Jerry Johnson, easterly by Wendell Crosby and westerly by State Route 15, said tract of land being more fully described as follows:
To find the point of beginning start at the northeast corner of original Land Lot Number 188, and from said point of beginning, run South 88 degrees 56 minutes 16 seconds West a distance of 3,299.21 feet; thence turn and run South 0 degrees 39 minutes 18 seconds West a distance of 807.70 feet to the point of beginning. From said point of beginning, run South 0 degrees 39 minutes 18 seconds West a distance of 200 feet; thence turn and run South 67 degrees 26 minutes 19 seconds West a distance of 386.62 feet; thence turn and run North 45 degrees 46 minutes 40 seconds West a distance of 200.0 feet; thence turn and run North 67 degrees 26 minutes 19 seconds East a distance of 544.30 feet to the point of beginning; said tract of land being more fully shown on a survey and plat thereof by Merlin J. Tomberlin, dated July 12, 1993, a copy of which is recorded in the Deed Records of Superior Court, Appling County, Georgia.
0051 058
Being the same property described in Security Deed filed in 440/653 and Warranty Deed filed in 339/647, aforesaid records.
Property known as: 3251 Blackshear Hwy, Baxley, GA 31513
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP holds the duly endorsed Note and is the current assignee of the Security Deed to your property. Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, acting on behalf of and, as necessary, in consultation with Federal National Mortgage Association (the current investor on your loan), is the entity with the full authority to negotiate, amend, and modify all terms of your loan. Pursuant to O.C.G.A. Section 44-14-162.2, you may contact Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP at:
Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP
Home Loan Assistance Dept., 7105 Corporate Drive
Plano, TX 75024
PHONE: 800-669-6650
Please note that, pursuant to O.C.G.A Section 44-14-162.2, you are not automatically entitled by law to an amendment or modification of the terms of you loan.
To the best of the undersigned's knowledge and belief, the party in possession is Eddie R. Walker Sr..
Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, as Attorney-in-fact for Eddie R. Walker Sr..
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone ? (770) 392-0398
Toll Free ? (866) 999-7088
www.penderlaw.com
Our File No. 12-02287
11-7, 11-14, 11-21 & 11-28ch

By virtue of the Power of Sale contained in the Deed to Secure Debt from MARK S. POSTLETHWAIT to FNB South, dated December 30, 2003 recorded in Deed Book 385, pages 244-250, Clerk's Office, Appling County, Georgia, 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 December, 2012, the following described property:
All that tract or parcel of land lying and being in Land Lot No. 332 of the Second Land District of Appling County, Georgia, in the City of Baxley, consisting of 2.811 acres, more or less and being more particularly described on that certain survey and plat thereof prepared by Merlin J. Tomberlin, GRLS No. 2477, dated November 18, 2003, recorded in Plat Book 16, Page 480, in the Office of the Clerk of Superior Court of Appling County, Georgia, incorporated herein for all purposes.
This being a portion of the property conveyed to B.W. Sapp and James Lott by deed from Clint?s Outerwear, Inc. dated April 11, 1996 recorded in Deed Book 292, Page 388, in the Office of the Clerk of Superior Court of Appling County, Georgia.
Property address: 75 Industrial Drive, Baxley, GA 31513
Map and Parcel #D004-041
Said Deed to Secure Debt having been given to secure a note dated December 30, 2003 in the original principal amount of $360,168.00 with interest from date at the rate as specified therein with interest from date at the rate as specified therein.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of among other possible events of default, failure to pay in accordance with the terms of said notes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of the sale, including attorney(s fees.
To the best of the undersigned's knowledge, the party in possession of the subject property is: Mark Postlethwait
The above described property will be sold subject to unpaid state, county and city taxes to the highest bidder for cash and the proceeds will be applied to said indebtedness and the lawful expenses of said sale as provided in said security deed and a conveyance will be made to the purchaser at the sale as authorized by said security deed.
Debtor should contact FNB South, P.O. Box Drawer 2028, Alma, 31510 Georgia, phone # 912-632-7262, as to any negotiations, amendments or modification of the above stated Note.
This the 12th day of October, 2012.
FNB South as
Attorney-in-Fact for Mark Postlethwait
P.O. Box 2028
Alma, GA 31510
912-632-7260
Jerome Adams
Attorney at Law
P. O. Box 1005
Douglas, GA 3l534
(912)384-7109
11-7, 11-14, 11-21 & 11-28ch

By virtue of the power of sale contained in a Deed to Secure Debt by ROSALYN MOSLEY to CitiFinancial Services, Inc., dated December 4, 2003 and filed for record December 5, 2003 in Deed Book 384, Page 396, Appling County, Georgia records, and securing a Note in the original principal amount of $28,607.89; there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Appling County, Georgia, between the legal hours of sale on the first Tuesday in December, 2012, by CitiFinancial Services, Inc. as Attorney-in-Fact for ROSALYN MOSLEY the following property to-wit:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the City of Baxley, Appling County, Georgia, consisting of Subdivision Lots Nos. 1 and 2, Block 33, of what is known as Fendings Addition, a subdivision, a plat of which is recorded in Office, Clerk Superior Court, Appling County, Georgia, Plat Book 1, Page 7, said lots lying in one body on the northside of and adjoining Harvey Street for a distance of 100 feet and running back northward in a strip of equal width for a distance of 145 feet to an alley designated on said plat. Said tract of land is bound north by said alley: East by McRorie Street; South by Harvey Street: and West by Subdivision Lot No. 3
Tap Map Reference: D003 058
Being that parcel of land conveyed to Rosalyn Mosley from Christ Hutto and Ronnie Hutto by that deed dated 02/25/1998 and recorded 03/04/1998 in Deed Book 311 at Page 13 of the Appling County, GA Public Registry. Being the same property devised to Ronnie Hutto, Chris Hutto, and Roslyn Mosley, from the personal representative for the Estate of David Hutto, Date of Death 02/25/1998, Estate Package/Probate Book# 3104 and Page# 598 Final Decree status 02/25/1998, all of which is recorded in the Appling County, GA Public Registry.
?Being that parcel of land conveyed to David P. Hutto from John E. Robinson and Lora H. Robinson by that deed dated 11/21/1970 and recorded 11/23/1970 in Deed Book 142, at Page 385 of the Appling County, GA Public Registry.
The above described property is also known as 286 HARVEY STREET, BAXLEY, GA 31513.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney's fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record;? all valid zoning ordinances;? matters which would be disclosed by an accurate survey of the property or by any inspection of the property;? all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows:
CitiMortgage, Inc.
5280 Corporate Drive
Attn: Default Mail Services
Frederick, MD 21703
Phone: HAT Program: 866-272-4749
Fax: 866-989-2089 or 866-989-2088
The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require CitiFinancial Services, Inc.? to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
CitiFinancial Services, Inc.
as Attorney-in-Fact for
ROSALYN MOSLEY
SHUPING, MORSE & ROSS, L.L.P.
By: S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, GA 30274
770-991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
11-7, 11-14, 11-21 & 11-28ch

Under and by virtue of the Power of Sale contained in a Security Deed given by Michael Mosley to Bank of America, N.A., dated March 18, 2008, recorded in Deed Book 443, Page 70, Appling County, Georgia Records, as last transferred to M&T Bank by assignment recorded in Deed Book 484, Page 747, Appling County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($94,500.00), 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 Appling County, Georgia within the legal hours of sale on the first Tuesday in December, 2012, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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 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 matters of record superior to the Security Deed first set out above.
M&T Bank is the holder of the Note and Security Deed to the property in accordance with OCGA § 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Bank, P.O. Box 1288, Buffalo, NY 14240, 800-724-1633.
To the best knowledge and belief of the undersigned, the party in possession of the property is Michael P. Mosley or a tenant or tenants and said property is more commonly known as 282 Ricardo Street, Baxley, Georgia 31513. 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 seeking solely to foreclose the creditor?s lien on real estate and this law firm will not be seeking a personal money judgment against you.
M&T Bank as Attorney in Fact for Michael Mosley
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mtj 12/4/12
Our file no. 5108312-FT15
EXHIBIT "A" All that tract or parcel of land lying and being in Land Lot No. 284 of the Second Land District of Appling County, Georgia, consisting of 0.436 acre, more or less, being Lot 107 and the Western half of Lot 106, Block 6, Weatherly Park Subdivision, and being more particularly describe as follows: Beginning at the point of intersection of the Northern right-of-way of Ricardo Street with the Eastern right-of-way of Cypress Drive; thence North 00 degrees 11 minutes 20 seconds West along and with the Eastern right-of-way of Cypress Drive 144.65 feet to a point; thence North 89 degrees 56 minutes East a distance of 131.1 feet to a point; thence South 00 degrees 11 minutes 20 seconds East a distance of 145.09 feet to a point on the Northern right-of-way of Ricardo Street; thence along and with the Northern right-of-way of Ricardo Street North 89 degrees 52 minutes 20 seconds West a distance of 131.10 feet to the point of beginning. For a more particular description reference is hereby made to a survey and plat thereof prepared by Denean W. Dixon, G.R.L.S. No. 1647, dated December 28, 1996, recorded in Plat Book 14, page 209, of the records of the Clerk of Superior Court of Appling County, Georgia, and incorporated herein for a more full and complete description and all other legal purposes. This being the same identical property conveyed from Kelvin Skinner, et. al. to Lana L. Morris by deed dated January 28, 1997, recorded in Deed Book 299, Page 446 of the records of the Clerk of Superior Court of Appling County, Georgia. Less and except: All that tract or parcel of land lying and being in Land Lot No. 284 of the Second Land District of Appling County, Georgia, conveyed from Lana L. Morris to the City of Baxley, Georgia, by Right of Way Deed dated May 3, 2002, recorded in Deed Book 366, Page 470, of the records of the Clerk of Superior Court of Appling County, Georgia.
MR/mtj 12/4/12
Our file no. 5108312 - FT15
11-7, 11-14, 11-21 & 11-28ch

ESTATE NO. 2012-107
PETITION FOR LETTERS OF ADMINISTRATION NOTICE
TO: WHOM IT MAY CONCERN,
JEFFERY SHAWN JOHNSON has petitioned to be appointed Administrator of the estate of WINSTON D. JOHNSON, 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 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 Dec. 17 at 10:00 A.M., 2012. All pleadings/objections must be signed under oath 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.
DIANE HALLMAN
PROBATE JUDGE
By Diane Hallman
36 S. Main Street
Baxley, GA 31513
912-367-8114
11-14, 11-21, 11-28 & 12-5

Under and by virtue of O.C.G.A. § 10-4-213 and the leases entered into between City Circle Mini-Storage, Inc. f/k/a K&W Developments, Inc. d/b/a City Circle Mini-Storage and the below described tenants, the undersigned will sell at public outcry at their storage facility at 746 City Circle Road, Baxley, Georgia on December 7, 2012, during the legal hours of sale, to the highest bidder for cash, the following described personal property:
1. All contents located in Units 7-9 belonging to Christie L. Harrell, lease dated October 12, 2012.
2. All contents located in Unit 23 belonging to Michelle Goorahlal; lease dated June 23, 2011.
The above described personal property will be sold to satisfy an indebtedness owed to City Circle Mini-Storage, Inc. by the above described tenants for their failure to pay the rental on said storage units.
The proceeds of each sale will be used as follows: (1) to pay the expenses of said sale; (2) to pay the above described indebtedness owed by said tenant to City Circle Mini-Storage, Inc.; (3) the balance, if any, to said tenant.
Said property will be sold subject to any and all unpaid taxes, assessments, and liens of record, if any.
Kris Knox, P. C.
Attorney for City Circle Mini-Storage, Inc.
37 Tippins Street, Suite B
Baxley, Georgia 31513
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
11/21 & 11/28

YOU ARE HEREBY NOTIFIED that on December 4, 2012, at 9:30 o'clock a.m. at the Appling County Courthouse, 38 South Main Street, Baxley, Georgia 31513, Judge Stephen G. Scarlett of the Superior Court of Appling County will hear the case of STATE OF GEORGIA vs. DEVELOPMENT AUTHORITY OF APPLING COUNTY and UMA - BUFFELLOW CONSULTANTS, LTD., Civil Action File No. 12-11-610C in the Superior Court of Appling County, the same being a proceeding to confirm and validate a Taxable Revenue Bond (Uma - Buffellow Consultants, Ltd. Project), Series 2012 (the “Bond”), in a maximum principal amount of $6,000,000, to be issued by the Development Authority of Appling County (the “Issuer”) pursuant to the terms of a resolution adopted by the Issuer, in order to promote and expand for the public good and welfare, industry, trade, commerce and employment opportunities within Appling County (the “County”). The Bond is to be issued for the purpose of acquiring land located in the County, along with improvements, building fixtures, and building equipment installed and to be installed thereat (collectively, the “Project”), to be leased to Uma - Buffellow Consultants, Ltd., a Georgia corporation (the “Company”), for use by the Company as an office building and economic development project under O.C.G.A. § 36 62 2(6)(N). In such proceeding, the Court will also (a) hear and determine the validity of instruments relating to and providing security for the Bond, and (b) hear and determine such other questions of law and fact pertaining to the right of the Issuer to issue the Bond and to provide the security therefor. The Bond shall be a special and limited obligation of the Issuer, payable from funds provided by the Company or its successors, shall not be payable from taxes or other public funds, and no performance audit or performance review shall be conducted with respect to such bond issue. Any citizen of the State of Georgia residing in the County, or any other person wherever residing who has a right to object, may intervene and become a party to these proceedings.
F. FLOYD HUNTER
CLERK, SUPERIOR COURT,
APPLING COUNTY, GEORGIA
J. Alexander Johnson
Attorney for Development Authority
132 W. Parker Street
Baxley, GA 31513
912-366-9000
11-21 & 11-28ch

All creditors of the estate of Jimmy Powell, deceased, late of Appling County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
This 19th day of November, 2012.
Wanda J. Powell, Executor
Estate of Jimmy Powell, deceased
970 Holmesville Road
Baxley, Georgia 31513
J. ALEXANDER JOHNSON, P.C.
132 W. Parker Street
Baxley, Georgia 31513
912-366-9000
11-21, 11-28, 12-5 & 12-12ch

"Notice is given that Articles of Incorporation that will incorporate the BAXLEY LIONS FOUNDATION have been delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The initial registered office of corporation is located at 56 Lucerne St., Baxley, GA 31513 and its initial registered agent at such address is Ed Flowers."
11-21 & 11-28pd

The City of Baxley will hold a Called Meeting on December 11, 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 an application for annexation on the proposed zoning Residential(R-15), on property owned by Greg Herrin located at 532 Old Blackshear Highway. Legal description as follows:
All that tract or parcel of land lying and being in Land Lot 245 of the Second Land District of Appling County, Georgia, containing 1.374 acres, more or less, and being more particularly described as follows: Start at the intersection of the north right-of-way of Jessica Lane with the westerly right-of- way of State Route 15, thence South 14 degrees 15' 00" East a distance of 1327.40 feet to a point; thence South 75 degrees 45' 00" West a distance of 271.19 feet to the Point of Beginning; thence South 15 degrees 32' 16" East a distance of 200.26 feet; thence North 75 degrees 45' 00" East a distance of 296.68 feet to a point on the Hoke Floyd Road; thence South 16degrees 49' 37" East a distance of 200.41 feet to a point; thence South 75 degrees 45' 00" West a distance of 301.19 feet and back to the Point of Beginning, all more particularly shown and described as TR. 2 on that certain survey and plat thereof by Everett Tomberlin, G.R.L.S. No. 2922, dated May 25, 2012, a copy of which is recorded in Plat Book 19, page 654 of the records of the Clerk, Superior Court, Appling County, Georgia, said plat incorporated herein by reference thereto for descriptive and all legal purposes.
CITY OF BAXLEY
11-21ch

Under and by virtue of O.C.G.A. § 10-4-213 and the leases entered into between City Circle Mini-Storage, Inc. f/k/a K&W Developments, Inc. d/b/a City Circle Mini-Storage and the below described tenants, the undersigned will sell at public outcry at their storage facility at 746 City Circle Road, Baxley, Georgia on December 7, 2012, during the legal hours of sale, to the highest bidder for cash, the following described personal property:
1. All contents located in Units 7-9 belonging to Christie L. Harrell, lease dated October 12, 2012.
2. All contents located in Unit 23 belonging to Michelle Goorahlal; lease dated June 23, 2011.
The above described personal property will be sold to satisfy an indebtedness owed to City Circle Mini-Storage, Inc. by the above described tenants for their failure to pay the rental on said storage units.
The proceeds of each sale will be used as follows: (1) to pay the expenses of said sale; (2) to pay the above described indebtedness owed by said tenant to City Circle Mini-Storage, Inc.; (3) the balance, if any, to said tenant.
Said property will be sold subject to any and all unpaid taxes, assessments, and liens of record, if any.
Kris Knox, P. C.
Attorney for City Circle Mini-Storage, Inc.
37 Tippins Street, Suite B
Baxley, Georgia 31513
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
11/21 & 11/28

"Notice is hereby given that U-Store U-Lock LLC Mini-Storage will hold a public auction pursuant to the Georgia Self Storage Facility Act, Georgia code Section 10-4-210 to 10-4-215 on November 30, 2012 at 9:00 AM at the U-Store U-Lock LLC Mini-Storage facility located at 80 Speer St., Baxley GA 31513.
Unit # 77, contents belonging to Jim Bybee: items include misc. boxes, and old electronic components.
Unit #70, contents belonging to Lewis Freeman: items include a limited number of misc items.
Unit #48, contents belonging to Andy Breedlove: items include misc furniture, house hold items and boxes.
11-14 & 11-21

Notice is given that Articles of Incorporation that will incorporate the BAXLEY LIONS FOUNDATION have been delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The initial registered office of corporation is located at 56 Lucerne St., Baxley, GA 31513 and its initial registered agent at such address is Ed Flowers.
11-21 & 11-28pd