Legal Notices

Under and by virtue of the Power of Sale contained in a Security Deed given by Joe Wade Knight and Robyn D. Knight to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICAN BANKING COMPANY DBA AMERIS, dated September 12, 2007, recorded in Deed Book 436, Page 131, Appling County, Georgia records, as last transferred to OCWEN LOAN SERVICING, LLC by assignment recorded or to be recorded, Appling County, Georgia records conveying the after-described property to secure a Note in the original principal amount of FIFTY EIGHT THOUSAND AND NO/100 DOLLARS ($58,000.00); 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 Wednesday in January, 2013 the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE SECOND LAND DISTRICT OF APPLING COUNTY, GEORGIA, IN LOT OF LAND NUMBER 418 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AS THE STARTING POINT, BEGIN AT THE ORIGINAL NORTHEAST CORNER OF SAID LOT OF LAND NUMBER 418, AND TRAVEL SOUTH 3686.76 FEET TO A POINT; THENCE NORTH 70 DEGREES 0 MINUTES WEST A DISTANCE OF 1096.92 FEET TO A POINT; THENCE NORTH 20 DEGREES 0 MINUTES EAST 200 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING, NORTH 20 DEGREES 0 MINUTES EAST 200 FEET TO A POINT; THENCE SOUTH 20 DEGREES 0 MINUTES WEST A DISTANCE OF 200 FEET TO A POINT; THENCE NORTH 76 DEGREES 0 MINUTES WEST A DISTANCE OF 200 FEET TO THE POINT OF BEGINNING. SAID LANDS BEING BOUND AS FOLLOWS: NORTH BY LANDS OF L. G. RENTZ, THERE BEING AN ESTABLISHED LINE; EAST BY LANDS OF CHARLES STONE; SOUTH BY LANDS OF JUNIOR ROWELL; AND, WEST BY LANDS OF L. G. RENTZ, THERE BEING AN ESTABLISHED LINE.
REFERENCE IS HEREBY MADE TO A PLAT OF SAID LANDS DATED JULY 3, 1969, MADE BY ALLEN T. BEACH, SURVEYOR, FOR A MORE DEFINITE AND ACCURATE DESCRIPTION OF SAID LANDS.
MAP AND PARCEL NO. 2A/12.
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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention: Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, Fax 407-737-5693. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Joe Wade Knight and Robyn D. Knight or a tenant or tenants and said property is more commonly known as 78 Hilton Hesters Road, Hazlehurst, GA 31539.
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.
OCWEN LOAN SERVICING, LLC
As Attorney in Fact for Joe Wade Knight and Robyn D. Knight
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 015127

dated February 15, 2005, recorded February 17, 2005, in Deed Book 400, Page 598, as modified in Modification, dated October 15, 2009, recorded November 2, 2009, in Deed Book 462, Page 695, Appling County, Georgia Superior Court Records (collectively “Security Deed”), given to secure a Note from Diversified Traffic Services, Inc., to Lender, dated October 15, 2009, maturity date of September 15, 2012, in the original principal amount of $621,926.89 (“Note”), there will be sold by the undersigned at public outcry, between the hours of 10:00 AM and 4:00 PM before the Courthouse door of Appling County, Georgia, in Baxley, Georgia, on the first Wednesday in January, 2013, to the highest and best bidder for cash, the following described property:
TRACT ONE:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 18.94 acres, more or less, of Lot of Land No. 227, and being more particularly described as follows: Starting at the Northwest corner of Land Lot No. 227 as the Point of Beginning; thence proceed North 90º00' East 783.59 feet to a point; thence run South 0º00’ West 1145.10 feet to a point; thence run South 90º00' West 201.59 feet to a point; thence run North 00º00' East 210.0 feet to a point; thence run South 90º00' West 210.0 feet to a point; thence run South 0º00' West 210.0 feet to a point; thence run South 90º00' West 259.0 feet to a point; thence run South 0º00' West 39.50 feet to a point; thence run South 90'00' West 113.0 feet to a point; thence run North 0º00’ East 1145.10 feet to a point, being the Point of Beginning, all as shown as TRACT "A" of a plat of survey by Merlin J. Tomberlin, G.R.L.S. 2477, dated February 3, 1997, incorporated herein by reference for a more full and complete description and all other legal purposes, a copy of which is recorded in Plat Book 14, Page 263, Appling County records.
TRACT TWO:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 18.94 acres, more or less, of Lot of Land No, 227, and being more particularly described as follows: Starting at the Northwest corner of Land Lot No. 227; thence North 90º00' East a distance of 783.59 feet to the Point of Beginning; thence proceed North 90º00' East 746.62 feet to a point; thence run South 0º00' West 1145.10 feet to a point located on the northerly right-of-way of County Road 68; thence run along the northerly right-of-way of County Road 68 South 90º00' West 746.62 feet to a point; thence run North 0º00' East 1145.10 feet to a point, being the Point of Beginning, all as shown as TRACT "B" of a plat of survey by Merlin J. Tomberlin, G.R.L.S. 2477, dated February 3, 1997, incorporated herein by reference for a more full and complete description and all other legal purposes, a copy of which is recorded in Plat Book 14, Page 263, Appling County records.
TRACT THREE:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 18.94 acres, more or less, of Lot of Land No. 227, and bounded now or formerly as follows: East by Ed Igou; South in part by Ed Igou and in part by County Road 68; West by Tract B as shown on the hereinafter described plat; and North by the northern original land lot line of said Land Lot No. 227, this property being more particularly described as TRACT C on a plat of survey by Merlin J. Tomberlin, Ga. Reg. Land Surveyor No. 2477, dated February 3, 1997, incorporated herein by reference for a more full and complete description and all other legal purposes, a copy of which is recorded in Plat Book 14, Page 263, Appling County records.
TRACT FOUR:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of one (1) acre, more or less, of Lot of Land No. 227, and being bound as follows: Westerly, Northerly and Easterly by Tract A on the hereinafter referred to plat and southerly by County Road 68. This property is more particularly described as TRACT "D" of a plat of survey by Merlin J. Tomberlin, Ga. Reg. Land Surveyor No. 2477, dated February 3, 1997, incorporated herein by reference for a more full and complete description and all other legal purposes, a copy of which is recorded in Plat Book 14, Page 263, Appling County records.
Together with all and singular the rights, members and appurtenances thereof (together with heating, plumbing, lighting, water heating, refrigerating, and air-conditioning fixtures, screens, awnings, flowers, shrubs, and timber, at the time the Security Deed was given, or thereafter, placed in or growing on said premises, all of which are hereby declared to be a part of said realty.
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 Note when due. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by said Security Deed, accrued interest and expenses of the sale, including attorney's fees.
To the best of the undersigned's knowledge and belief the property is in the possession of Arlene H. Howard and/or Sarah B. Varnadore fka Sarah Holcomb, and said property will be sold as their property, subject to any outstanding ad valorem taxes, assessments, and liens or interests superior to the Security Deed first set out above. The undersigned will execute a deed to the purchaser at said sale as provided in said Security Deed.
The following information is being provided in accordance with OCGA § 44-14-162.2. PrimeSouth Bank, 530 Memorial Drive, Waycross, GA 31501, telephone number (912) 283-6685, is the original creditor for this debt and is the entity, which has the authority to negotiate, amend, or modify the terms of the Security Deed.
PrimeSouth Bank
as Attorney-in-Fact for
Arlene H. Howard and
Sarah B. Varnadore fka Sarah Holcomb
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Robert M. Cunningham
HUNTER, MACLEAN, EXLEY & DUNN, P.C.
777 Gloucester Street, Suite 400
Brunswick, Georgia 31520
(912) 262-5996

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

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 OF DRAFT PART 70 OPERATING PERMIT MODIFICATION
STATE OF GEORGIA
COUNTY OF APPLING
To All Interested Parties:
The Georgia Environmental Protection Division announces its intent to modify Part 70 Air Quality Operating Permit No. 2421-001-0005-V-04-0 issued to Rayonier Wood Products LLC ╨ Baxley Sawmill by the issuance of Permit Amendment No. 2421-001-0005-V-04-1. The facility is located at 1830 Golden Isles East, Baxley, Georgia. The main purpose of this permit amendment is to convert the existing lumber dry kiln with ID No. KL02 from steam-heated batch operation to direct-fired continuous operation and remove Existing Lumber Dry Kiln KL03 and existing Boiler PB01, which will increase volatile organic compounds emissions by approximately 38.7 tons per year (tpy) and will decrease particulate matter (PM), PM10, PM2.5, sulfur dioxide, nitrogen oxides, carbon monoxide total hazardous air pollutants, and greenhouse gases emission by approximately 5.70 tpy, 5.50 tpy, 5.50 tpy, 2.41 tpy, 47.4 tpy, 58.1 tpy, and 6.84 tpy and 19,300 tpy, respectively. The Georgia Environmental Protection Division (EPD) has prepared this Title V Operating Permit Amendment in accordance with Title V of the Clean Air Act. This permit amendment will be enforceable by the Georgia EPD, the U.S. Environmental Protection Agency, and other persons as otherwise authorized by law.
The draft permit amendment and all information used to develop the draft permit amendment are available for review. This includes the application and all other relevant materials available to the permitting authority. This information is available for review at the office of the Air Protection Branch, 4244 International Parkway, Atlanta Tradeport ╨ Suite 120, Atlanta, Georgia 30354. Copies of the draft permit, narrative, and permit application will be available on our Internet site, http//www.georgiaair.org/airpermit/html/permits/draft.html. (Please note that the Internet is generally accessible from most public libraries in Georgia.)
If copies are desired, a copying machine for public use is provided by EPD at the Atlanta Air Protection Branch office. There will be a copying charge of $0.10 per page. Copies will be made on a first-come, first-served basis. Files are available for review and copying 8:30 a.m. to 4:00 p.m., Monday-Friday, excluding holidays.
You are hereby notified of the opportunity to submit written public comments concerning the draft Part 70 Operating Permit Modification. Persons wishing to comment on the draft Part 70 Operating Permit Modification are required to submit
their comments, in writing, to EPD at the above Atlanta Air Protection Branch office. Comments must be received by the EPD no later than 30 days after the date on which this notice is published in the newspaper. (Should the comment period end on weekend or holiday, comments will be accepted up until the next working day.) The Division, in making its final decision to issue the Part 70 permit, will consider all comments received on or prior to that date.
Any requests for a public hearing must be made within the 30-day public comment period. A request for a hearing should be in writing and should specify, in as much detail as possible the air quality related issues that constitute the basis for the request. Where possible, the individual making the request should also identify the portion(s) of the Georgia Rules for Air Quality Control and/or the Federal Rules that the individual making the request is concerned may not have been adequately incorporated into the draft permit. If a public hearing on the draft Title V Operating Permit is to be held, the date, time, and location of the hearing will be provided by a subsequent separate public notice. At such hearing, anyone may present data, make a statement or comment, or offer a viewpoint or argument either orally or in writing concerning the draft Title V permit. Any information received during a public hearing will be considered by the Division along with all other information received during the comment period when making its final decision to issue Title V permit amendment.
Following this 30-day public comment period, the EPD will consider all comments, make any necessary changes, and issue a proposed permit amendment to U.S. EPA. The proposed permit amendment will then undergo a 45 day review by U.S. EPA in accordance with 40 CFR 70.8. Information pertaining to U.S. EPA╒s review period can be found on their website at www.epa.gov/region4/air/permits.
After the EPA review period has expired, the EPD will issue a final Part 70 Operating Permit Amendment incorporating any changes required by U.S. EPA. Copies of the final Title V Operating Permit, comments received, EPD╒s responses to comments, and any other relevant information will then be made available for public review during normal business hours at the office of the Air Protection Branch. A summary of comments and any changes made to the final permit will be found in an addendum to the narrative. A copy of this narrative and the final title V permit will be added to the information already available at the Internet address given above.
For additional information, contact the manager of the Stationary Source Permitting Program, at the Atlanta address, or by phone at 404/363-7000. Please refer to this notice when requesting information.
12-5ch

The Housing Authority of the City of Baxley has developed its Public Housing Agency Plan in compliance with the Quality Housing and Work Responsibility Act of 1998. The Baxley Housing Authority Board of Commissioners will conduct a Public Hearing January 11, 2013 at 8:30 a.m. at the Community Building located in the rear of the main office located at 88 Highland Drive, Baxley, Georgia.
The purpose of the hearing is to discuss the Agency Plan and to invite public comment regarding the plan. A draft copy of the plan is available for review prior to the meeting at the above address. The Housing Authority hours of operation are 8:00 a.m. to 4:00 p.m., Monday through Friday.
For additional information concerning the public hearing, please call 912-367-2572. Persons with hearing or speech impairment may access via TTY by calling 912-367-2572.
Should any public housing resident require transportation or special accommodations in order to attend this meeting, please contact the Housing Authority.
12-5 & 12-19

Because of default in the payment of a note secured by a deed to secure debt executed by Joseph Elliott Carter, a/k/a J. Elliott Carter and John C. Carter to Montgomery Bank & Trust, dated March 10, 2008, recorded in Deed Book 442, pages 426-429, Appling County records, with a Hypothecation Security Agreement from John C. Carter to Joseph Elliott Carter, a/k/a J. Elliott Carter dated March 10, 2008, and a Deed to Secure Debt from Joseph Elliott Carter, a/k/a J. Elliott Carter to Montgomery Bank & Trust dated March 10, 2008, recorded in Deed Book 443, pages 185-189, aforesaid records, the FDIC, as Receiver for Montgomery Bank & Trust, by virtue of a Consent Order entered In The Matter of Montgomery Bank & Trust, Superior Court of Montgomery County, State of Georgia, Civil Action File No. 12CV094, declared the full unpaid amount of the indebtedness referred to due and payable and, acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Wednesday in January, 2013, during the legal hours of sale at the Appling County Courthouse, sell at public outcry to the highest bidder for cash, the lands described in said deed, to-wit:
TRACT 1
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 163.48 acres, more or less of Land Lot No, 488, being bounded, now or formerly as follows: North by Tract B-6 on the hereinafter referenced plat; East by Fireline.Rood; South by Altamaha School Road; and West in part by Tract B-1 and in part by Tract B-2A on the hereinafter referenced plat. Said tract of land being more particularly described as Tract 13-8 on that certain survey and plat thereof by R. Bayne Stone, Registered Land Surveyor No. 2440, recorded in Plot Book 17, Page 22, in the Office of the Clerk of Superior Court of Appling County, Georgia.
Said plat being incorporated herein and made a part hereof for all purposes.
TRACT 2
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 117.92 acres, more or loss of Land Lot No. 521, being bounded, now or formerly as follows: North by Leroy Sharpe Road; East by Fireline Road; South by Tract B-7 on the hereinafter referenced plat; and West by Tract B-2B on the hereinafter referenced plat. Said tract of land being more particularly described as Tract B-6 on that certain survey and plat thereof by R. Bayne Stone, Registered Land Surveyor No. 2440, recorded in Plat Book 17, Page 22, in the Office of the Clerk of Superior Court of Appling County, Georgia.
Said plat being incorporated herein and made a part hereof for all purposes.
Tract 3
All that tract or parcel of land lying and being in Land Lot No. 325 of the Second Land District of Appling County, Georgia consisting of 266.54 acres, more or less, and being more particularly described as follows: BEGINNING at the southwest corner of the said Land Lot 325, thence North 00 degrees 17 minutes 09 seconds West a distance of 3394.02 feet to a point; thence North 90 degrees 00 minutes East a distance of 1562.89 feet to a point; thence North 89 degrees 49 minutes 26 seconds East a distance of 980.03 feet to a point; thence South 00 degrees 00 minutes 08 seconds West a distance of 4965.56 feet to a point; thence north 89 degrees 53 minutes 24 seconds West a distance of 2958.18 feet to the Point of Beginning.
Said tract of land being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by Merlin J. Tomberlin, Appling County Surveyor, dated December 1, 1988 and recorded in the Office of the Clerk of Superior Court of Appling County in Plat Book 11, page 424, and incorporated herein for a more full and complete description and all other purposes.
This being the same property conveyed from Bobby C. Head, Betty Jo H. Daniels and Mary Jean Harrison to Appling Farms, Inc. by deed dated December 12, 1988, recorded in Deed Book 238, Page 330, in the Office of the Clerk of Superior Court of Appling County, Georgia.
Said property is to be sold subject to any outstanding ad valorem taxes (including taxes, which are liens, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens and encumbrances, zoning ordinances, restrictions, covenants and matters superior to the aforesaid Deed to Secure Debt first set out above.
The undersigned will execute a deed to the purchaser as authorized by the aforementioned debt deed.
This the 27th day of November, 2012.
FDIC, as Receiver for Montgomery Bank & Trust, as Attorney in Fact for Joseph Elliott Carter, a/k/a J. Elliott Carter and John C. Carter
BROWN ROUNTREE PC
P. O. BOX 1988
STATESBORO, GEORGIA 30459
12-5, 12-12, 12-19, 2-19 & 12-26ch

ESTATE NO. 2012-112
NOTICE OF PETITION TO FILE FOR YEAR’S SUPPORT
The petition of DOLORES JANE CONDON, for a year’s support from the estate of RICHARD THOMAS CONDON, deceased, for decedent’s surviving spouse, having been duly filed all interested persons are hereby notified to show cause, if any they have, on or before December 31 at 10:00 a.m., 2012, 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 on or before the time stated in the preceding sentence. 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 held on January 14 at 10:00 a.m., 2012 in the Probate Court of the above named County, courtroom, (address) 36 S. Main St., Baxley, GA 31513. 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
12-5, 12-12, 12-19 & 12-26

"The undersigned hereby certify that they are conducting a business at 40 Technology Pkwy. South, #300 in the City of Norcross, County of Gwinnett, State of Georgia under the name of Google, and that the nature of the business is Internet commerce, and that said business is composed of the following corporations: Google Data, Inc., Google Information Inc., and Google Comparison Inc., all located at 1600 Amphitheatre Pkwy., Mountain View, CA, 94043."
12-5 & 12-12ch

"Notice is given that Articles of Incorporation which will incorporate URBAN BITES, INC. will be delivered to the secretary of State for filing in accordance with the Georgia Business Corporation Code (O.C.G.A. 14-2-201.1).
The initial registered office of the corporation will be located at 18A Luckie Street, Baxley, Ga. 31513. Its registered agent is MICKEY SMITH whose address is 18A Luckie Street, Baxley, GA 31513."
11-28 & 12-5ch