Under and by virtue of the Power of Sale contained in a Security Deed given by Frank L. Gilcrease to YOUR-BEST-RATE FINANCIAL, L.L.C., dated July 09, 2004, recorded in Deed Book 393, Page 113, Appling County, Georgia records, as last transferred to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004 MASTR ASSET-BACKED SECURITIES TRUST 2004-WMC3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-WMC3 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 NINETY-TWO THOUSAND FIVE HUNDRED TWENTY AND 00/100 DOLLARS ($92,520.00); 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 July, 2012 the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE SECOND LAND DISTRICT OF APPLING COUNTY, GEORGIA, CONSISTING OF TWO (2) ACRES, MORE OR LESS, OF LOT OF LAND NO. 341 AND BEING BOUND AS FOLLOWS; NORTH BY LANDS OF C.J. RAY; EAST BY LANDS OF R. FLEMING: SOUTH BY FLEMING STREET; AND WEST BY LANDS OF HENRY HUDSON, SAID LANDS BEING MORE COMPLETELY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH RIGHT OF WAY LINE OF FLEMING STREET WHICH POINT IS SOUTH 72 DEGREES 30 MINUTES EAST, A DISTANCE OF 261 FEET FROM THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF FLEMING STREET, WITH THE EAST RIGHT OF WAY LINE OF U .W. HWY. NO. 1 AND RUNNING FROM SAID POINT OF BEGINNING NORTH 11 DEGREES 0 MINUTES WEST FOR A DISTANCE OF 200 FEET; THENCE TURNING AND RUNNING NORTH 72 DEGREES 30 MINUTES WEST FOR A DISTANCE OF 420 FEET TO THE POINT OF BEGINNING. SAID LAND BEING MORE ACCURATELY DESCRIBED ACCORDING TO A PLAT OF SURVEY BY ALLEN T. BEACH, COUNTY SURVEYOR, DATED SEPTEMBER 23, 1967. A COPY OF SAID PLAT BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES.
TAX ID# B003-033
K L. GILCREASE
65 FLEMING DR.
BAXLEY, GA 31513-7842
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, 877-596-8580. 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 Frank L. Gilcrease or a tenant or tenants and said property is more commonly known as 65 Fleming Drive, Baxley, GA 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004 MASTR ASSET-BACKED SECURITIES TRUST 2004-WMC3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-WMC3
As Attorney in Fact for Frank L. Gilcrease
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 012752
6-6, 6-13, 6-20 & 6-27ch
gpn11 NOTICE OF SALE UNDER POWER GEORGIA, APPLING COUNTY THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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