Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by FRANK L. GILCREASE to YOUR-BEST-RATE FINANCIAL, L.L.C., dated JULY 09, 2004, and 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 IN DEED BOOK 446, PAGE 802, APPLING COUNTY, GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $92,520.00, with interest at the rate specified therein, there will be sold by the undersigned 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 May, 2013, to wit: May 07, 2013, 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 Deed to Secure Debt 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 Deed to Secure Debt. 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 the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 65 FLEMING DRIVE, BAXLEY, GA 31513, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): FRANK L. GILCREASE or tenant or tenants.
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 record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Pursuant to O.C.G.A. Section 44-14-162.2, 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
The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being
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
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
4-10, 4-17, 4-24 & 5-1ch