Under and by virtue of the Power of Sale contained in a Security Deed given by William H Smith and Sandra Smith to Mortgage Electronic Registration Systems, Inc., dated July 24, 2007, recorded in Deed Book 434, Page 512, Appling County, Georgia Records, as last transferred to Bank of America, N.A., successor by merger to BAC Home Loans, Servicing, LP, fka Countrywide Home Loans Servicing, LP by assignment recorded in Deed Book 481, Page 142, Appling County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND AND 0/100 DOLLARS ($126,000.00), 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 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.
Bank of America, N.A., successor by merger to BAC Home Loans, Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP 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: Bank of America, N.A., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5100. To the best knowledge and belief of the undersigned, the party in possession of the property is William H Smith and Sandra Smith or a tenant or tenants and said property is more commonly known as 285 Gail St, 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.
Bank of America, N.A., successor by merger to BAC Home Loans, Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP as Attorney in Fact for William H Smith and Sandra Smith
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/kc9 12/4/12
Our file no. 5855812-FT14
EXHIBIT "A" All of the following described property, to wit: All that tract or parcel of land lying and being in Land Lot No. 283 of the Second Land District of Appling County, Georgia, and being more particularly described as follows: Commencing at the intersection of the easterly right of way of Gail Street (55' R/ W) with the southerly right of way of Second Avenue (55'R/W) and from said point run South 32 degrees 20 minutes East a distance of 140 feet to the Point of Beginning. Thence North 57 degrees 40 minutes East a distance of 200 feet to a point; thence South 32 degrees 20 minutes East a distance of 140 feet to a point; thence South 57 degrees 40 minutes West a distance of 200 feet to a point located on the easterly right of way of Gail Street; thence North 32 degrees 20 minutes West along and with said right of way a distance of 140 feet to the Point Of Beginning. This property being now or formerly bound as follows: North by lands of Curtis M. Smith and Dinah S. Smith; East by lands of E.C. Reeves; South by lands of Earl Griffis; and West by Gail Street. This description according to a survey and plat thereof by Denean W. Dixon, G.R.L.S. No 1647, dated April 6, 1998, recorded in the office of the Clerk of Superior Court, Appling County, Georgia, Plat Book 14, page 423. Said plat is incorporated herein by reference for a more full and complete description and all other legal purposes. Parcel Number J002-055
MR/kc9 12/4/12
Our file no. 5855812 - FT14
11-7, 11-14, 11-21 & 11-28ch
gpn11 STATE OF GEORGIA COUNTY OF APPLING NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT
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
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
gpn11 STATE OF GEORGIA COUNTY OF APPLING NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of Sale contained in a Security Deed given by Helen Brigman Thomas to United Mortgage Corporation, dated September 5, 2008, recorded on December 8, 2008 in Deed Book 452, Page 566, said Security Deed having been last sold, assigned, transferred and conveyed to OneWest Bank, FSB by Assignment conveying the after-described property to secure a Note in the original principal amount of $142,500.00, with interest thereon as set forth therein, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on December 4, 2012 during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia consisting of 12.24 acres, more or less, of Land Lot No. 574, being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by Merlin J. Tomberlin, GRLS #2477, dated 12/19/94, recorded at Deed Book 283, Page 755, Appling County, Georgia Deed Records, which is incorporated herein and made a part hereof for descriptive and all other legal purposes. Said tract is conveyed subject to a life estate in Lois Y. Beasley. Conveyed herewith also is Grantors interest in that certain access easement at Book 283, Page 754, Appling County, Georgia Deed Records.
Less and Except those premises conveyed to Greg Thomas by deed dated 7/29/05 recorded 7/29/05 in Book 406 Page 134 bounded and described as follows: all that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia consisting of 4.790 acres, more or less, of Land Lot No. 574, being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by M. Jerry Tomberlin, GRLS #2942, dated 7/08/2005, recorded at Plat Book 18, Page 76, Appling County, Georgia Deed Records, which is Incorporated herein and made a part hereof for descriptive and all other legal purposes.
184 Rock Lake Road, Baxley, GA 31513
Said property is known as 184 Rock Lake Road, Baxley, Georgia., together with all fixtures and personal property attached to and constituting a party of said property, if any.
Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a).
Said property will be sold as the property of Helen Brigman Thomas, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Helen Brigman Thomas or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, 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 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.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation of the audit of the status of the loan as provided immediately above.
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, without limitation, attorneys` fees. Notice has been given of intention to collect attorneys` fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law.
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: Financial Freedom Senior Funding Corporation 7700 W. Parmer Lane, Bldg. D, Austin, TX 78729 Phone Number: (800) 441-4428. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
OneWest Bank, FSB
as Attorney in Fact for
Helen Brigman Thomas
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
The Baxley News Banner
Publication Dates:11-07-2012, 11-14-2012, 11-21-2012, 11-28-2012
File No. 12-07523
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
11-7, 11-14, 11-21 & 11-28ch
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia consisting of 12.24 acres, more or less, of Land Lot No. 574, being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by Merlin J. Tomberlin, GRLS #2477, dated 12/19/94, recorded at Deed Book 283, Page 755, Appling County, Georgia Deed Records, which is incorporated herein and made a part hereof for descriptive and all other legal purposes. Said tract is conveyed subject to a life estate in Lois Y. Beasley. Conveyed herewith also is Grantors interest in that certain access easement at Book 283, Page 754, Appling County, Georgia Deed Records.
Less and Except those premises conveyed to Greg Thomas by deed dated 7/29/05 recorded 7/29/05 in Book 406 Page 134 bounded and described as follows: all that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia consisting of 4.790 acres, more or less, of Land Lot No. 574, being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by M. Jerry Tomberlin, GRLS #2942, dated 7/08/2005, recorded at Plat Book 18, Page 76, Appling County, Georgia Deed Records, which is Incorporated herein and made a part hereof for descriptive and all other legal purposes.
184 Rock Lake Road, Baxley, GA 31513
Said property is known as 184 Rock Lake Road, Baxley, Georgia., together with all fixtures and personal property attached to and constituting a party of said property, if any.
Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a).
Said property will be sold as the property of Helen Brigman Thomas, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Helen Brigman Thomas or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, 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 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.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation of the audit of the status of the loan as provided immediately above.
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, without limitation, attorneys` fees. Notice has been given of intention to collect attorneys` fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law.
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: Financial Freedom Senior Funding Corporation 7700 W. Parmer Lane, Bldg. D, Austin, TX 78729 Phone Number: (800) 441-4428. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
OneWest Bank, FSB
as Attorney in Fact for
Helen Brigman Thomas
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
The Baxley News Banner
Publication Dates:11-07-2012, 11-14-2012, 11-21-2012, 11-28-2012
File No. 12-07523
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
11-7, 11-14, 11-21 & 11-28ch
gpn11 NOTICE OF SALE UNDER POWER COUNTY OF APPLING STATE OF GEORGIA
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
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
gpn11 NOTICE OF SALE UNDER POWER
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
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
gpn11 NOTICE OF SALE UNDER POWER GEORGIA, APPLING COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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
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
gpn17 NOTICE
"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 A.M. 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 & 11-21ch
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 & 11-21ch
gpn18 IN THE PROBATE COURT COUNTY OF APPLING STATE OF GEORGIA IN RE: ESTATE OF WINSTON D. JOHNSON, DECEASED
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
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
gpn12 GEORGIA, APPLING COUNTY SHERIFF'S SALE ADVERTISEMENT
Pursuant to judgment and fi.fa. issued by the Superior Court of Appling County entered in the case designated as Civil Action No. 2008-4-165C and in favor of R. W. Griffin Feed, Seed and Fertilizer, Inc., Plaintiff v. Michael S. Sellers and Earnest S. Sellers, which fi.fa. is recorded in Lien Book 23, Page 577 in the Office of the Clerk of Superior Court of Appling County, Georgia, the below described property will be sold at public auction to the highest and best bidder for cash, between the legal hours of sale before the courthouse door in Baxley, Appling County, Georgia, on the first Tuesday in December, being December 4, 2012:
All that tract or parcel of land situate, lying and being in the Second Land District of Appling County, Georgia, consisting of 132 acres, more or less, of lot of land No. 471, being bound: North by an established line which commences at a point on the West original lot line of said lot located a distance of 2413.86 feet southward as measured along said West lot line from the Northwest lot corner of said lot, thence South 88 degrees 44 minutes 27 seconds East a distance of 2396.84 feet to lands of Howard Miller, this line dividing from lands of J.E. Seller, East by lands of Howard Miller: South by the original lot line of said lot line of said lot, and West by the original lot line of said lot. This is the Southern portion of a tract of land conveyed from Ernest S. Sellers, Executor on the estate of E.E. Sellers, deceased, to Ernest Swain Sellers and James Edward Sellers by deed dated September 29, 1973, and is more particularly described in accordance with a survey and plat thereof by Denean
W. Dixon & Associates, Surveyors, dated September 12, 1975, recorded in Plat Book No. 8, page 86, of records on Office, Clerk of Superior Court, Appling County, Georgia.
LESS AND EXCEPT: All that tract or parcel of land situate, lying and being in the Second Land District of Appling County, Georgia, consisting of 6.792 acres, more or less, of lot of land No. 471, being described as follows: Commencing at an established point, which is the Northeastern corner of a tract of 132 acres, more or less, in said lot owned by Ernest Swain Sellers a distance of 67 feet to the Northern edge of a road; thence Southwestward and Westward along the Northern edge of said road for a distance of 1353.96 feet to an established point; thence North 1 degree 15 minutes 33 seconds for a distance of 229.2 feet; thence South 88 degrees 44 minutes 27 seconds East for a distance of 1306.7 feet to the point of beginning. Said tract of land is designated as "TRACT 1", "TRACT 2", and "TRACT 3" on a plat by Denean W. Dixon & Associates, Surveyor, dated September 12, 1975, recorded in Plat Book No. 8, page 86, of records in Office, Clerk of Superior Court, Appling County, Georgia.
The above property being a portion of that property obtained by Michael S. Sellers under that certain instrument recorded in Deed Book 415, Pages 107-108, Public Records, Appling County, Georgia.
Tax Map No. 0019-23
Said property having been found to be in the possession of Michael S. Sellers, and levied upon as property of the Defendant Michael S. Sellers in fi.fa.
Notice of the levy and sale has been given the Defendant Michael S. Sellers.
This the 31 day of October, 2012.
/s/ Benny DeLoach
Sheriff, Appling County, Georgia
11-7, 11-14, 11-21 & 11-28ch
All that tract or parcel of land situate, lying and being in the Second Land District of Appling County, Georgia, consisting of 132 acres, more or less, of lot of land No. 471, being bound: North by an established line which commences at a point on the West original lot line of said lot located a distance of 2413.86 feet southward as measured along said West lot line from the Northwest lot corner of said lot, thence South 88 degrees 44 minutes 27 seconds East a distance of 2396.84 feet to lands of Howard Miller, this line dividing from lands of J.E. Seller, East by lands of Howard Miller: South by the original lot line of said lot line of said lot, and West by the original lot line of said lot. This is the Southern portion of a tract of land conveyed from Ernest S. Sellers, Executor on the estate of E.E. Sellers, deceased, to Ernest Swain Sellers and James Edward Sellers by deed dated September 29, 1973, and is more particularly described in accordance with a survey and plat thereof by Denean
W. Dixon & Associates, Surveyors, dated September 12, 1975, recorded in Plat Book No. 8, page 86, of records on Office, Clerk of Superior Court, Appling County, Georgia.
LESS AND EXCEPT: All that tract or parcel of land situate, lying and being in the Second Land District of Appling County, Georgia, consisting of 6.792 acres, more or less, of lot of land No. 471, being described as follows: Commencing at an established point, which is the Northeastern corner of a tract of 132 acres, more or less, in said lot owned by Ernest Swain Sellers a distance of 67 feet to the Northern edge of a road; thence Southwestward and Westward along the Northern edge of said road for a distance of 1353.96 feet to an established point; thence North 1 degree 15 minutes 33 seconds for a distance of 229.2 feet; thence South 88 degrees 44 minutes 27 seconds East for a distance of 1306.7 feet to the point of beginning. Said tract of land is designated as "TRACT 1", "TRACT 2", and "TRACT 3" on a plat by Denean W. Dixon & Associates, Surveyor, dated September 12, 1975, recorded in Plat Book No. 8, page 86, of records in Office, Clerk of Superior Court, Appling County, Georgia.
The above property being a portion of that property obtained by Michael S. Sellers under that certain instrument recorded in Deed Book 415, Pages 107-108, Public Records, Appling County, Georgia.
Tax Map No. 0019-23
Said property having been found to be in the possession of Michael S. Sellers, and levied upon as property of the Defendant Michael S. Sellers in fi.fa.
Notice of the levy and sale has been given the Defendant Michael S. Sellers.
This the 31 day of October, 2012.
/s/ Benny DeLoach
Sheriff, Appling County, Georgia
11-7, 11-14, 11-21 & 11-28ch
NOTICE OF OPENING ON JUVENILE COURT
The position of part-time Judge of the Juvenile Courts of the Brunswick Judicial Circuit (who shall reside in Appling County) will be open as of December 31, 2012. Interested parties may apply for the position to the Chief Judge of the Superior Courts of the Brunswick Judicial Circuit, P.O. Drawer 1540, Hazlehurst, Georgia 31539-1540, prior to this date. Applicants must be at least 30 years of age, a resident of the State of Georgia for three years, and have practiced law for five years.
10-3, 11-7 & 12-5ch
10-3, 11-7 & 12-5ch
gpn11 NOTICE OF SALE UNDER POWER GEORGIA, APPLING COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by William H Smith and Sandra Smith to Mortgage Electronic Registration Systems, Inc., dated July 24, 2007, recorded in Deed Book 434, Page 512, Appling County, Georgia Records, as last transferred to Bank of America, N.A., successor by merger to BAC Home Loans, Servicing, LP, fka Countrywide Home Loans Servicing, LP by assignment recorded in Deed Book 481, Page 142, Appling County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND AND 0/100 DOLLARS ($126,000.00), 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 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.
Bank of America, N.A., successor by merger to BAC Home Loans, Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP 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: Bank of America, N.A., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5100. To the best knowledge and belief of the undersigned, the party in possession of the property is William H Smith and Sandra Smith or a tenant or tenants and said property is more commonly known as 285 Gail St, 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.
Bank of America, N.A., successor by merger to BAC Home Loans, Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP as Attorney in Fact for William H Smith and Sandra Smith
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/kc9 12/4/12
Our file no. 5855812-FT14
EXHIBIT "A" All of the following described property, to wit: All that tract or parcel of land lying and being in Land Lot No. 283 of the Second Land District of Appling County, Georgia, and being more particularly described as follows: Commencing at the intersection of the easterly right of way of Gail Street (55' R/ W) with the southerly right of way of Second Avenue (55'R/W) and from said point run South 32 degrees 20 minutes East a distance of 140 feet to the Point of Beginning. Thence North 57 degrees 40 minutes East a distance of 200 feet to a point; thence South 32 degrees 20 minutes East a distance of 140 feet to a point; thence South 57 degrees 40 minutes West a distance of 200 feet to a point located on the easterly right of way of Gail Street; thence North 32 degrees 20 minutes West along and with said right of way a distance of 140 feet to the Point Of Beginning. This property being now or formerly bound as follows: North by lands of Curtis M. Smith and Dinah S. Smith; East by lands of E.C. Reeves; South by lands of Earl Griffis; and West by Gail Street. This description according to a survey and plat thereof by Denean W. Dixon, G.R.L.S. No 1647, dated April 6, 1998, recorded in the office of the Clerk of Superior Court, Appling County, Georgia, Plat Book 14, page 423. Said plat is incorporated herein by reference for a more full and complete description and all other legal purposes. Parcel Number J002-055
MR/kc9 12/4/12
Our file no. 5855812 - FT14
11-7, 11-14, 11-21 & 11-28ch
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.
Bank of America, N.A., successor by merger to BAC Home Loans, Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP 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: Bank of America, N.A., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5100. To the best knowledge and belief of the undersigned, the party in possession of the property is William H Smith and Sandra Smith or a tenant or tenants and said property is more commonly known as 285 Gail St, 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.
Bank of America, N.A., successor by merger to BAC Home Loans, Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP as Attorney in Fact for William H Smith and Sandra Smith
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/kc9 12/4/12
Our file no. 5855812-FT14
EXHIBIT "A" All of the following described property, to wit: All that tract or parcel of land lying and being in Land Lot No. 283 of the Second Land District of Appling County, Georgia, and being more particularly described as follows: Commencing at the intersection of the easterly right of way of Gail Street (55' R/ W) with the southerly right of way of Second Avenue (55'R/W) and from said point run South 32 degrees 20 minutes East a distance of 140 feet to the Point of Beginning. Thence North 57 degrees 40 minutes East a distance of 200 feet to a point; thence South 32 degrees 20 minutes East a distance of 140 feet to a point; thence South 57 degrees 40 minutes West a distance of 200 feet to a point located on the easterly right of way of Gail Street; thence North 32 degrees 20 minutes West along and with said right of way a distance of 140 feet to the Point Of Beginning. This property being now or formerly bound as follows: North by lands of Curtis M. Smith and Dinah S. Smith; East by lands of E.C. Reeves; South by lands of Earl Griffis; and West by Gail Street. This description according to a survey and plat thereof by Denean W. Dixon, G.R.L.S. No 1647, dated April 6, 1998, recorded in the office of the Clerk of Superior Court, Appling County, Georgia, Plat Book 14, page 423. Said plat is incorporated herein by reference for a more full and complete description and all other legal purposes. Parcel Number J002-055
MR/kc9 12/4/12
Our file no. 5855812 - FT14
11-7, 11-14, 11-21 & 11-28ch
gpn11 STATE OF GEORGIA COUNTY OF APPLING NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT
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
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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
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gpn11 STATE OF GEORGIA COUNTY OF APPLING NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of Sale contained in a Security Deed given by Helen Brigman Thomas to United Mortgage Corporation, dated September 5, 2008, recorded on December 8, 2008 in Deed Book 452, Page 566, said Security Deed having been last sold, assigned, transferred and conveyed to OneWest Bank, FSB by Assignment conveying the after-described property to secure a Note in the original principal amount of $142,500.00, with interest thereon as set forth therein, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on December 4, 2012 during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia consisting of 12.24 acres, more or less, of Land Lot No. 574, being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by Merlin J. Tomberlin, GRLS #2477, dated 12/19/94, recorded at Deed Book 283, Page 755, Appling County, Georgia Deed Records, which is incorporated herein and made a part hereof for descriptive and all other legal purposes. Said tract is conveyed subject to a life estate in Lois Y. Beasley. Conveyed herewith also is Grantors interest in that certain access easement at Book 283, Page 754, Appling County, Georgia Deed Records.
Less and Except those premises conveyed to Greg Thomas by deed dated 7/29/05 recorded 7/29/05 in Book 406 Page 134 bounded and described as follows: all that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia consisting of 4.790 acres, more or less, of Land Lot No. 574, being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by M. Jerry Tomberlin, GRLS #2942, dated 7/08/2005, recorded at Plat Book 18, Page 76, Appling County, Georgia Deed Records, which is Incorporated herein and made a part hereof for descriptive and all other legal purposes.
184 Rock Lake Road, Baxley, GA 31513
Said property is known as 184 Rock Lake Road, Baxley, Georgia., together with all fixtures and personal property attached to and constituting a party of said property, if any.
Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a).
Said property will be sold as the property of Helen Brigman Thomas, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Helen Brigman Thomas or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, 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 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.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation of the audit of the status of the loan as provided immediately above.
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, without limitation, attorneys` fees. Notice has been given of intention to collect attorneys' fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law.
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: Financial Freedom Senior Funding Corporation 7700 W. Parmer Lane, Bldg. D Austin, TX 78729 Phone Number: (800) 441-4428. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
OneWest Bank, FSB
as Attorney in Fact for
Helen Brigman Thomas
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
The Baxley News Banner
Publication Dates:11-07-2012, 11-14-2012, 11-21-2012, 11-28-2012
File No. 12-07523
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia consisting of 12.24 acres, more or less, of Land Lot No. 574, being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by Merlin J. Tomberlin, GRLS #2477, dated 12/19/94, recorded at Deed Book 283, Page 755, Appling County, Georgia Deed Records, which is incorporated herein and made a part hereof for descriptive and all other legal purposes. Said tract is conveyed subject to a life estate in Lois Y. Beasley. Conveyed herewith also is Grantors interest in that certain access easement at Book 283, Page 754, Appling County, Georgia Deed Records.
Less and Except those premises conveyed to Greg Thomas by deed dated 7/29/05 recorded 7/29/05 in Book 406 Page 134 bounded and described as follows: all that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia consisting of 4.790 acres, more or less, of Land Lot No. 574, being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by M. Jerry Tomberlin, GRLS #2942, dated 7/08/2005, recorded at Plat Book 18, Page 76, Appling County, Georgia Deed Records, which is Incorporated herein and made a part hereof for descriptive and all other legal purposes.
184 Rock Lake Road, Baxley, GA 31513
Said property is known as 184 Rock Lake Road, Baxley, Georgia., together with all fixtures and personal property attached to and constituting a party of said property, if any.
Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a).
Said property will be sold as the property of Helen Brigman Thomas, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Helen Brigman Thomas or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, 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 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.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation of the audit of the status of the loan as provided immediately above.
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, without limitation, attorneys` fees. Notice has been given of intention to collect attorneys' fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law.
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: Financial Freedom Senior Funding Corporation 7700 W. Parmer Lane, Bldg. D Austin, TX 78729 Phone Number: (800) 441-4428. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
OneWest Bank, FSB
as Attorney in Fact for
Helen Brigman Thomas
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
The Baxley News Banner
Publication Dates:11-07-2012, 11-14-2012, 11-21-2012, 11-28-2012
File No. 12-07523
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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gpn11 NOTICE OF SALE UNDER POWER COUNTY OF APPLING STATE OF GEORGIA
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
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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
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gpn11 NOTICE OF SALE UNDER POWER
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
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
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