Legal Notices

Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by FRANK L. GILCREASE to YOUR-BEST-RATE FINANCIAL, L.L.C., dated JULY 09, 2004, and recorded in Deed Book 393, Page 113, Appling County, Georgia records, AS LAST TRANSFERRED TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004 MASTR ASSET-BACKED SECURITIES TRUST 2004-WMC3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-WMC3 BY ASSIGNMENT RECORDED IN DEED BOOK 446, PAGE 802, APPLING COUNTY, GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $92,520.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Appling County, Georgia, within the legal hours of sale on the first Tuesday in May, 2013, to wit: May 07, 2013, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE SECOND LAND DISTRICT OF APPLING COUNTY, GEORGIA, CONSISTING OF TWO (2) ACRES, MORE OR LESS, OF LOT OF LAND NO. 341 AND BEING BOUND AS FOLLOWS: NORTH BY LANDS OF C.J. RAY; EAST BY LANDS OF R. FLEMING: SOUTH BY FLEMING STREET; AND WEST BY LANDS OF HENRY HUDSON, SAID LANDS BEING MORE COMPLETELY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH RIGHT OF WAY LINE OF FLEMING STREET WHICH POINT IS SOUTH 72 DEGREES 30 MINUTES EAST, A DISTANCE OF 261 FEET FROM THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF FLEMING STREET, WITH THE EAST RIGHT OF WAY LINE OF U.W. HWY. NO. 1 AND RUNNING FROM SAID POINT OF BEGINNING NORTH 11 DEGREES 0 MINUTES WEST FOR A DISTANCE OF 200 FEET; THENCE TURNING AND RUNNING NORTH 72 DEGREES 30 MINUTES WEST FOR A DISTANCE OF 420 FEET TO THE POINT OF BEGINNING. SAID LAND BEING MORE ACCURATELY DESCRIBED ACCORDING TO A PLAT OF SURVEY BY ALLEN T. BEACH, COUNTY SURVEYOR, DATED SEPTEMBER 23,1967. A COPY OF SAID PLAT BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES.
TAX ID# B003-033
K L. GILCREASE
65 FLEMING DR.
BAXLEY, GA 31513-7842
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 65 FLEMING DRIVE, BAXLEY, GA 31513, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): FRANK L. GILCREASE or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is:
Ocwen Loan Servicing, LLC
Attention: Home Retention Department
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
Facsimile: 1-407-737-5693
The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004 MASTR ASSET-BACKED SECURITIES TRUST 2004-WMC3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-WMC3
as attorney in fact for
FRANK L. GILCREASE
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
AFC12-1561
4-10, 4-17, 4-24 & 5-1ch

By virtue of the Power of Sale contained in the Deed to Secure Debt from ROBERT F. BRAGAN to FNB South, dated December 8, 2005 recorded in Deed Book 411, pages 295-301, 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 May, 2013, the following described property:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 5.00 acres of Land Lot No. 227, and being more particularly described on that certain survey and plat thereof by Denean W. Dixon and Associates, dated November 11, 2005, which is recorded in Plat Book 18, Page 151, in the Office of the Clerk of Superior Court of Appling County, Georgia. Said plat being incorporated herein by reference and made a part hereof for all purposes.
Property address: 463 Igou Rd, Baxley, GA 31513
Map and Parcel # 0006-036
Said Deed to Secure Debt having been given to secure a note dated December 8, 2005 in the original principal amount of $20,159.50 and July 25, 2012 in the original principal amount of $42,737.18 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: Robert F. Bragan
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, 198 W. Parker St., Baxley, Georgia, 31513 phone # 912-367-0200, as to any negotiations, amendments or modification of the above stated Note.
This the 27th day of March, 2013.
FNB South as
Attorney-in-Fact for Robert F. Bragan
198 W. Parker St.
Baxley, GA 31513
912-367-0200
Jerome Adams
Attorney at Law
P. O. Box 1005
Douglas, GA 3l534
(912)384-7109
4-3, 4-10, 4-17 & 4-24

NOTICE TO DEBTORS AND CREDITORS
All creditors of the estate of CLAUDE TYRE, late of Appling County, Georgia, deceased, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to said estate.
This 21 day of March, 2013.
CHARLES A. TYRE
EXECUTOR/ADMINISTRATOR
518 Pineview Avenue
Baxley, Georgia 31513
912-367-9241
4-3, 4-10, 4-17 & 4-24ch

All creditors of the estate of PEGGY W. CHANCEY, deceased, late of Appling County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the estate.
This 21st day of March, 2013
JAYSON COLEMAN CHANCEY AND CHELEN ORIEN C. STRICKLAND,
EXECUTORS OF THE LAST WILL AND TESTAMENT
OF PEGGY W. CHANCEY, DECEASED
c/o Stephen E. Tillman
Attorney at Law
4 South Lee Street
Baxley, GA 31515
4-3, 4-10, 4-17 & 4-24ch

ESTATE NO. 2013-27
PETITION FOR LETTERS OF ADMINISTRATION NOTICE
TO: WHOM IT MAY CONCERN,
Rebecca Ruth Truett Weikel has petitioned to be appointed Administrator of the estate of BETTY RUTH TRUETT, 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 such objections and must be filed with the court on or before May 6 at 10:00 a.m., 2013. 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, a petition may be granted without a hearing.
Diane Hallman
Probate Judge
36 S. Main Street
Baxley, GA 31513
912-367-8114
4-10, 4-17, 4-24 & 5-1ch

All creditors of the estate of WAUNELL THORNTON, deceased, late of Appling County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the estate.
This 26th day of March, 2013.
SHIRLEY T. THORNTON
EXECUTOR OF THE LAST WILL AND TESTAMENT
OF WAUNELL THORNTON, DECEASED
c/o Stephen E. Tillman
Attorney at Law
4 South Lee Street
Baxley, GA 31515
4-10, 4-17, 4-24 & 5-1

CIVIL ACTION NO. 13-2-56C
PURSUANT TO OFFICIAL
STATE OF GEORGIA
Ex. Rel. JACKIE L. JOHNSON,
DISTRICT ATTORNEY,
BRUNSWICK JUDICIAL CIRCUIT
VS.
$13,453.00 IN U.S. CURRENCY,
Defendant in rem
TEMETRIUS JONES,
Potential Claimant.
NOTICE OF PROCEEDINGS
TO: TEMETRIUS JONES
c/o Harold McLendon, Esquire
P. O. Box 2003
Dublin, Georgia 31040
AND ANY AND ALL PERSONS HAVING CLAIMS TO THE ABOVE-DESCRIBED PROPERTY:
PLEASE TAKE NOTE that the above-styled complaint for forfeiture seeking the condemnation of the above-described property was filed in said Court on the 15th day of March, 2013, and by reason of an order entered by the Court on the 15th day of march, 2013, you are hereby commanded and required to file with the Clerk of said Court and serve upon Jackie L. Johnson, District Attorney, Brunswick Judicial Circuit, whose address is 37 Tippins Street, Suite C, Baxley, Georgia 31513, an answer to said complaint within thirty (30) days of the last date of publication of this Notice of Proceeding.
TAKE FURTHER NOTICE that at the expiration of thirty (30) days after the last date of publication of this Notice of Proceeding, if no claimant has appeared to defend said complaint, said Court shall order and direct the forfeiture and disposition of said property in such manner as is provided by law.
TAKE FURTHER NOTICE that hearing in the above-styled case has been set for the 7th day of May, 2013, at 9:30 o?clock A.M. in the Appling County Courthouse in Superior Court for Appling County.
WITNESS the Honorable E. M. Wilkes, III, Stephen G. Scarlett, Anthony L. Harrison, Stephen D. Kelley and Roger B. Lane, Judges of said Court.
This 15th day of MARCH, 2013
Ashley Mincey, Deputy Clerk
Superior Court
Brunswick Judicial Circuit
3-27, 4-3 & 4-10ch

By virtue of the Power of Sale contained in the Deed to Secure Debt from WILLIAM DEL ROSARIO to FNB South, dated June 14, 2006 recorded in Deed Book 417, pages 821-827, 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 May, 2013, the following described property:
All that tract or parcel of land lying and being in land Lot No. 526 of the Second Land District of Appling County, Georgia, consisting of 3.00 acres, more or less, being more particularly described as follows: Commencing at the northwest corner of Land Lot No. 526 thence South 44 degrees 21 minutes East a distance of 3845.27 feet to the POINT OF BEGINNING; thence South 16 degrees 25 minutes 25 seconds East a distance of 374.72 feet to a point; thence South 65 degrees 25 minutes 50 seconds West a distance of 150.00 feet to a point; thence South 77 degrees 44 minutes 30 seconds West a distance of 119.12 feet to appoint; thence South 60 degrees 08 minutes 20 seconds West a distance of 63.85 feet to a point; thence North 24 degrees 50 minutes 35 seconds West a distance of 60.23 feet to a point; thence North 24 degrees 50 minutes 35 seconds West a distance of 296.54 feet to a point; thence North 66 degrees 13 minutes 35 seconds East a distance of 384.81 feet to the Point of Beginning
Said Property being more particularly shown and described according to a survey and plat thereof by Denean W. Dixon, GRLS No. 1647, dated march 21, 2001, recorded in Plat book 15, Page 428, 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 purposes.
ALSO CONVEYED is a non-exclusive easement for access to the above-described property from County Road No. 450, said easement being 60 ft. in width and more particularly described according to the courses, metes and bounds of the hereinabove referred to plat of survey.
Property address: 636 Sandy Rd, Baxley, GA 31513
Map and Parcel # 0045-005G
Said Deed to Secure Debt having been given to secure a note dated June 14, 2006 in the original principal amount of $25,176.00 and June 3, 2010 in the original principal amount of $22,646.75 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: William Del Rosario
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, 198 W. Parker St., Baxley, Georgia, 31513 phone # 912-367-0200, as to any negotiations, amendments or modification of the above stated Note.
This the 28th day of March, 2013.
FNB South as
Attorney-in-Fact for William Del Rosario
198 W. Parker St.
Baxley, GA 31513
912-367-0200
Jerome Adams
Attorney at Law
P. O. Box 1005
Douglas, GA 3l534
(912) 384-7109
4-3, 4-10, 4-17 & 4-24

By virtue of the Power of Sale contained in the Deed to Secure Debt from ROBERT F. BRAGAN to FNB South, dated December 8, 2005 recorded in Deed Book 411, pages 295-301, 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 May, 2013, the following described property:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 5.00 acres of Land Lot No. 227, and being more particularly described on that certain survey and plat thereof by Denean W. Dixon and Associates, dated November 11, 2005, which is recorded in Plat Book 18, Page 151, in the Office of the Clerk of Superior Court of Appling County, Georgia. Said plat being incorporated herein by reference and made a part hereof for all purposes.
Property address: 463 Igou Rd, Baxley, GA 31513
Map and Parcel # 0006-036
Said Deed to Secure Debt having been given to secure a note dated December 8, 2005 in the original principal amount of $20,159.50 and July 25, 2012 in the original principal amount of $42,737.18 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: Robert F. Bragan
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, 198 W. Parker St., Baxley, Georgia, 31513 phone # 912-367-0200, as to any negotiations, amendments or modification of the above stated Note.
This the 27th day of March, 2013.
FNB South as
Attorney-in-Fact for Robert F. Bragan
198 W. Parker St.
Baxley, GA 31513
912-367-0200
Jerome Adams
Attorney at Law
P. O. Box 1005
Douglas, GA 3l534
(912)384-7109
4-3, 4-10, 4-17 & 4-24

All creditors of the estate of CLAUDE TYRE, late of Appling County, Georgia, deceased, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to said estate.
This 21 day of March, 2013.
CHARLES A. TYRE
EXECUTOR/ADMINISTRATOR
518 Pineview Avenue
Baxley, Georgia 31513
912-367-9241
4-3, 4-10, 4-17 & 4-24ch

CIVIL ACTION NO. 13-2-56C
PURSUANT TO OFFICIAL
STATE OF GEORGIA
Ex. Rel. JACKIE L. JOHNSON,
DISTRICT ATTORNEY,
BRUNSWICK JUDICIAL CIRCUIT
VS.
$13,453.00 IN U.S. CURRENCY,
Defendant in rem
TEMETRIUS JONES,
Potential Claimant.
NOTICE OF PROCEEDINGS
TO: TEMETRIUS JONES
c/o Harold McLendon, Esquire
P. O. Box 2003
Dublin, Georgia 31040
AND ANY AND ALL PERSONS HAVING CLAIMS TO THE ABOVE-DESCRIBED PROPERTY:
PLEASE TAKE NOTE that the above-styled complaint for forfeiture seeking the condemnation of the above-described property was filed in said Court on the 15th day of March, 2013, and by reason of an order entered by the Court on the 15th day of March, 2013, you are hereby commanded and required to file with the Clerk of said Court and serve upon Jackie L. Johnson, District Attorney, Brunswick Judicial Circuit, whose address is 37 Tippins Street, Suite C, Baxley, Georgia 31513, an answer to said complaint within thirty (30) days of the last date of publication of this Notice of Proceeding.
TAKE FURTHER NOTICE that at the expiration of thirty (30) days after the last date of publication of this Notice of Proceeding, if no claimant has appeared to defend said complaint, said Court shall order and direct the forfeiture and disposition of said property in such manner as is provided by law.
TAKE FURTHER NOTICE that hearing in the above-styled case has been set for the 7th day of May, 2013, at 9:30 o'clock A.M. in the Appling County Courthouse in Superior Court for Appling County.
WITNESS the Honorable E. M. Wilkes, III, Stephen G. Scarlett, Anthony L. Harrison, Stephen D. Kelley and Roger B. Lane, Judges of said Court.
This 15th day of MARCH, 2013
Ashley Mincey, Deputy Clerk
Superior Court
Brunswick Judicial Circuit
3-27, 4-3 & 4-10ch

HITACHI CAPITAL AMERICA CORP.,
Plaintiff,
VS.
JAMES A. RAY,
Defendant.
NOTICE OF PUBLICATION
TO: James A. Ray
294 Second Street
Baxley, Georgia 31513
By Order dated Feb. 5, 2013, for service upon Defendant James A. Ray by publication, you are hereby notified that on November 1, 2012, Hitachi Capital America Corp. (Plaintiff) filed a Complaint against you for recovery of sums due pursuant to breach of contract, including attorneys? fees.
You are hereby notified that you are required to file with the Clerk of Superior Court of Appling County, Georgia and serve upon Plaintiff?s attorney, Benjamin M. Rachelson, Esq. Rachelson & White at Three Ravinia Drive, Suite 1875, Atlanta, Georgia 30346, an Answer to the Complaint in writing within sixty (60) days of the date of the Order for service by publication set forth above.
WITNESS, the Honorable E. M. Wilkes, III, Judge of the Superior Court of Appling County.
This 11 day of February, 2013.
F. FLOYD HUNTER
CLERK, SUPERIOR COURT OF APPLING COUNTY
CERTIFICATE OF SERVICE
This is to certify that I have this day served all parties with a copy of the proposed Notice of Publication by depositing same in the United State Mail in a properly addressed envelope with adequate postage thereon addressed as follows:
James A. Ray
294 Second Street
Baxley, Georgia 31513
This 4th day of March, 2013.
RACHELSON & WHITE
A Professional Corporation
By Benjamin M. Rachelson
Georgia Bar No. 558570
Three Ravinia Drive, Suite 1875
Atlanta, Georgia 30346
(770) 698-0700 - Telephone
(770) 698-0071 - Facsimile
3-13, 3-20, 3-27 & 4-3ch