Morgan County Citizen
Morgan County

# 22 NOTICE OF SALE UNDER POWER, MORGAN COUNTY
Jan 10, 2013 | 219 views | email to a friend | print

# 22

NOTICE OF SALE UNDER POWER, MORGAN COUNTY

Pursuant to the Power of Sale contained in a Security Deed given by Lynn Johnston and Joseph M. Johnston to Ameriquest Mortgage Company dated 6/1/2005 and recorded in Deed Book 375 Page 899, Morgan County, Georgia records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R7, conveying the after-described property to secure a Note in the original principal amount of $ 114,900.00, 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 Morgan County, Georgia, within the legal hours of sale on February 5, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:

ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS LOCATED THEREON, SITUATE, LYING AND BEING IN LAND LOT 136 OF THE 19TH LAND DISTRICT, DURDIN (396TH) DISTRICT, G.M., MORGAN COUNTY, GEORGIA, CONTAINING THREE AND 475/1000THS (3.475) ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY SHOWN ON THAT CERTAIN PLAT OF SURVEY ENTITLED "PLAT OF SURVEY FOR CHRIS J. BOWEN", PREPARED BY GERALD W. TORBERT, R.L.S., DATED JULY 26, 1994, REVISED AUGUST 5, 1994, OF RECORD IN PLAT BOOK 19, PAGE 159, CLERK'S OFFICE MORGAN COUNTY SUPERIOR COURT.

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 the Security Deed and by law, including attorney fees (notice of intent to collect attorney fees having been given). Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R7 is the current owner of the loan.

Said property is commonly known as 3471 Broughton Road, Newborn, Georgia 30056 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Lynn Johnston and Joseph M. Johnston or tenant or tenants.

Homeward Residential, Inc. is the entity or individual designated, who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines. Homeward Residential, Inc.

Home Retention Team

P.O. Box 631730

Irving, TX 75063-1730

(877) 304-3100

Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.

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) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.

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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 and audit of the status of the loan as provided immediately above.

Deutsche Bank National Trust Company,

as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R7

as agent and Attorney in Fact for

Lynn Johnston and Joseph M. Johnston

Aldridge Connors, LLP,

3575 Piedmont Road, N.E.,

Suite 500,

Atlanta, Georgia 30305, (404) 994-7400.

THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1002-3174A

Jan. 10, 17,24,31