13-0151L NOTICE OF SALE UNDER POWER, SPALDING COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Fred Terry Lee to IndyMac Bank, F.S.B. dated 9/30/2002 and recorded in Deed Book 2439 Page 267, SPALDING County, Georgia records; as last transferred to OneWest Bank, FSB, conveying the after-described property to secure a Note in the original principal amount of $ 217,000.00, 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 SPALDING County, Georgia, within the legal hours of sale on March 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 lying and being in Land Lot 76 of the 3rd District of Spalding County, Georgia, and being more particularly described as follows: BEGIN AT A POINT located on the northeasterly right-of-way of Mailer Road said point located 1,104.78 feet from the west line of Land Lot 76, from said point run thence north 01 degrees 32 minutes 10 seconds east a distance of 1,030.00 feet to a point; run thence south 88 degrees 45 minutes 11 seconds east a distance of 416.39 feet to a point; run thence south 01 degrees 14 minutes 49 seconds west a distance of 458.01 feet to a point; rim thence south 84 degrees 38 minutes 04 seconds west a distance of 59.42 feet to a point; run thence north 26 degrees 02 minutes 46 seconds west a distance of 7.79 feet to a point; run thence south 87 degrees 54 minutes 49 seconds west a distance of 77.99 feet to a point; rim thence north 80 degrees 9 minutes 27 seconds west a distance of 154.89 feet to a point; run thence south 01 degrees 32 minutes 10 seconds west a distance of 649.00 feet to a point on the northeast right-of-way of Malier Road; run thence along the northeasterly right-of-way line of Malier Road north 64 degrees 15 minutes 57 seconds west a cord distance of 122.81 feet to a point; continue thence along the northeasterly right-of-way of Malier Road north 58 degrees 55 minutes 35 seconds west a cord distance of 14.92 feet to a point and the point of beginning. All as more fully shown on a survey for Fred T. Lee dated November 20, 2001, by Thomas B. Boyd, Georgia Registered Land Surveyor to which reference is made for a more complete description thereof. 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 s fees (notice of intent to collect attorney s fees having been given). Federal National Mortgage Association is the current owner of the loan. Said property is commonly known as 560 Malier Road, Griffin, Georgia 30224 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): Fred T. Lee or tenant or tenants. One West Bank, FSB 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. One West Bank, FSB Loss Mitigation 888 E. Walnut Street Pasadena, CA 91101 1-877-908-4357 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. OneWest Bank, FSB as agent and Attorney in Fact for Fred Terry Lee 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. 1206-406A February 8, 15, 22, & March 1, 2013.