The Champion
Dekalb County

420-3328301/10
Jan 21, 2013 | 187 views | email to a friend | print

420-3328301/10,1/17,1/24,1/31wgNOTICE OF SALE UNDER POWERGEORGIA, DEKALB COUNTYTHIS 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 Sherri G. Rushing to Mortgage Electronic Registration Systems, Inc., dated April 29, 2008, recorded in Deed Book 20790, Page 89, DeKalb County, Georgia Records and as modified by that certain Loan Modification Agreement recorded in Deed Book 23161, Page 619, DeKalb County, Georgia Records, as last transferred to M&T Bank by assignment recorded in Deed Book 22480, Page 774, DeKalb County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of NINETY-NINE THOUSAND SIX HUNDRED SEVENTY-THREE AND 0/100 DOLLARS ($99,673.00), 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 DeKalb County, Georgia within the legal hours of sale on the first Tuesday in February, 2013, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOFThe 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 Sherri G. Rushing or a tenant or tenants and said property is more commonly known as 7195 Monterey Avenue, Lithonia, Georgia 30058.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.M&T Bankas Attorney in Fact forSherri G. RushingMcCalla Raymer, LLC1544 Old Alabama RoadRoswell, Georgia 30076www.foreclosurehotline.netMR/pvm 2/5/13Our file no. 51069812-FT8EXHIBIT A All that tract or parcel of land lying and being in Land Lot 161 of the 16th District, DeKalb County, Georgia, being Lot 70, Block B, Stonemill Manor Subdivision, Unit Two, as per plat recorded in Plat Book 89, Page 58, DeKalb County, Georgia records, which recorded plat is incorporated herein by this reference and made a part of this description.Property Address: 7195 Monterey Ave. Lithonia, GA 30058MR/pvm 2/5/13Our file no. ++51069812 - FT8 RUSHING++