7-102623 12-06071 Lawyer 7/12.19.26;8/2 NOTICE OF SALE UNDER POWER GEORGIA, CARROLL COUNTY By virtue of a Power of Sale contained in that certain Security Deed from JO A. LAWYER, CLAUDE A. LAWYER, JOSEPH CARTER AND AMY CARTER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PHH MORTGAGE CORP (FKA CENDANT MORTGAGE CORP), dated March 17, 2006, recorded April 13, 2006, in Deed Book 3514, Page 58, Carroll County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Forty-Three Thousand Five Hundred Twelve and 00/100 dollars ($143,512.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to DLJ Mortgage Capital, Inc., there will be sold at public outcry to the highest bidder for cash before the courthouse door of Carroll County, Georgia, within the legal hours of sale on the first Tuesday in August, 2012, all property described in said Security Deed including but not limited to the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 237 OF THE 9TH DISTRICT OF CARROLL COUNTY, GEORGIA, AND BEING THE PROPERTY SHOWN AND DELINEATED AS TRACT 5 ON THE PLAT PREPARED BY BAKKUM-DELOACH AND ASSOCIATES, INC., DATED FEBRUARY 26,1996, AS "JOHN L. SIMS AND PAULINE B. SIMS", RECORDED IN PLAT BOOK 56 PAGE 18, CARROLL COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE IRON PIN PLACED IN THE ROCK PILE AT THE INTERSECTION OF LAND LOTS 237, 24 B, 247 AND 238, NORTH EIGHTY NINE DEGREES ZERO MINUTES TWENTY SEVEN SECONDS WEST A DISTANCE OF 1333.12 FEET TO AN IRON PIN PLACED AT THE RIGHT OF WAY ALONG OLD COLUMBUS ROAD; THENCE NORTH TWENTY NINE DEGREES EIGHT MINUTES TWO SECONDS WEST A DISTANCE OF 60 FEET TO AN IRON PIN PLACED; THENCE NORTH SEVENTY TWO DEGREES FIFTY ONE MINUTES THIRTY TWO SECONDS EAST A DISTANCE 1439.70 FEET TO AN IRON PIN PLACED; THENCE SOUTH ONE DEGREE THIRTY THREE MINUTES THIRTY NINE SECONDS WEST A DISTANCE OF 500.00 FEET TO AN IRON PIN PLACED IN A ROCK PILE, SAID IRON PIN BEING THE TRUE POINT OF BEGINNING. Said legal description being controlling, however the property is more commonly known as 2330 OLD COLUMBUS ROAD, BOWDON, GA 30108. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named creditor or the undersigned. The sale will also be subject to the following items which may affect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is JO A. LAWYER, CLAUDE A. LAWYER, JOSEPH CARTER AND AMY CARTER, or tenants(s). 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. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Lender Contact: SPS, Loss Mitigation Dept., P.O. Box 65250, Salt Lake City, UT 84165 Telephone Number: 888-818-6032 DLJ MORTGAGE CAPITAL, INC. as Attorney in Fact for JO A. LAWYER, CLAUDE A. LAWYER, JOSEPH CARTER AND AMY CARTER THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lublin, LLC, 3740 Davinci Court, Suite 400, Norcross, GA 30092 Telephone Number: (877) 813-0992 Case No. SPS-12-06071-0002 Ad Run Dates 07/12/2012, 07/19/2012, 07/26/2012, 08/02/2012 www.rubinlublin.com/property-listings.php
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