Lavern William Culberson 02 07 13
NOTICE OF SALE UNDER POWER
GEORGIA, CHATTOOGA COUNTY
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Lavern William Culberson to Wells Fargo Home Mortgage, Inc., dated August 29, 2003, and recorded in Deed Book 435, Page 629, Chattooga County, Georgia records, as last transferred to DLJ Mortgage Capital, Inc. by assignment recorded in Deed Book 586, Paged 221, Chattooga County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $68,199.00, 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 Chattooga County, Georgia, within the legal hours of sale on the first Tuesday in March, 2003, to wit: March 5, 2013, the following described property:
All that tract or parcel of land lying and being in the 6th District, 4th Section of Chattooga County, Georgia, and being a part of Land Lot 277, and being more particularly described as Parcel No. 57 of Valley Oak Estates, according to plat prepared for Valley Oaks by Freeman and Lambert, Registered Georgia Surveyors, dated November 9, 1988, and recorded in the Office of the Clerk of the Superior Court of Chattooga County, Georgia, in Plat Book No. 6, Page 117, to which plat and recording thereof, reference is hereby made for a full and complete description of lands herein conveyed as to metes and bounds.
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 589 Mustang Drive, Summerville, GA 30747, 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): Lavern William Culberson 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:
Select Portfolio Servicing, Inc., Attention: Loss Mitigation Department, 3815 South West Temple, Salt Lake City, Utah 84115, 1-888-818-6032.
The foregoing notwithstanding, nothing in O.C.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 DLJ Mortgage Capital, Inc. as attorney in fact for Lavern William Culberson
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.