NOTICE OF SALE UNDER POWER GEORGIA, PUTNAM COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE OF SALE
UNDER POWER
GEORGIA, PUTNAM COUNTY
THIS 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 Janet R. Swain to National City Mortgage Co., dated April 18, 2003, recorded in Deed Book 412, Page 702, Putnam County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($80,800.00), 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 Putnam County, Georgia within the legal hours of sale on the first Tuesday in December, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
EXHIBIT A
All that tract or parcel of Land together with the permanent improvements located thereon and connected therewith, the same situate, lying and being within the corporate limits of the City of Eatonton, 368th GMD, Putnam County, Georgia, the same containing 1.029 acres and being designated as all of Lot Number Six (6), Pinetop Subdivision as the same appears on plat prepared by Robert H Harwell, RL.S., the same dated June 6, 2002 and recorded in Plat Book 27, Page 252, Putnam County Records, which plat is by this reference incorporated herein in aid of this description. Together with that certain 2003 Southern 27 x 72 housing Unit which was formerly personalty but is now annexed and affixed to the above described land as a permanent improvement and which is the subject of manufacturers state of origin number DSD4AL37878AB and all rights thereunto appertaining. The manufactured home on the date of execution of the Mortgage/Deed to Secure Debt has been permanently affixed to the real estate and is intended by the mortgagor/owner to be a fixture and a part of the real estate. The mortgagors shall apply for homestead exemption and have the property taxed as real property at the earliest possible date. Any failure to make such application shall constitute a default hereunder by the mortgagors. This is the same property conveyed to Janet Swain by Warranty Deed of W. Norris Bryans dated March 27, 2003 and recorded in Deed Book 409, Pages 104-105 Putnam County Records. Said property is conveyed subject to the following a) Restrictive Covenants as set out on plat recorded in Plat Book 27, Page 252; and b) Building set-back lines, general utility and drainage easements and other matters as maybe disclosed on the aforementioned plat.
The obligation to pay the debt described in the aforementioned security deed and secured by the above described property has been assumed by gf.
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 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: National City Mortgage Co., 3232 Newmark Drive, Miamisburg, OH 45342, 800-523-8654. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Janet R. Swain or a tenant or tenants and said property is more commonly known as 6 Pine Top Dr, Eatonton, Georgia 31024.
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.
National City Real Estate Services LLC, s/b/m to National City Mortgage Inc. fka National City Mortgage Co.
as Attorney in Fact for
Janet R. Swain
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ma0 12/1/09
Our file no. 5168908-FT1
11-05,12,19,26c