NOTICE OF SALE UNDER POWER
Georgia, Toombs County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by SHELLY R. MCMILLAN to AMER- ICA S WHOLESALE LENDER, dated OC- TOBER 29, 1998, and recorded in Deed Book 495, Page 159, Toombs County, Georgia records, AS LAST TRANS- FERRED TO OCWEN LOAN SERVICING, LLC, BY ASSIGNMENT RECORDED IN TOOMBS COUNTY, GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $53,200.00, 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 Toombs County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012, to wit: December 04, 2012, the fol- lowing described property:
ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE CITY OF LYONS , 1536TH G.M. DISTRICT OF TOOMBS COUNTY, GEORGIA, BEING DESIGNATED AS LOT 6, BLOCK B OF THE BRIARWOOD SUBDIVISION A/K/A MCDILDA SUBDIVI- SION, AS SHOWN ON PLAT OF SURVEY PREPARED BY LELAND II. MOSS, SUR- VEYOR, DATED AUGUST 21,1986, AND RECORDED IN PLAT BOOK 17, PAGE 680, CLERK S OFFICE TOOMBS SUPE- RIOR COURT, TO WHICH PLAT REFER- ENCE IS HEREBY MADE FOR DE- SCRIPTIVE AND ALL OTHER LEGAL PURPOSE. SAID LOT 6 BEING BOUND- ED, NOW OR FORMERLY, AS FOL- LOWS: ON THE NORTH BY LANDS OF ROBERT MOORE ; ON THE EAST BY LOT 7, BLOCK B, SAID SUBDIVISION; ON THE SOUTH BY MCDILDA STREET; AND ON THE WEST BY LOT 5, BLOCK B, SAID SUBDIVISION.
The debt secured by said Deed to Se- cure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebt- edness as and when due and in the man- ner provided in the Note and Deed to Se- cure 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 504 MCDILDA DRIVE, LYONS, GA 30436, together with all fixtures and personal prop- erty 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 prop- erty is (are): SHELLY R. MCMILLAN 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, in- cluding, but not limited to, assessments, li- ens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohib- ited 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 foreclo- sure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding par- agraph.
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:
Ocwen Loan Servicing, LLC
Attention: Home Retention Department
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
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 in- strument, specifically being
OCWEN LOAN SERVICING, LLC
as attorney in fact for
SHELLY R. MCMILLAN
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.