NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of Sale in a certain Security Deed ( Security Deed ) from Doris C. Sumner ( Grantor ) to Vanderbilt Mortgage and Finance, Inc.. ( Grantee ) dated June 4, 2007 and recorded in Deed Book 408, Page 263-279, Brantley County, Georgia Records, said Deed having been given to secure a Promissory Note of even date in the principal amount of $60,034.49, there will be sold by the undersigned at public outcry, during the legal hours of sale before the doors of the Courthouse of Brantley County, Georgia, on the first Tuesday in December, 2012, to-wit December 4th, 2012 to the highest and best bidder for cash the following described property:
ALL THAT TRACT OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE 334TH GM DISTRICT OF BRANTLEY COUNTY, GEORGIA, CONSISTING OF 7.05 ACRES, MORE OR LESS, AS SHOWN AND DELINEATED UPON A CERTAIN PLAT OF SURVEY MADE BY DEWEY LEE, BRANTLEY COUNTY SURVEYOR, WHICH PLAT IS DATED AUGUST 29, 1973, AND RECORDED IN PLAT BOOK 6, PAGE 49, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF BRANTLEY COUNTY, GEORGIA, AND BOUND , NOW OR FORMERLY, AS FOLLOWS; ON THE WEST BY MEAD TIMBER COMPANY; ON THE EAST BY LANDS OF PETE GIBSON; ON THE NORTH BY LANDS OF PETE GIBSON; ON THE SOUTH BY BRANTLEY COUNTY ROAD NO. 161.
THIS IS THE SAME PROPERTY CONVEYED TO DORIS C. SUMNER BY VIRTUE OF A WARRANTY DEED FROM ALVIN RICHARD SUMNER DATED DECEMBER 15, 1987, AND RECORDED IN DEED BOOK 45, PAGE 190, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF BRANTLEY COUNTY, GEORGIA.
The debt secured by said Security Deed and Note has been and is hereby declared due and payable in full because of a default by Borrower pursuant to the terms of said Security Deed and Note of Borrower. Notice has been given of intention to enforce provisions for collection of attorney s fees and foreclosure in accordance with the legal requirements and the terms of the Security Deed and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, including attorney s fees, and the remainder, if any, shall be applied as provided by law.
Said property shall 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: Vanderbilt Mortgage and Finance, Inc., PO Box 9800, Maryville, TN, 37802, (865)-380-3000. 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 Doris C. Sumner or a tenant or tenants and said property is more commonly known as 1915 Murphy Road, Waynesville, GA, 31566.
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.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY PROCEEDING, THIS NOTICE IS NOT INTENDED TO INDICATE THAT YOU ARE PERSONALLY LIABLE FOR THIS DEBT. IN THIS INSTANCE THE INFORMATION CONCERNING THE ASSOCIATED DEBT OWED IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD BE DISREGARDED FOR ANY PURPOSES OTHER THAN THAT OF CONDUCTING A NON JUDICIAL FORECLOSURE OF THE SECURITY PURSUANT TO GEORGIA LAW.
Jimmy L. Partin
Attorney for Vanderbilt Mortgage and
Finance Company, Inc.
Walther Law, LLC
5755 North Point Parkway
Alpharetta, Georgia 30022
11/8, 11/15, 11/22, 11/29 691