NOTICE OF SALE UNDER POWER
GEORGIA, RABUN COUNTY
Because of default in the payment of the indebtedness, secured by a Security Deed executed by Linda K Smith and Michael L Smith to Mortgage Electronic Registration Systems, Inc. as nominee for United Community Mortgage Services, Inc., its successors and assigns dated August 25, 2008 in the amount of $180,000.00, and recorded in Deed Book C34, Page 518, Rabun County, Georgia Records; as last transferred to Cenlar FSB by assignment; the undersigned, Cenlar FSB pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in November, 2012 , during the legal hours of sale, at the Courthouse door in Rabun County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that tract or parcel of land lying and being in Land Lot 118 of the Second Land District of Rabun County, Georgia and consisting of 1.16 acres as more particularly described upon that certain plat of survey prepared by T. Lamar Edwards, Georgia Registered Land Surveyor No. 1837, dated October 6, 1997, revised October 21, 1997 and recorded in Plat Book 38, Page 241, Clerk`s office, Rabun Superior Court. Reference is hereby had and made to said plat of survey for the purpose of incorporating same herein for a full and complete description of the property herein conveyed. There is depicted upon the above-referenced plat of survey a ten foot (10`) wide gravel drive that extends in a Southeasterly direction from York House Road, a public road, and enters said 1.16 acre tract near the Westernmost corner of same. Conveyed herewith is a perpetual, non-exclusive road Right-of-Way easement over and across said ten foot (10`) wide gravel drive for the purpose of ingress and egress from and to the 1.16 acre tract, to and from York House Road, a public road. Further, the above-described property is conveyed subject to that portion of same lying and being within said ten foot (10`) wide gravel drive and the rights of others to use said road. .In addition, the aforementioned plat of survey depicts a well that is located South 70 degrees 13 minutes East a distance of 92.6 feet from the Easternmost corner of the above-described 1.16 acre tract of land. Said well provides water to the subject property as well as to other properties. Conveyed herewith is a perpetual, non-exclusive easement for the use of said well. NOTE: Said well is located upon adjacent property being now or formerly owned by Anthony W. Wall and Linda F. Wall and the rights for the use of said well are more particularly described in those certain warranty deeds recorded in Deed Book I-17, Page 87 and Deed Book B-18, Page 471, Clerk`s office, Rabun Superior Court. which has the property address of 34 Stella Lane, Rabun Gap, Georgia., together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property. 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. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a). Said property will be sold as the property of Linda K Smith and Michael L Smith and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Cenlar FSB Attorney in Fact for Linda K Smith and Michael L Smith. McCurdy & Candler, L.L.C. (404) 373-1612 File No. 12-06350 /FHLMC/sstojanovic THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.