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NOTICE OF SALE UNDER POWER GEORGIA, TAYLOR COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Jan 09, 2013 | 198 views | email to a friend | print

NOTICE OF

SALE UNDER POWER

GEORGIA, TAYLOR 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 Melvin E. Barrow, Jr. to Mortgage Electronic Registration Systems, Inc., dated February 22, 2006, recorded in Deed Book 151, Page 367, Taylor County, Georgia Records, as last transferred to Nationstar Mortgage LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Taylor County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-FOUR THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($144,900.00), 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 Taylor County, Georgia within the legal hours of sale on the first Tuesday in February, 2013, the following described property:

SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF

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.

Nationstar Mortgage LLC is the holder of the Note and Security Deed to the property in accordance with OCGA 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: NationStar Mortgage LLC, 350 Highland Drive, Lewisville, TX 75067, 888-850-9398x3705.

To the best knowledge and belief of the undersigned, the party in possession of the property is Melvin Barrow, Jr. or a tenant or tenants and said property is more commonly known as 591 Thomaston Highway, Butler, Georgia 31006.

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.

Nationstar Mortgage LLC

as Attorney in Fact for

Melvin E. Barrow, Jr.

McCalla Raymer, LLC

1544 Old Alabama Road

Roswell, Georgia 30076

www.foreclosurehotline.net MR/pvm

Our file no. 51088912-FT17

EXHIBIT "A"

All that tract or parcel of land lying and being in Land Lot 27, 14th Land District, Taylor County, Georgia, consisting of 5.00 acres, more or less, and being more specifically described as that certain 5.00 acre tract on a certain plat of survey entitled "Survey for Melvin Barrow, Jr.", prepared by Hugh P. Riley, Georgia Registered Land Surveyor No. 1285, and recorded in Plat Book 9, Page 147,

Taylor County Deed Records. The metes and bounds contained on such plat of survey are incorporated herein by this reference.

Gpn11

NOTICE OF

SALE UNDER POWER

State of Georgia,

County of TAYLOR



Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by TOMMY L. BOYINGTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR COMUNITY LENDING, INCORPORATED, DBA MORTGAGE PARTNERS , dated 04/07/2006, and Recorded on 04/11/2006 as Book No. 152 and Page No. 011-022, TAYLOR County, Georgia records, as last assigned to WELLS FARGO BANK, NATIONAL ASSOCIATION (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $65,964.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the TAYLOR County Courthouse within the legal hours of sale on the first Tuesday in February, 2013, the following described property:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE LAND LOT 241, 13TH LAND DISTRICT, TAYLOR COUNTY, GEORGIA, BEING A PORTION OF PARCEL 3 AS SHOWN ON THE EVERGREEN FOREST SUBDIVISION PLAT OF SURVEY RECORDED IN PLAT BOOK 5, PAGE 205, TAYLOR COUNTY LAND RECORDS. SAID PROPERTY IS DESCRIBED AS COMMENCING AT THE POINT WHERE THE SOUTH LINE OF PARCEL 3 AS SHOWN ON SAID PLAT INTERSECTS WITH THE WEST MARGIN OF THE RIGHT OF WAY OF TOWER STREET AND RUNNING THENCE NORTH 34 DEGREES 7 MINUTES 39 SECONDS EAST A DISTANCE OF 160 FEET, MORE OR LESS, TO THE NORTH MARGIN OF AN UN-NAMED DIRT STREET [NOW COMMONLY CALLED RANOW CIRCLE]; THENCE IN A SOUTHWESTERLY DIRECTION FOLLOWING THE NORTH MARGIN OF SAID UN-NAMED STREET A DISTANCE OF 500 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND FROM SAID POINT OF BEGINNING RUNNING THENCE NORTH 100 FEET, MORE OR LESS, THENCE WEST 100 FEET, MORE OR LESS, THENCE SOUTH 100 FEET, MORE OR LESS, TO THE NORTH MARGIN OF SAID UN-NAMED STREET; THENCE EAST 100 FEET TO THE POINT OF BEGINNING.

THIS IS THE SAME PROPERTY CONVEYED BY WARRANTY DEED FROM CLIIFFORD RANOW TO TOMMY L. BOYINGTON DATED JANUARY 20,2006, RECORDED IN DEED BOOK 150, PAGE 683, SAID RECORDS. FURTHER, THIS IS THE SAME PROPERTY CONVEYED BY WARRANTY DEED FROM LONNIE RILEY TO CLIFFORD RANOW DATED NOVEMBER 22, 2004, RECORDED IN DEED BOOK 142, PAGE 380, SAID RECORDS.

SUBJECT TO EASEMENTS, RIGHTS-OF-WAY, SURVEYS, PROTECTIVE COVENANTS, LIMITATIONS AND RESTRICTIONS AFFECTING SAID PROPERTY OF RECORD, SAID RECORDS.

THERE IS LOCATED ON THE PROPERTY HEREINABOVE DESCRIBED AND CONVEYED A MANUFACTURED HOME MORE PARTICULARLY DESCRIBED AS A 2006 HORTON MDMS, 60 X24, SERIAL NUMBER H401310G AND SERIAL NUMBER 11401310G AND BY AGREEMENT OF THE PARTIES HERETO, IS AFFIXED TO THE ABOVE DESCRIBED LAND IN SUCH A MANNER AS TO CONSTITUTE A FIXTURE PURSUANT TO O.C.G.A. 44-1-6(A), AS AMENDED AND HAS AS OF THE DATE HEREOF BECOME A PART OF THE REAL PROPERTY HEREIN DESCRIBED. ACCORDINGLY, SAID HOME IS TO BE TREATED AND TAXED AS AN IMPROVEMENT TO REAL PROPERTY FOR AD VALOREM TAX PURPOSES AND THE OWNER THEREOF AGREES TO APPLY FOR HOMESTEAD EXEMPTION OR TAKE OTHER APPLICABLE STEPS TO ENSURE TAXATION OF SAID HOME AS REAL PROPERTY AT THE EARLIEST POSSIBLE DATE UNDER THE LAWS OF THE STATE OF GEORGIA. IT BEING THE UNCONDITIONAL AND ABSOLUTE INTENTION THAT THE MANUFACTURED HOUSING AS LAST DESCRIBED SHALL REMAIN PERMANENTLY ATTACHED IN ITS PLACE ON THE REALTY AS HEREINABOVE DESCRIBED.

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.

Because the debt remains 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).

WELLS FARGO BANK, NATIONAL ASSOCIATION holds the duly endorsed Note and is the current assignee of the Security Deed to the property. WELLS FARGO BANK, N.A., acting on behalf of and, as necessary, in consultation with WELLS FARGO BANK, NATIONAL ASSOCIATION (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44-14-162.2, WELLS FARGO BANK, N.A. may be contacted at: WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 803-396-6000. Please note that, pursuant to O.C.G.A. 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan.

To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property

known as 17 CLIFFORD RANOW CIRCLE, BUTLER, GEORGIA 31006 is/are: TOMMY L. BOYINGTON or tenant/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; and (2) 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.

WELLS FARGO BANK, NATIONAL ASSOCIATION

as Attorney in Fact for

TOMMY L. BOYINGTON.

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

20120169808194

BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP

15000 Surveyor Boulevard

Addison, Texas 75001

Telephone: (972) 341-5398.

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