NOTICE OF SALE UNDER POWER GEORGIA, TERRELL 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, TERRELL 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 Roy L. Varner and Catherine M. Varner to Mortgage Electronic Registration Systems, Inc. as nominee for Albany Northside Mortgage, its successors and assigns, dated December 4, 2007, recorded in Deed Book 8T, Page 287, Terrell County, Georgia Records, as last transferred to Flagstar Bank, FSB by assignment recorded in Deed Book 10 I, Page 346, Terrell County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-THREE THOUSAND THREE HUNDRED AND 0/100 DOLLARS ($143,300.00), 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 Terrell 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.
Flagstar Bank, FSB 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: Flagstar Bank, F.S.B., 5151 Corporate Drive, Troy, MI 48098, 800-945-7700. To the best knowledge and belief of the undersigned, the party in possession of the property is Roy L. Varner and Catherine M. Varner or a tenant or tenants and said property is more commonly known as 4268 Scrap Israel Rd, Dawson, Georgia 39842.
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.
Flagstar Bank, FSB
as Attorney in Fact for
Roy L. Varner and Catherine M. Varner
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
Our file no. 51061712-FT8
All that tract or parcel of land lying and being in Land Lot 133 of the 12th Land District of Terrell County, Georgia, being more particularly described as follows: Commencing at a point where the East land lot line of Land Lot 133 of the 12th Land District intersects the south right of way line of Scrap Israel Road (County Highway #157), run thence North 81 degrees 05 minutes 00 seconds West along the south right of way line of Scrap Israel Road a distance of 360.21 feet to the Point of Beginning and an iron pin set; thence run South 08 degrees 55 minutes 00 seconds West a distance of 582.52 feet to an iron pin set on the westerly right of way line of an existing Georgia Power Company Right of Way Easement; thence run South 29 degrees 58 minutes 45 seconds West along the westerly right of way line of said Georgia Power Company Easement a distance of 18.96 feet to an iron pin set; thence run North 81 degrees 05 minutes 00 seconds West a distance of 351.51 feet to an iron pin set on the easterly right of way line of an existing South Georgia Natural Gas Company Right of Way Easement; thence run North 30 degrees 55 minutes 09 seconds West along the easterly right of way line of said South Georgia Natural Gas Company Easement a distance of 7.30 feet to an iron pin set; thence run North 08 degrees 55 minutes 00 seconds East a distance of 594.61 feet to an iron pin set on the south right of way line of Scrap Israel Road; thence run South 81 degrees 05 minutes 00 seconds East a distance of 363.00 feet to the point of beginning. Said tract of land containing 5.00 acres, more or less, and is delineated on that certain Plat of Survey prepared for Roy Varner by Fenton W. Nash, III, Georgia Registered Land Surveyor No. 2829, dated November 28, 2007.
Our file no. 51061712 - FT8