NOTICE OF SALE UNDER POWER
GEORGIA, ELBERT COUNTY
Because of default in the payment of the indebtedness, secured by a Security Deed executed by Michael Allen Miller and Wendy H. Miller to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns dated October 18, 2005 in the amount of $71,000.00, and recorded in Deed Book 403, Page 114, Elbert County, Georgia Records; as last transferred to Ocwen Loan Servicing, LLC by assignment; the undersigned, Ocwen Loan Servicing, LLC 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 September, 2012, during the legal hours of sale, at the Courthouse door in Elbert 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, with improvements thereon, lying and being in the 189th G.M. District of Elbert County, Georgia, in the corporate limits of the City of Elberton, fronting 85 feet on the South side of Edwards Street, and being more particularly described in a plat of survey prepared by A.P. Stevens Jr., Registered Surveyor, dated May 7, 1984, recorded in Plat Book 14, at Page 299, in the Office of the Clerk of the Superior Court of Elbert County, Georgia, said plat and the recording thereof being expressly by reference incorporated into and made a part of this description. This property is bounded now or formerly as follows, as shown on said plat: on the Northeast by Edwards Street; on the Southeast by property of Harry Harper; on the Southwest by an alley; and on the Northwest by property of Mrs. John D. Griffith. This property is the same property described in a Special Warranty Deed from Federal National Mortgage Association to Joseph H. Whelan, dated March 8, 2001, recorded in Deed Book 287, at Pages 141-142, in the Office of the Clerk of the Superior Court of Elbert County, Georgia, said deed being expressly by reference incorporated into and made a part of this description.
which has the property address of 232 Edwards Street, Elberton, 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.
Said property will be sold as the property of Michael Allen Miller and Wendy H. Miller 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.
Ocwen Loan Servicing, LLC, Attorney in Fact for Michael Allen Miller and Wendy H. Miller
MCCURDY & CANDLER, LLC
File No. 12-04404 /FHLMC/kgrant
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.