The Cairo Messenger
Grady County

NOTICE OF SALE UNDER POWER GEORGIA, GRADY COUNTY THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Dec 17, 2012 | 338 views | email to a friend | print

NOTICE OF SALE

UNDER POWER

GEORGIA,

GRADY COUNTY

THIS IS AN ATTEMPT 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 GENE HERSCHEL PHILLIPS and GREGORY PHILLIPS to Mortgage Electronic Registration Systems, Inc., as nominee for Greater United Home Funding, dated 07/27/2007, recorded in Deed Book 657, Page 511, Grady County, Georgia records, as last transferred to Flagstar Bank, FSB by assignment recorded or to be recorded in the Grady County, Georgia records conveying the after-described property to secure a Note in the original principal amount of One Hundred Four Thousand Five Hundred Forty-Five and 00/100 DOLLARS ($104,545.00), 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 Grady County, Georgia, within the legal hours of sale on the first Wednesday in January 2013, the following described property:

All that tract or parcel of land containing one (1.0) acre, more or less, lying and being in Land Lot 256 of the 17th Land District of Grady County, Georgia, being more particularly described as follows: to find the Point of Beginning of the tract herein conveyed commence at the intersection of the north land lot line of said Land Lot 256 with the east right-of-way margin of State Highway 111, and run thence south 22 degrees 14 minutes 38 seconds west the distance of 816.79 feet; run thence south 22 degrees 14 minutes 38 seconds east the distance of 60.98 feet; run thence south 78 degrees 02 minutes 00 seconds east the distance of 785.91 feet to the point of beginning of the tract herein conveyed. From said point of beginning run thence south 78 degrees 02 minutes 00 seconds east the distance of 209.00 feet; run thence south 11 degrees 58 minutes 00 seconds west the distance of 209.0 feet; run thence north 78 degrees 02 minutes 00 seconds west the distance of 209.0 feet; run thence north 11 degrees 58 minutes 00 seconds east the distance of 209.0 feet to the point of beginning of the tract herein conveyed.

Also conveyed is a 30 foot wide easement for ingress and egress and placement of utilities over and across the following described tract of land. To find the Point of Beginning of the easement herein conveyed commence at the intersection of the north land lot line of said Land Lot 256 with the east right-of-way margin of State Highway 111; run thence south 22 degrees 14 minutes 38 seconds west the distance of 816.79 feet; run thence south 22 degrees 14 minutes 38 seconds east the distance of 60.98 feet to the point of beginning of the easement herein conveyed. From said point of beginning run thence south 78 degrees 02 minutes 00 seconds east the distance of 785.91 feet; run thence south 11 degrees 58 minutes 00 seconds west the distance of 30 feet; run thence north 78 degrees 02 minutes 00 seconds west to the east right-of-way margin of State Highway 111, run thence north 22 degrees 14 minutes 38 seconds east along the east right-of-way margin to said State Highway 111 the distance of 30 feet to the point of beginning of the easement herein conveyed.

Said tract or parcel of land and easement being more particularly described on that plat of survey for Christy L. Lindsey by Richard Matthews and Associates, Inc. having a survey date of February 5, 2003 recorded in plat book 38, page 150, Grady County land records. Reference to said plat of survey is made to incorporate same herein by reference thereto.

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.

The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Flagstar Bank, FSB, 5151 Corporate Drive, Troy, MI 48098, 800-945-7700. 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 parties in possession of the property are GENE HERSCHEL PHILLIPS and GREGORY PHILLIPS or a tenant or tenants and said property is more commonly known as 4030 GA HIGHWAY 111 N, CAIRO, GA 39827.

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

GENE HERSCHEL PHILLIPS and GREGORY PHILLIPS

Weissman, Nowack, Curry, & Wilco P.C.

Attn: Lender Services

One Alliance Center, 4th Floor

3500 Lenox Road

Atlanta, GA 30326