NOTICE OF SALE UNDER POWER
GEORGIA, MCINTOSH COUNTY
Because of default in the payment of the indebtedness, secured by a Security Deed executed by Charles Frizzelle and Marcia Frizzelle to Mortgage Electronic Registration Systems, Inc. as nominee for IndyMac Bank, F.S.B. dated December 12, 2006 in the amount of $336,000.00, and recorded in Deed Book 460, Page 64, McIntosh County, Georgia Records; as last transferred to OneWest Bank, FSB by assignment; the undersigned, OneWest Bank, 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 September, 2010, during the legal hours of sale, at the Courthouse door in McIntosh County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that certain tract or parcel of land, lying situate and being in the 22nd G.M. District, McIntosh County, Georgia, being 2.3 acres, more or less, and being designated as Lot No. 21, Spaulding Point Subdivision, on that certain plat prepared by Ralph E. Lackey, G.R.L.S. No. 1635, dated August 26, 1993, and filed for record in the Office of the Clerk of Superior Court of McIntosh County, Georgia, in Plat Cabinet 1, slide 62-I and 62-J; reference to said plat is hereby made for all purposes of description and identification of said tract herein conveyed. Also included in said conveyance is all right and title to that certain 30-feet wide access easement as shown on above-referenced plat. Subject to and subordinate to those certain restrictive covenants recorded in Deed Book 183, Page 352, in the Office of the Clerk of Superior Court of McIntosh County, Georgia, which has the property address of 3080 Dallas Bluff Rd. NE, Townsend, 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 Charles Frizzelle and Marcia Frizzelle 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.
OneWest Bank, FSB
Attorney in Fact for
Charles Frizzelle and Marcia Frizzelle
Anthony DeMarlo, Attorney/thayle
McCurdy & Candler, L.L.C.
File No. 09-23906 /CONV
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. (8/12-9/2)