NOTICE OF SALE UNDER POWER
GEORGIA, OCONEE COUNTY
Because of default in the payment of the indebtedness, secured by a Security Deed executed by Mathew C Mathew to Mortgage Electronic Registration System, Inc. as nominee for M&T Bank, its successors and assigns dated December 27, 2007 in the amount of $233,000.00, and recorded in Deed Book 959, Page 599, Oconee County, Georgia Records; as last transferred to M&T Bank by assignment; the undersigned, M&T Bank 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 December, 2012 , during the legal hours of sale, at the Courthouse door in Oconee 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, together with all improvements thereon, situate, lying and being in the 221st GM, Oconee County, Georgia, and being known and designated as Lot 37, Block C, Phase III, Calls Creek Subdivision, as more particularly shown on a survey entitled "Final Plat for Calls Creek -Phase III" dated September 3,1997, by Paul & Evans Land Surveying Inc., said plat being recorded in Plat Book 28, Page 243 in the Office of the Clerk of Superior Court of Oconee County, Georgia and being incorporated herein by reference for a more particular description.
Subject to all easements, covenants, and restrictions of record, said property known as 1200 Calls Creek Circle; Watkinsville, GA 30677, according to the present system of numbering houses in Oconee County, Georgia.
which has the property address of 1200 Calls Creek Circle, Watkinsville, 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. Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a).
Said property will be sold as the property of Mathew C Mathew 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.
M&T Bank Attorney in Fact for
Mathew C Mathew
McCurdy & Candler, L.L.C.
File No. 11-02699 /FNMA/wmorgan
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.