NOTICE OF SALE UNDER POWER GEORGIA, SCHLEY 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
GEORGIA, SCHLEY 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 Shawn Downs to U.S. Bank N.A., dated May 21, 2009, recorded in Deed Book 170, Page 307, Schley County, Georgia Records and as modified by that certain Loan Modification Agreement recorded in Deed Book 172, Page 117, Schley County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOURTEEN THOUSAND THREE HUNDRED NINETY-NINE AND 50/100 DOLLARS ($114,399.50), 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 Schley County, Georgia within the legal hours of sale on the first Tuesday in September, 2012, the following described property: SEE EXHIBIT 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 fees (notice of intent to collect attorney 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: U.S. Bank National Association, 1010 South Seventh Street, Minneapolis, MN 55415, 612-973-6614. 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 party in possession of the property is Shawn Downs or a tenant or tenants and said property is more commonly known as 371 Harvey Circle, Ellaville, Georgia 31806.
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.
This law firm is seeking solely to foreclose the creditor lien on real estate and this law firm will not be seeking a personal money judgment against you.
U.S. Bank N.A.
as Attorney in Fact for
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
Our file no. 5397712-FT8
All those tracts or parcels of land lying and being in Land Lot 133, 30th Land District of Schley County, Georgia consisting of Lot Number 12, containing 3.03 acres and Lot Number 13 containing, containing, 1.3 acres, of Coogle Estates Subdivision, all as more fully shown on plat of survey dated July 14, 1999 and revised January 5, 2000, prepared by Paul H. Johnson, registered surveyor number 2091, said plat recorded in Plat Book 6, page 36, Schley County Superior Court Clerk records, which plat is incorporated herein by express reference thereto.
Subject to restrictive covenants recorded in Deed Book YYY, pages 342, 345, Schley County Deed records and the amendment to restrictive covenants dated March 27, 2001, recorded in Deed Book 84, pages 1-2, Schley County Superior Court Clerk records.
Our file no. 5397712 - FT8
August 3, 2012
Publish Dates: 8-8, 8-15, 8-22, 8-29-12