NOTICE OF SALE UNDER POWER GEORGIA, WHITFIELD 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 UNDER POWER GEORGIA, WHITFIELD 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 Crystal Montgomery to Wells Fargo Bank, N.A., dated January 25, 2007, recorded in Deed Book 4937, Page 323, Whitfield County, Georgia Records, as last transferred to US Bank National Association, as successor Trustee to Bank of America, National Association, (successor by merger to LaSalle Bank National Association) as Trustee for Lehman XS Trust Series 2007-9 by assignment recorded in Deed Book 5524, Page 32, Whitfield County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of FIVE HUNDRED THOUSAND AND 0/100 DOLLARS ($500,000.00), 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 Whitfield County, Georgia within the legal hours of sale on the first Tuesday in June, 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: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. 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 Crystal Montgomery or a tenant or tenants and said property is more commonly known as 1375 Dogwood Valley Road, Tunnel Hill, Georgia 30755. 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. US Bank National Association, as successor Trustee to Bank of America, National Association, (successor by merger to LaSalle Bank National Association) as Trustee for Lehman XS Trust Series 2007-9 as Attorney in Fact for Crystal Montgomery McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/slb3 6/5/12 Our file no. 5353509-FT5 EXHIBIT Parcel I; A tract or parcel of land lying and being in Land Lot Nos. 122, 123, 130 and 131 of the 27th District and 3rd Section of Whitfield County, Georgia and being more particularly described as follows; To find the point of beginning proceed southerly along the easterly right of way of Dogwood Valley Road (an 80 foot right-of-way) from its intersection with the north line of Land Lot 122 a distance of 2,591.09 feet to a point which is the point of beginning where rebar found; thence continuing south 88 degrees 5 minutes 35 seconds east a distance of 652.90 feet to a point; thence south 04 degrees 43 minutes 31 seconds east a distance of 86.46 feet to a point; thence south 04 degrees 43 minutes 31 seconds east a distance 69.60 feet to a point; thence south 34 degrees 30 minutes 00 second west a distance of 242.50 feet to a point; thence north 81 degrees 57 minutes 44 seconds west a distance 591.24 feet to a point on the easterly right of way of Dogwood Valley Road (an 80 foot right-of-way); thence northerly along the easterly right of way of Dogwood Valley Road (an 80 foot right-of-way) north 11 degrees 2 minutes 44 seconds east a distance of 300 feet the point of beginning. A tract or parcel of land containing 5.0 acre more or less. Said tract is shown and described as Tract A, in that plat for Crystal Montgomery of May 12, 2005 prepared by N. B. DeLoach, Georgia Registered Land Surveyor No. 1347, which plat is referenced for a more full and complete description. The right, if any, of The United States of America to redeem said land within 120 days from the date of the foreclosure sale held on June 5, 2012, as provided for by the Federal Tax Lien Act of 1966 (Public Law 89-719). MR/slb3 6/5/12 Our file no. 5353509 - FT5
05/11 05/18 05/25 06/01
STATE OF GEORGIA
COUNTY OF WHITFIELD