NOTICE OF SALE UNDER POWER
STATE OF GEORGIA, COUNTY OF ELBERT
Under and by virtue of the Power of Sale contained in a Security Deed given by Martin Moates to Ameriquest Mortgage Company, dated June 28, 2004, recorded on July 14, 2004 in Deed Book 372, Page 229, Elbert County, Georgia Records, said Security Deed having been last sold, assigned, transferred and conveyed to CitiMortgage, Inc., the secured creditor, by Assignment conveying the after-described property to secure a Note in the original principal amount of One Hundred Ten Thousand Six Hundred and 00/100 DOLLARS ($110,600.00), with interest thereon as set forth therein, the holder thereof pursuant to said Deed and 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 January 2, 2013 during the legal hours of sale, before the Courthouse door in said 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, with improvements thereon, lying and being in the 192nd G.M. District of Elbert County, Georgia, Containing 3.84 acres, more or less, and being more particularly described in a Plat of survey prepared by Clelland A. Tyson, R.L.S. dated October 7, 1974, and recorded in Plat Book 9,, at page 485, Elbert County, Georgia Records, said Plat and the recording thereof being expressly by reference incorporated herein and made a part of this description.
Said property is known as 3551 Olaff Mccall Road, Elberton, GA 30635, together with all fixtures and personal property attached to and constituting a party of said property, if any.
Said property will be sold as the property of Martin Moates, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Martin Moates or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, 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 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.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation of the audit of the status of the loan as provided immediately above.
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, without limitation, attorneys fees. Notice has been given of intention to collect attorneys fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law.
Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above-described mortgage on behalf of the secured creditor, CitiMortgage, Inc., is as follows: CitiMortgage, Inc., 1000 Technology Drive, O`Fallon, MO 63304, 1-800-422-1498. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
CitiMortgage, Inc. as Attorney in Fact for Martin Moates
MORRIS HARDWICK SCHNEIDER, LLC
1301 Hightower Trail, Suite 305, Sandy Springs, Georgia 30350
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.