NOTICE OF SALE
Pursuant to the Power of Sale contained in a Security Deed given by Christopher Matthew Kirkley to Mortgage Electronic Registration Systems, Inc. as nominee for First Horizon Home Loan Corporation dated 2/5/2007 and recorded in Deed Book 1372 Page 367, Thomas County, Georgia records; as last transferred to The Bank of New York Mellon f/k/a The Bank of New Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates FHAMS 2007-FA2, by First Horizon Home Loans, a division of First Tennessee Bank National As Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement, conveying the after-described property to secure a Note in the original principal amount of $ 96,700.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Thomas County, Georgia, within the legal hours of sale on March 05, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
All that tract or parcel of land situate, lying and being in the City of Thomasville, Thomas County, Georgia, and designated as Lot Number 9 in Block "D" of FOREST HILLS SUBDIVISION as shown by the plat of said block prepared by James A. Anderson, Jr., Reg. Surveyor, dated May 20, 1969, a copy of which said plat is recorded in Plat Book 1, Folio 95, of the Public Records of Thomas County, Georgia, and more particularly described as follows: BEGINNING at an iron pin on the north margin of Oriole Drive which is located 106 feet north 88 degrees 38 minutes east from the northeast corner formed by the intersection of Partridge Drive with Oriole Drive and running thence north 1 degree 27 minutes west 149.66 feet to an iron pin; thence north 88 degrees 38 minutes 30 seconds east 98 feet to an iron pin; thence south 1 degree 27 minutes east 149.63 feet to an iron pin on the north margin of Oriole Drive; thence south 88 degrees 38 minutes west along the north margin of Oriole Drive 98 feet to the point of beginning.
The above described property is conveyed subject to the restrictions of record affecting same.
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 the Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property is commonly known as 1205 Oriole Drive, Thomasville, GA 31792 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Christopher Matthew Kirkley or tenant or tenants.
Nationstar Mortgage, LLC is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.
Nationstar Mortgage, LLC
350 Highland Dr.
Lewisville, TX 75067
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 and audit of the status of the loan as provided immediately above.
The Bank of New York Mellon f/k/a The Bank of New Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates FHAMS 2007-FA2, by First Horizon Home Loans, a division of First Tennessee Bank National As Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement as agent and Attorney in Fact for Christopher Matthew Kirkley
Aldridge Connors, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1006-091