Notice of Sale
GEORGIA, PULASKI COUNTY
THIS IS AN ATTEMPT 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 Kerry Clark Smith and Holly Smith to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR SOUTHSTAR FUNDING, LLC, dated May 15, 2006, recorded in Deed Book 233, Page 689, Pulaski County, Georgia records, as last transferred to U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2006, GSAMP TRUST 2006-HE5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE5 by assignment recorded or to be recorded, Pulaski County, Georgia records conveying the after-described property to secure a Note in the original principal amount of FIFTY ONE THOUSAND THREE HUNDRED AND 00/100 DOLLARS ($51,300.00); 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 Pulaski County, Georgia, within the legal hours of sale on the first Tuesday in September, 2012 the following described property:
ALL THAT TRACT OR PARCEL OF LAND TOGETHER WITH ONE STORY RESIDENCE LOCATED THEREON SITUATE, LYING AND BEING IN LOT OF LAND NO. 383 IN THE TWENTY-FIRST (21ST) LAND DISTRICT OF PULASKI COUNTY, GEORGIA, AND ON THE SOUTH OR SOUTHEAST SIDE OF U.S. HIGHWAY 129, AND ON THE NORTHEAST SIDE OF GREGORY DRIVE AND DESIGNATED AS LOT NO. 3, IN SECTION 2, AND MORE FULLY DESCRIBED ACCORDING TO A PLAT THEREOF MADE BY JIM H. ROSS, IN DECEMBER, 197, WHICH PLAT IS RECORDED IN PLAT BOOK 3, PAGE 245, IN PUBLIC RECORDS OF PULASKI COUNTY, GEORGIA, AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH OR SOUTHEAST MARGIN OF U.S. HIGHWAY 129 WITH THE NORTHEAST ORIGINAL LOT LINE OF SAID LOT NO. 383, THENCE RUNNING SOUTH 59 DEGREES 30 MINUTES WEST ALONG THE MARGIN OF SAID U.S. HIGHWAY 129 1,515 FEET TO THE NORTHEAST MARGIN OF SAID GREGORY DRIVE; THENCE SOUTH 30 DEGREES 30 MINUTES EAST 200 FEET ALONG THE MARGIN OF SAID GREGORY DRIVE TO A FIXED POINT; WHICH IS THE CORNER BETWEEN LOTS 2 AND 3 IN SAID SECTION 2, AND IS THE BEGINNING POINT OF THE LANDS HEREIN DESCRIBED; AND FROM THIS POINT OF BEGINNING THUS ESTABLISHED THEN CONTINUING SOUTH 30 DEGREES 30 MINUTES EAST ALONG THE MARGIN OF GREGORY DRIVE 100 FEET TO THE CORNER BETWEEN LOTS 3 AND 4, 135 FEET TO A FIXED POINT; THENCE NORTH 30 DEGREES 30 MINUTES WEST 100 FEET ON A LINE PARALLEL WITH THE MARGIN OF GREGORY DRIVE AND TO THE CORNER BETWEEN LOTS 2 AND 3 IN SAID SECTION 2; THENCE SOUTH 59 DEGREES 30 MINUTES WEST 135 FEET ALONG THE LINE BETWEEN LOTS 2 AND 3 TO THE POINT OF BEGINNING.
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: Ocwen Loan Servicing LLC, Attention: Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. 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 parties in possession of the property are Kerry Clark Smith and Holly Smith or a tenant or tenants and said property is more commonly known as 11 Gregory Dr, Hawkinsville, GA 31036.
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.
U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2006, GSAMP TRUST 2006-HE5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE5
As Attorney in Fact for Kerry Clark Smith and Holly Smith
Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 013851