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Barrow County

Notice of Sale
Nov 08, 2012 | 103 views | email to a friend | print

Notice of Sale

Notice of Sale Under Power

Georgia, Barrow County


Under and by virtue of the Power of Sale contained in a Security Deed given by ANDY S. THORNTON A/K/A ANDREW S. THORNTON and MELANIE THORNTON to FIFTH THIRD MORTGAGE COMPANY, dated March 25, 2008, recorded in Deed Book 1391, Page 383, Barrow County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($144,500.00), 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 Barrow County, Georgia within the legal hours of sale on the first Tuesday in December, 2012, the following described property: SEE EXHIBIT A 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 s fees (notice of intent to collect attorney s 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.

Fifth Third Mortgage Company is the holder of the Note and Security Deed to the property in accordance with OCGA 44-14-162.2.

The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Fifth Third Bank, 5001 Kingsley Drive, MD 1MOB-BW, Cincinnati, OH 45227, 800-375-1745opt3.

To the best knowledge and belief of the undersigned, the party in possession of the property is Andy S. Thornton and Melanie Thornton or a tenant or tenants and said property is more commonly known as 674 Tom Miller Rd, Winder, Georgia 30680.

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 s lien on real estate and this law firm will not be seeking a personal money judgment against you.

Fifth Third Mortgage Company

as Attorney in Fact for

Andy S. Thornton A/K/A Andrew S. Thornton and Melanie Thornton

McCalla Raymer, LLC

1544 Old Alabama Road

Roswell, Georgia 30076

MR/pvm 12/4/12

Our file no. 5980812-FT17


All that tract or parcel of land lying and being in the 316th District, G.M., Barrow County, Georgia, being Lot 2, of Evergreen Estates Subdivision, Unit One, and being more particularly described and delineated according to a plat and survey prepared by Borders and Associates, certified by Paul E. Borders, Georgia Registered Surveyor No. 1995, entitled Survey of Evergreen Estates-Unit One , said plat being of record in the Office of the Clerk of the Superior Court of Barrow County, Georgia in Plat Book 40, Page 138, which said plat and the recording thereof are by specific reference hereto incorporated herein for a more complete and detailed description.

MR/pvm 12/4/12

Our file no. 5980812 - FT17

(NV7,14,21,28B/19698 #5980812-70T1P)