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 JIMMY D. JONES and NITA L. JONES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 17, 2007, recorded on February 7, 2007 in Deed Book 1275, Page 339, Barrow County, Georgia Records, said Security Deed having been last sold, assigned, transferred and conveyed to Deutsche Bank National Trust Company, as Trustee of the IndyMac INDX Mortgage Trust 2007-AR1, Mortgage Pass-Through Certificates, Series 2007-AR1 under the Pooling and Servicing Agreement dated February 1, 2007, the secured creditor, by Assignment conveying the after-described property to secure a Note in the original principal amount of Two Hundred Thirty-Nine Thousand Two Hundred and 00/100 DOLLARS ($239,200.00), 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 December 4, 2012 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 lying and being in the 1742nd (Statham) District, G.M., Barrow County, Georgia, comprised of 1.921 Acres and fully shown on a plat entitled Survey for Jimmy D. Jones and Nita M. Jones , dated April 20, 1989, prepared by Borders and Associates, Certified by Paul E. Borders, Georgia Registered Surveyor Number 1995, recorded in Plat Book 32, Page 226, in the Office of the Clerk of the Superior Court of Barrow County, Georgia records, which plat is incorporated herein by reference and made a part of this description.
Said property is known as 39 Lois Kinney Road, Statham, GA 30666, 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 Jimmy D. Jones and Nita L. Jones, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Jimmy D. Jones and Nita L. Jones 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, Deutsche Bank National Trust Company, as Trustee of the IndyMac INDX Mortgage Trust 2007-AR1, Mortgage Pass-Through Certificates, Series 2007-AR1 under the Pooling and Servicing Agreement dated February 1, 2007, is as follows: OneWest Bank, FSB, P. O. Box 4045, Kalamazoo, MI 49003, 800-781-7399. 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.
Deutsche Bank National Trust Company, as Trustee of the IndyMac INDX Mortgage Trust 2007-AR1, Mortgage Pass-Through Certificates, Series 2007-AR1 under the Pooling and Servicing Agreement dated February 1, 2007
as Attorney in Fact for
Jimmy D. Jones and Nita L. Jones
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.
This is an attempt to collect a debt and any information obtained may be used for that purpose.