The Cairo Messenger
Grady County

Notice of Sale
Jan 07, 2013 | 170 views | email to a friend | print

Notice of Sale

Under Power

Georgia, Grady County

Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by MICHAEL A. MCCULLER AND CHARLENE MCCULLER to CENTURY MORTGAGE CORPORATION, dated DECEMBER 21, 1999, and recorded in Deed Book 492, Page 352, Grady County, Georgia records, AS LAST TRANSFERRED TO WELLS FARGO BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, SOLELY IN ITS CAPACITY AS TRUSTEE FOR PROVIDENT BANK HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2000-1 BY ASSIGNMENT RECORDED IN DEED BOOK 620, PAGE 277, GRADY COUNTY, GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $59,200.00, 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 Grady County, Georgia, within the legal hours of sale on the first Tuesday in February, 2013, to wit: February 05, 2013, the following described property:

A CERTAIN LOT IN THE CITY OF CAIRO, GRADY COUNTY, GEORGIA, TOGETHER WITH ALL VALUABLE IMPROVEMENTS THEREON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST MARGIN OF THE SOUTH BROAD STREET AT THE SOUTHWEST CORNER OF THE LARRY HANCOCK LOT, WHICH POINT IS IDENTIFIED BY A MARKER IN PLACE; THENCE EASTERLY ALONG THE SOUTH PROPERTY LINE OF SAID HANCOCK LOT A DISTANCE OF APPROXIMATELY 230 FEET TO THE PROPERTY FORMERLY OWNED BY C.M. MUGGRIDGE; THENCE SOUTH ALONG SAID MUGGRIDGE PROPERTY LINE A DISTANCE OF 240 FEET, MORE OR LESS, TO THE PROPERTY OF VIOLA NEFF; THENCE WEST IN A STRAIGHT LINE ALONG THE NORTH LINE ALONG THE NORTH LINE OF NEFF PROPERTY A DISTANCE OF 240 FEET TO THE EAST MARGIN OF SOUTH BROAD STREET, THENCE NORTH ALONG THE EAST MARGIN OF THE SOUTH BROAD STREET, THENCE NORTH ALONG THE EAST MARGIN OF SOUTH BROAD STREET A DISTANCE OF 240 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. x

THE ABOVE DESCRIBED PROPERTY BEING PART OF THAT CERTAIN 5 ACRE TRACT OF LAND CONVEYED TO W.L BELCHER AND EVA S. BELCHER, BY DEED DATED OCTOBER 5, 1943, RECORDED IN DEED BOOK 47, PAGE 385, DEED RECORDS OF GRADY COUNTY, GEORGIA, AND BEING ALL OF SAID 5 ACRE TRACT THAT LIES SOUTH OF THE LARRY HANCOCK RESIDENCE LOT.

The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney s fees (notice of intent to collect attorney s fees having been given).

Said property is commonly known as 1215 SOUTH BROAD ST, CAIRO, GA 31728, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): MICHAEL A. MCCULLER AND CHARLENE MCCULLER or tenant or tenants.

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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.

The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) 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 nonjudicial 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 in the preceding paragraph.

Pursuant to O.C.G.A. Section 44-14-162.2, 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

Facsimile: 1-407-737-5693

The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.

This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being

WELLS FARGO BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, SOLELY IN ITS CAPACITY AS TRUSTEE FOR PROVIDENT BANK HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2000-1

as attorney in fact for

MICHAEL A. MCCULLER AND CHARLENE MCCULLER

Richard B. Maner, P.C.

5775 Glenridge Drive

Building D, Suite 100

Atlanta, GA 30328

(404)252-6385

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.