Sylvester Local News
Worth County

Notice of Sale
Jan 09, 2013 | 253 views | email to a friend | print

Notice of Sale

Under Power

Georgia, Worth County

Under and by virtue of the Power of

Sale contained in a Deed to Secure

Debt given by ANNETTE EUBANKS

AND GERALD M. EUBANKS to

MORTGAGE ELECTRONIC REG-

ISTRATION SYSTEMS INC., AS

NOMINEE FOR AMERIS BANK,

dated APRIL 21, 2008, and record-

ed in Deed Book 793, Page 79,

Worth County, Georgia records, AS

LAST TRANSFERRED TO OCWEN

LOAN SERVICING, LLC ASSIGN-

MENT RECORDED DEED BOOK

885, PAGE 255, WORTH COUNTY,

GEORGIA RECORDS, conveying

the after-described property to se-

cure a Note of even date in the orig-

inal principal amount of

$297,000.00, 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

Worth County, Georgia, within the

legal hours of sale on the first Tues-

day in February, 2013, to wit: Feb-

ruary 05, 2013, the following de-

scribed property: ALL THAT TRACT

OR PARCEL OF LAND SITUATE,

LYING AND BEING IN LAND LOT

87 IN THE 7TH LAND DISTRICT

WORTH COUNTY, GEORGIA, AC-

CORDING TO THAT PLAT OF

SURVEY ENTITLED URVEY FOR

GERALD MAX EUBANKS AND AN-

NETTE H. EUBANKS DATED

APRIL 18, 2007, RECORDED IN

PLAT BOOK 32, PAGE 262,

WORTH COUNTY RECORDS,

SAID PROPERTY BEING MORE

PARTICULARLY DESCRIBED AS

FOLLOWS: TO LOCATE THE

POINT AND PLACE OF BEGIN-

NING OF THE TRACT HEREIN

CONVEYED, COMMENCE AT THE

NORTHEAST INTERSECTION OF

DOERUN ROAD WITH LIBERTY

HILL ROAD. FROM SAID POINT,

RUN THENCE SOUTH 89 DE-

GREES 33 MINUTES 30 SECONDS

EAST A DISTANCE OF 536.98

FEET ALONG THE NORTH MAR-

GIN OF LIBERTY HILL ROAD TO A

POINT, THIS BEING THE POINT

AND PLACE OF BEGINNING OF

THE TRACT HEREIN CONVEYED.

FROM SAID POINT AND PLACE

OF BEGINNING, RUN THENCE

NORTH 00 DEGREES 07 MINUTES

22 SECONDS WEST A DISTANCE

OF 348.45 FEET TO A POINT; RUN

THENCE SOUTH 89 DEGREES 33

MINUTES 30 SECONDS EAST A

DISTANCE OF 162.01 FEET TO A

POINT; RUN THENCE SOUTH 30

DEGREES 14 MINUTES 37 SEC-

ONDS EAST A DISTANCE OF

101.45 FEET TO A POINT; RUN

THENCE SOUTH 00 DEGREES 07

MINUTES 22 SECONDS EAST A

DISTANCE OF 194.93 FEET TO A

POINT; RUN THENCE NORTH 89

DEGREES 33 MINUTES 30 SEC-

ONDS WEST A DISTANCE OF

274.88 FEET TO A POINT, THIS

BEING THE POINT AND PLACE OF

BEGINNING OF THE TRACT

HEREIN CONVEYED. The debt se-

cured by said Deed to Secure Debt

has been and is hereby declared

due because of, among other pos-

sible 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 pay-

ing the same and all expenses of

this sale, as provided in the Deed to

Secure Debt and by law, including

attorney fees (notice of intent to

collect attorney fees having been

given). Said property is commonly

known as 580 LIBERTY HILL RD,

DOERUN, GA 31744, together with

all fixtures and personal property at-

tached to and constituting a part of

said property. To the best knowl-

edge and belief of the undersigned,

the party (or parties) in possession

of the subject property is (are): AN-

NETTE H. EUBANKS 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 prop-

erty, and (c) all matters of record su-

perior to the Deed to Secure Debt

first set out above, including, but not

limited to, assessments, liens, en-

cumbrances, zoning ordinances,

easements, restrictions, covenants,

etc. The sale will be conducted sub-

ject to (1) confirmation that the sale

is not prohibited under the U.S.

Bankruptcy Code; (2) O.C.G.A. Sec-

tion 9-13-172.1; and (3) final confir-

mation 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 un-

til 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 nego-

tiate, amend and modify all terms of

the mortgage with the debtor is:

Ocwen Loan Servicing, LLC

Attention: Home Retention Depart-

ment

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

OCWEN LOAN SERVICING, LLC

as attorney in fact for

ANNETTE EUBANKS AND GE-

RALD M. EUBANKS

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 IN-

FORMATION OBTAINED WILL BE

USED FOR THAT PURPOSE.

AFC12-1337