Notice of Sale Under Power. State of Georgia, County of WAYNE. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by DEBBIE M BROWN AND DANA A BROWN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR U.S. BANK N.A. , dated 04/09/2010, and Recorded on 07/02/2010 as Book No. 522 and Page No. 376-400, WAYNE County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $116,394.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the WAYNE County Courthouse within the legal hours of sale on the first Tuesday in September, 2012, the following described property: LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN CITY OF JESSUP IN THE COUNTY OF WAYNE, AND STATE OF GEORGIA AND BEING DESCRIBED IN A DEED DATED 04/21/2004 AND RECORDED 05/03/2004 IN BOOK 457 PAGE 236 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS:
ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE 1313TH G.M. DISTRICT OF WAYNE COUNTY, GEORGIA, CONTAINING 2.00 ACRES, AS SHOWN BY SURVEY PREPARED BY QUILLIE E. KINARD, JR., R.L.S. NO. 1572, DATED JUNE 24, 1992, AND RECORDED IN THE OFFICE OF THE CLERK OF WAYNE COUNTY, SUPERIOR COURT IN PLAT BOOK 27, FOLIO 83. SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE NORTHEAST BOUNDARY OF COUNTY ROAD NUMBER 263 INTERSECTS WITH THE UNION CHURCH ROAD; THENCE SOUTH 50 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 0.7 MILES TO THE POINT OF BEGINNING MARKED BY AN IRON PIN; THENCE, FROM SAID POINT OF BEGINNING NORTH 40 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 275.96 FEET TO A POINT; THENCE, SOUTH 50 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF OF 315.70 FEET TO A POINT; THENCE, SOUTH 40 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 275.96 FEET TO A POINT LOCATED ON THE NORTHEAST BOUNDARY OF COUNTY ROAD NUMBER 263; THENCE NORTH 50 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 315.70 FEET TO THE POINT OF BEGINNING. REFERENCE IS HEREBY MADE TO SAID PLAT AND THE RECORD THEREOF FOR ALL PURPOSES OF DESCRIPTION.
PARCEL NO. 163-8-4 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. Because the debt remains 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). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: U.S. BANK NATIONAL ASSOCIATION, 4801 FREDERICA ST, Foreclosure ATTN: BANKRUPTCY DEPT, OWENSBORO, KY 42301, 602-264-6101. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 8351 RIVER RD, JESUP, GEORGIA 31546 is/are: DEBBIE M BROWN AND DANA A BROWN or tenant/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; and (2) 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. U.S. BANK NATIONAL ASSOCIATION as Attorney in Fact for DEBBIE M BROWN AND DANA A BROWN. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120090100045 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.
Run Dates: August 8, 15, 22, 29, 2012