Notice of Sale Under Power. State of Georgia, County of LEE. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by SAMUEL W FLOYD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ( ERS AS NOMINEE FOR PHH MORTGAGE CORPORATION D/B/A ERA MORTGAGE , dated 04/27/2009, and Recorded on 04/28/2009 as Book No. 1327 and Page No. 0020, LEE County, Georgia records, as last assigned to PHH MORTGAGE CORPORATION (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $96,911.00, 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 LEE County Courthouse within the legal hours of sale on the first Tuesday in December, 2012, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 244 & 243, 2ND LAND DISTRICT OF LEE COUNTY, GEORGIA, AND BEING ALL OF CONDOMINIUM UNIT B, IN BUILDING 24 OF PHASE TWO OF THE RESERVE CONDOMINIUMS AS RECORDED IN CONDOMINIUM PLAT CABINET 1, FILE 1 IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF LEE COUNTY, GEORGIA INCLUDING THE RESPECTIVE INTEREST OF SUCH UNIT IN THE COMMON AREAS OF SAID CONDOMINIUMS TOGETHER WITH ALL RIGHT, TITLE AND INTEREST APPLICABLE AND APPURTENANT TO SAID UNIT AS ESTABLISHED UNDER THE DECLARATION OF CONDOMINIUM OF SAID CONDOMINIUM AS RECORDED IN DEED BOOK 1202, PAGE 162, LEE COUNTY LAND RECORDS, AS AMENDED.
THE INTEREST DESCRIBED HEREIN INCLUDES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AN UNDIVIDED INTEREST IN THE COMMON AREA AND ELEMENTS OF THE RESERVE CONDOMINIUMS AS MORE PARTICULARLY ESTABLISHED IN THE ABOVE-REFERENCE DECLARATION OF CONDOMINIUMS, AS AMENDED, AND THE RIGHTS IN INGRESS TO AND EGRESS FROM SAID CONDOMINIUM UNIT AND THE RIGHT TO USE, FOR ALL PROPER PURPOSES, ANY AND ALL PORTIONS OF THE CONDOMINIUM DESIGNATED AS COMMON AREA AND COMMON ELEMENT. THE PLANS FOR SAID CONDOMINUM ARE FILED IN THE CONDOMINIUM CABINET IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF LEE COUNTY, GEORGIA. 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 fees (notice of intent to collect attorney fees having been given). PHH MORTGAGE CORPORATION holds the duly endorsed Note and is the current assignee of the Security Deed to the property. PHH MORTGAGE CORP. F/K/A CENDANT MORTGAGE CORP., acting on behalf of and, as necessary, in consultation with PHH MORTGAGE CORPORATION (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44-14-162.2, PHH MORTGAGE CORP. F/K/A CENDANT MORTGAGE CORP. may be contacted at: PHH MORTGAGE CORP. F/K/A CENDANT MORTGAGE CORP., 2001 BISHOPS GATE BLVD., MT. LAUREL, NJ 08054, 800-750-2518. Please note that, pursuant to O.C.G.A. 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 1449 US HWY 19 S #24B, LEESBURG, GEORGIA 31763 is/are: SAMUEL W FLOYD 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. PHH MORTGAGE CORPORATION as Attorney in Fact for SAMUEL W FLOYD. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120028701240 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.
Nov. 7, 14, 21, and 28 90 pw