Herald Journal
Greene County

STATE OF GEORGIA COUNTY OF GREENE NOTICE OF SALE UNDER POWER
Jul 30, 2012 | 178 views | email to a friend | print

STATE OF GEORGIA COUNTY OF GREENE

NOTICE OF SALE UNDER POWER

Under and by virtue of the Power of Sale contained in a Security Deed given by Jean Abell and Marshall Abell toFinancial Freedom Senior Funding Corporation, a Subsidiary of Indymac Bank, F.S.B. , dated April 26, 2007 , recorded on May 17, 2007 in Deed Book 884, Page 344, said Security Deed having been last sold, assigned, transferred and conveyed to OneWest Bank, FSB by Assignment conveying the after-described property to secure a Note in the original principal amount of $172,500.00, 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 August 7, 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 142nd District, G.M., Greene County, Georgia, containing 1.79 acres, more or less, as is more particularly known an that certain plat of survey for Jean C. Abell, by Perry D. Phelps, RLS No. 1384, dated February 12, 1996, and recorded in Plat Cabinet I, Slide 397, Page 8, in the Office of the Clerk of Superior Court of Greene County, Georgia, which said plat and the record thereof to hereby incorporated by this express reference. The property is bounded on the North and Northeast by John B. Webb, Jr.,; on the Southeast by the Northerly Right-of-Way of the Siloam-Veazey Road (County Road No. 74); on the South by Earl J. Whitaker and on the West by John B. Webb, Jr. The improvements thereon being commonly known as 3331 Siloam-Veazey Road, Greensvoro, Georgia 30642. Being the same lot or parcel of ground which by deed dated May 1, 1996 and recorded among the Land Records of Greene County in Book 342 Page 284, was granted and conveyed by John B. Webb, Jr., unto Jean C. Abell. Said property is known as 3331 Siloam Veazey Rd, Greensboro, Georgia., 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 Jean Abell and Marshall Abell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Jean Abell and Marshall Abell 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 is as follows:Financial Freedom Senior Funding Corporation 7700 W. Parmer Lane, Bldg. D Austin, TX 78729 Phone Number: (800) 441-4428. 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. OneWest Bank, FSB as Attorney in Fact for Jean Abell and Marshall Abell McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 12-05010 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 12jy4c _______________________________
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