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Pickens County

STATE OF GEORGIA COUNTY OF PICKENS NOTICE OF SALE UNDER POWER
Jul 26, 2012 | 124 views | email to a friend | print

STATE OF GEORGIA

COUNTY OF PICKENS

NOTICE OF SALE UNDER POWER

Under and by virtue of the Power of Sale contained in a Security Deed given by Phillip G Riddle to Mortgage Electronic Registration Systems, Inc., dated November 13, 2006, recorded in Deed Book 750, Page 587, Pickens County, Georgia Records, as last transferred to OneWest Bank, FSB by assignment recorded in Deed Book 965, Page 213, Pickens County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of One Hundred Nine Thousand and 0/100 Dollars ($109,000.00), 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 Land Lot 49 of the 23rd District, 2nd Section, Pickens County, Georgia, being Lot 20, Pickens West Estates, as per plat recorded in Plat Book MM, Pages 42, 43 and 44, Pickens County, Georgia Records, which plat is by reference incorporated herein and made a part hereof.

Said property is known as 246 West Destiny Dr., Fairmount, Ga. 30139, 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 Betty Sue Riddle, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Betty Sue Riddle 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: OneWest Bank FSB, 2900 Esperanza Crossing, Austin, TX 78758, 877-908-4357. 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 Phillip G Riddle

McCalla Raymer, LLC

1544 Old Alabama Road

Roswell, Georgia 30076

www.foreclosurehotline.net

This is an attempt to collect a debt. Any information obtained will be used for that purpose.

MR/tm10 8/7/12

Our file no. 5603612-FT15

(11-14)
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