The Eatonton Messenger
Putnam County

STATE OF GEORGIA COUNTY OF PUTNAM NOTICE OF SALE UNDER POWER
Feb 05, 2013 | 130 views | email to a friend | print

STATE OF GEORGIA

COUNTY OF PUTNAM

NOTICE OF SALE

UNDER POWER

Because of a default in the payment of the indebtedness secured by a Security Deed executed by Mary Feliciano Phillips and Michael J. Phillips to Mortgage Electronic Registration Systems, Inc. as nominee for Irwin Mortgage Corporation, and its successors and assigns dated July 7, 2006, and recorded in Deed Book 555, Page 573, Putnam County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank by Assignment, securing a Note in the original principal amount of $166,388.00, 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 the first Tuesday, March 5, 2013, 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 374th GMD, Putnam County, Georgia, containing 5.0 acres, more or less, designated as Lot 40 Elmwood Estates Subdivision, Phase 2, on plat recorded in Plat Book 28, page 65, Clerk's Office, Putnam County Superior Court and incorporated herein. Being a portion of the property conveyed in Deed Book 445, page 97, said Clerk's Office.

Said property is known as 115 Elmwood Drive, Eatonton, GA 31024, together with all fixtures and personal property attached to and constituting a part of said property, if any.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now 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 proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law.

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 secured creditor.

The property is or may be in the possession of Mary F Phillips and Michael J Phillips, successor in interest or tenant(s).

EverBank

as Attorney-in-Fact for

Mary Feliciano Phillips

and Michael J. Phillips

File no. 12-037840

SHAPIRO, SWERTFEGER & HASTY, LLP*

Attorneys and Counselors at Law

2872 Woodcock Blvd., Suite 100

Atlanta, GA 30341-3941

(770) 220-2535/SJ

www.swertfeger.net

*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

[FC-NOS]

02-07,14,21,28c