STATE OF GEORGIA
COUNTY OF PUTNAM
NOTICE OF SALE
Under and by virtue of the Power of Sale contained in a Security Deed given by William B. Daniels and Wanda S. Daniels to IndyMac Bank, F.S.B., dated May 23, 2008, recorded on June 16, 2008 in Deed Book 641, Page 800-811, Putnam County, Georgia Records, said Security Deed having been last sold, assigned, transferred and conveyed to OneWest Bank, FSB, the secured creditor, by Assignment conveying the after-described property to secure a Note in the original principal amount of One Hundred Seventy-Seven Thousand Two Hundred Nineteen and 00/100 DOLLARS ($177,219.00), 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 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 lot or parcel of land lying and being in Land Lots 238 and 271 of the 4th Land District, Putnam County, Georgia, containing 1.44 Acres, more or less, being known and designated as Lot 3, Unit Three of Cedar Cove Subdivision, as shown on a plat of survey prepared by W.T. Dunahoo and Associates, Inc., certified by W.T. Dunahoo, Registered Land Surveyor, dated September 21, 1979, recorded in Plat Book 12, Page 175, in the Office of the Clerk of Superior Court, Putnam County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference.
Said property is known as 288 Parks Mill Road, Buckhead, GA 30625, 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 William B. Daniels and Wanda S. Daniels, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of William B. Daniels and Wanda S. Daniels 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 on behalf of the secured creditor, OneWest Bank, FSB, is as follows: OneWest Bank, FSB, P. O. Box 4045, Kalamazoo, MI 49003, 800-781-7399. 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
William B. Daniels and
Wanda S. Daniels
1301 Hightower Trail, Suite 305
Sandy Springs, Georgia 30350
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.