STATE OF GEORGIA<br /><br />COUNTY OF TIFT<br /><br /> <br /><br />NOTICE OF SALE<br /><br />UNDER POWER<br /><br /> <br /><br />Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated May 12, 2006, executed by Eddy F. Gutierrez to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Taylor, Bean & Whitaker Mortgage Corp., recorded in Deed Book 1271, Page 113, Tift County, Georgia Deed Records, and securing a Note in the original principal amount of $147,250.00, said Security Deed last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in September, 2012, to wit, September 4, 2012, during the legal hours of sale, before the Tift County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:<br /><br /> <br /><br />All that tract or parcel of land containing 1.0 acres, more or less, in Land Lot No. 331 in the 6th Land District of Tift county, Georgia, described as follows: Begin at a point on the north margin of U.S. Highway 83 where said margin intersects the west lot line of Lot No. 331; thence along the north margin of said U.S. Highway 82 south 73 00' east 169 feet to the point of beginning; thence north 00 13' east 258 feet to an iron pin; thence south 73 00' east 169 feet to an iron pin; thence south 00 13' west 258 feet to the north margin of U.S. Highway 82; thence along the north margin of said U.S. Highway 82 north 73 00' west 169 feet to the point and place of beginning. Said tract is more particularly shown on a plat of survey prepared by Harold G. Harper, Registered Land Surveyor, dated November 14, 1980, and recorded in Plat Book 13, Page 217, Office of the Clerk, of Superior Court of Tift county, Georgia, which plat and the recorded thereof are by reference incorporated herein as a part of this description. This tract of land is located on the south side of that certain parcel of land conveyed to Albert J. Mixon by deed from Mrs. Rosie V. Hand Matthews dated March 2, 1973, recorded in Deed Book 144, Page 32, in the Office of the Clerk of Tift Superior Court.<br /><br /> <br /><br />The aforedescribed real property is also known as 1839 US Highway 82 East, Tifton, GA 31794, according to the present system of numbering houses in Tift County, Georgia.<br /><br /> <br /><br />This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.<br /><br /> <br /><br />Said real 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.<br /><br /> <br /><br />Upon information and belief, said real property is presently in the possession or control of EDDY F. GUTIERREZ A/K/A EDDY F. GUTIERREZ, SR. and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.<br /><br /> <br /><br />OCWEN LOAN SERVICING, LLC<br /><br />as Attorney-in-Fact for<br /><br />EDDY F. GUTIERREZ<br /><br /> <br /><br />David W. Adams, Esquire<br /><br />Ellis, Painter, Ratterree & Adams LLP<br /><br />2 East Bryan Street, Suite 1001<br /><br />Savannah, Georgia 31401<br /><br />(912) 233-9700<br /><br /> <br /><br />THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED SERVICER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.<br /><br /> <br /><br /> 00036381<br /><br />8/11,18,25;09/01/12