STATE OF GEORGIA
COUNTY OF TOWNS
NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of Sale contained in a Security Deed given by Jeffrey E. Generas and Cindy C. Arrington to Citizens Fidelity Mortgage Corp., dated 01/28/2003, recorded on February 3, 2003 in Deed Book 263 at Page 334, Towns County, Georgia Records. Having been last sold, assigned, transferred and conveyed to Deutsche Bank National Trust Company, as Trustee of Residential Asset Securitization Trust Series 2003-A2, Mortgage Pass-Through Certificates, Series 2003-B under the Pooling and Servicing agreement dated February 1, 2003 by Assignment conveying the after-described property to secure a Note in the original principal amount of 368,000.00, 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 51 AND 58, 17TH DISTRICT, 1ST SECTION, TOWNS COUNTY, GEORGIA, CONTAINING 1.24 ACRES, AND BEING LOT 25, BLOCK G, LAKE FOREST ESTATES, AS SHOWN ON A PLAT OF SURVEY BY JAMES A. LONG, REGISTERED SURVEYOR #1579, DATED FEBRUARY 15, I986 AND RECORDED IN PLAT BOOK 10, PAGE 61, TOWNS COUNTY RECORDS, WHICH DESCRIPTION ON SAID PLAT IS INCORPORATED HEREIN BY REFERENCE.
THE PROPERTY IS CONVEYED SUBJECT TO THE ROAD EASEMENT WHICH BOUNDS THE TRACT AS SHOWN ON SAID PLAT OF SURVEY.
THE GRANTORS GRANT TO GRANTEE A NON-EXCLUSIVE PERPETUAL EASEMENT FOR INGRESS AND EGRESS TO THE ABOVE DESCRIBED PROPERTY. SAID EASEMENT TO RUN FROM U.S. HIGHWAY 76 ALONG THE ROADS IN LAKE FOREST ESTATES.
THE PROPERTY IS SUBJECT TO THE RESERVATIONS AND RESTRICTIVE COVENANTS PERTAINING TO LAKE FOREST ESTATES AS RECORDED IN DEED BOOK 80, PAGE I78-180, TOWNS COUNTY, GEORGIA RECORDS.
Said property is known as 1125 Ramey Mountain Rd.
Hiawassee, GA 30546, 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 Jeffrey E. Generas and Cindy C. Arrington, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Jeffrey E. Generas and Cindy C. Arrington 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, C/O Loan Resolution Department 888 E Walnut St, Pasadena, CA 91101, 877-736-5556. 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.
Attorney for Deutsche Bank National Trust Company, as Trustee of Residential Asset Securitization Trust Series 2003-A2, Mortgage Pass-Through Certificates, Series 2003-B under the Pooling and Servicing agreement dated February 1, 2003 as Attorney in Fact for Jeffrey E. Generas and Cindy C. Arrington
100 Galleria Parkway, Suite 960
Atlanta, GA 30339
Phone: (866) 690-0418
By: James E. Albertelli, Esq.
For the Firm
THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.