STATE OF GEORGIA
COUNTY OF WILKES
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Anthony Wayne Howard and Laura Ann Howard to Regions Mortgage, Inc. dated February 24, 1999, and recorded in Deed Book 173, Page 310, Wilkes 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 $59,747.00, 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, February 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 of parcel of land lying and being in the 164th district, G.M., Wilkes County, Georgia, containing .40 ACRES, more or less, being bounded on the North by lands of John A. and Marcia P. Delaney, on the East by Susan Lane, on the South by Forest Lane, and on the West by lands of Arthur W. Garber, as shown by plat prepared by James F. Mattison, RLS, dated February 5, 1999, and recorded in Plat Cabinet 10, Slide 147, Page 259, Clerk's Records, Wilkes County Superior Court. The property is Lot #1, Block D, and a portion of Lot #19, Block D, Westpark Subdivision also known as Jackson Heights.
Said property is known as 223 Forest Lane, Washington, GA 30673, 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 Anthony W. Howard and Laura A. Howard, successor in interest or tenant(s).
EverBank as Attorney-in-Fact for Anthony Wayne Howard and Laura Ann Howard
File no. 12-036972
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.