STATE OF GEORGIA
COUNTY OF WHITE
NOTICE OF SALE UNDER
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated November 30, 2007, executed by Robert C. Whiteley, Jr. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Homestar Financial Corporation, recorded in Deed Book 1229, Page 343, White County, Georgia Deed Records, and securing a Note in the original principal amount of $97,900.00, 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 December, 2012, to-wit: December 4, 2012, during the legal hours of sale, before the White County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in Land Lot 9 of the 1st Land District of White County, Georgia, and being more particularly described as follows:
Beginning at a point on the centerline of Wildwood Acres Road, formerly known as Timberland Road and a common corner of Lot 9 and 10B of the Wildwood Acres Subdivision thence along the centerline of Wildwood Acres Road north 86 degrees 11 minutes west 42.00 feet; thence 86 degrees 11 minutes west 58 feet to a point on the centerline of Wildwood Acres Road and a common corner of Lot 10A and 10B; thence leaving the centerline of Wildwood Acres Road north 3 degrees 30 minutes east 25 feet to an iron pin; thence north 3 degrees 30 minutes east 33.98 feet to an iron pin; thence north 57 degrees 23 minutes 24 seconds east 62.69 feet to a point; thence north 21 degrees 19 minutes 49 seconds west 54.99 feet to a point; thence north 5 degrees 23 minutes 35 seconds west 41.59 feet to a point; thence north 6 degrees 53 minutes 57 seconds east 65.18 feet to an iron pin; thence north 89 degrees 37 minutes 49 seconds east 75.18 feet to an iron pin on the common property boundary separating Lot 10B and 9; thence along the common property boundary separating Lot 10B and 9 south 3 degrees 30 minutes west 257.61 feet to the common corner of Lot 10B and 9 on the centerline of Wildwood Acres Road, formerly known as Timberland Road and the POINT OF BEGINNING.
LESS AND EXCEPT that portion of the above described property within the right of way which has been conveyed to White County through a Rural Post Roads Right-of-Way Deed, dated 4/4/1998, recorded 10/8/1998, and of record in Deed Book 556, Page 343, White County, Georgia Deed Records.
Said tract being a portion of Lot 10B Wildwood Acres Subdivision all in accordance with a plat of survey prepared by Eddie Hood, County Surveyor, recorded in Plat Book 37, Page 176, White County, Georgia Deed Records. Reference to said Plat and the description contained therein being incorporated herein by reference for a full and complete description of said tract.
Said tract being subject to the restrictive covenants of record, existing easements for public utilities and the unobstructed nonexclusive right of ingress and egress of the others along the existing subdivision roadway and the 15 foot gravel road easement as shown on said plat. Also conveyed is the unobstructed nonexclusive right of ingress and egress along the existing subdivision roadway and gravel road easement as shown on the aforementioned plat.
The aforedescribed real property is also known as 28 Swan Drive, Cleveland, GA 30528, according to the present system of numbering houses in White County, Georgia.
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.
The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Ocwen Loan Servicing, LLC, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. The telephone number is (877) 596-8580.
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.
Upon information and belief, said real property is presently in the possession or control of ROBERT C. WHITELEY, JR. 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.
OCWEN LOAN SERVICING, LLC
as Attorney-in-Fact for
ROBERT C. WHITELEY, JR.
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.