NOTICE OF SALE UNDER POWER
GEORGIA, WALKER COUNTY
By virtue of the power of sale contained in a Security Deed from Robert C. Whiting and Janet M. Whiting to Mortgage Electronic Registration Systems Inc., as nominee for Mortgage Investors Group, its successors and assigns dated April 15, 2004 recorded in Deed Book 1247, Page 669-688, Walker County Records, and last assigned to Wilmington Trust Company, as successor to U.S. Bank National Association as trustee for MASTR Alternative Loan Trust 2004-7, conveying the after-described property to secure a Note in the original principal amount of EIGHTY THOUSAND ONE HUNDRED AND 00/100 ($80,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door of Walker County, Georgia, during the legal hours of sale on the first Wednesday, January 2, 2013 the following described property, to wit:
All that tract or parcel of land lying and being in Original Land Lot No. 209 in the 9th District and 4th Section of Walker County, Georgia, being known as part of Lots Three (3), Four (4), Fourteen (14) and Fifteen (15) of R.B. Bowman Subdivision as shown by plat of record in Plat Book 5, page 26, in the Office of the Clerk of the Superior Court of Walker County, Georgia, and being more particularly described as follows: Begin at an iron pin in the West line of Johnson Road, said iron pin being located North 26 degrees 38 minutes East 133.3 feet from the Southeast corner of Lot Two (2) of the hereinabove describe subdivision; thence run Northwardly along said Johnson Road North 26 degrees 38 minutes West 133.3 feet to an iron pin; thence run South 58 degrees 59 minutes West 297.4 feet to an iron pin in the East line of a 40 foot unopened right of way as shown on said plat; thence run Southwardly along the East line of said right of way South 28 degrees 41 minutes East 97 feet to an iron pin; thence run North 65 degrees 56 minutes East 293.1 feet to the point of beginning. Also conveyed is that part of the 40 foot right of way lying West of the hereinabove described property and as shown on plat of record in Plat Book 5, page 26, said Clerk s Office.
For prior deed reference see deeds in Deed Book 1091, page 319, as recorded in Deed Book 1104, Page 273, Deed Book 1091, page 321, as rerecorded in Deed Book 1104, Page 275, Deed Book 1087, page 411, and a QuitClaim Deed from Sandra Baker Hinton recorded simultaneously herewith in the Office of the Clerk of the Superior Court of Walker County, Georgia.
The Debt secured by said Security Deed has been and is hereby declared due because of nonpayment of the indebtedness when due and in the manner provided in the Note and Security Deed. The debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of sale, as provided in the Security Deed and by law, including attorney s fees, notice of intent to collect attorney s fees having been given.
Said property will be sold subject to any outstanding ad valorem taxes, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property Robert C. Whiting and Janet M. Whiting or, a tenant or tenants, and said property was or is commonly known as 1694 Johnson Road Chickamauga, GA 30707.
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.
Wilmington Trust Company, as successor to U.S. Bank National Association as trustee for MASTR Alternative Loan Trust 2004-7
As Attorney in Fact for
Robert C. Whiting and Janet M. Whiting
Martin & Brunavs
2800 North Druid Hills Rd.
Building B, Suite 100
Atlanta, GA 30329
M&B File No.: 12-15435/Publication Dates: December 5, 12, 19, 26 2012
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR, ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.