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The Champion Legal Sec
ion, Thursday, July 24, 2014
Page 29C
420-358428 7/10,7/17,7/24,7/31 wg
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. Un
der and by virtue of the Power of
Sale contained in that certain Equity
Reserve Line of Credit Agreement
("Agreement") and Deed to Secure
Debt ("Deed") from JOHN L. ADAMS
("Debtor"), to National City Bank,
dated October 3, 2002 , filed for re
cord October 10, 2002, and recorded
in Deed Book 13727, Page 620,
Dekalb County, Georgia Records,
said Deed having been given to se
cure an Equity Reserve Line of Cred
it Agreement, dated 10/03/2002, with
an original principal amount of ONE
HUNDRED SIXTY- FIVE THOU
SAND ONE HUNDRED FIFTY and
Zero Cent ($165, 150.00), with in
terest from date at the rate stated in
said Agreement of the unpaid bal
ance until paid, there will be sold by
the undersigned at public outcry to
the highest bidder for cash or certi
fied funds before the Courthouse
door of Dekalb County, Georgia, loc
ated at 556 North McDonough Street,
Decatur, Georgia 30030 within the
legal hours of sale on the first Tues
day in August, 2014 (August 5,
2014), the property commonly known
as 130 Glenn Circle Decatur, Geor
gia 30030 and more specifically de
scribed as all that tract or parcel of
land lying and being in Land Lot 247
of the 15th District, Dekalb County,
Georgia, being Lot 2, Block D, Glen-
wood Estates, as per plat recorded in
Plat Book 11, Page 14, Dekalb
County, Georgia Records said plat is
incorporated herein by reference
("Property").
The debt secured by said Deed has
been and is hereby declared due be
cause of, among other possible
events of default, non-payment of the
monthly installments on said loan.
The debt remaining in default, this
sale will be made for the purpose of
paying the same and all expenses of
this sale, including attorney's fees.
(Notice of intent to collect attorney's
fees having been given).
The individual or entity that has full
authority to negotiate, amend, and
modify all terms of the mortgage with
the Debtor is PNC Bank, National As
sociation, S/B/M/T National City Bank
6750 Miller Road, Mail Stop #BR-
YB58-01-3, Brecksville, Ohio 44141,
(866) 622-2657. Please understand
that the secured creditor is not re
quired to negotiate, amend, or modi
fy the terms of the mortgage instru
ment.
This sale will be conducted subject
(1) to confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code; (2) to final confirmation and
audit of the status of the loan with the
holder of the Deed; (3) all outstand
ing taxes (including ad valorem) and
assessments, and any additional
taxes which result from a reassess
ment of the Property; (4) riparian
rights incident to the Property; (5)
rights of tenants in possession, as
tenants only, under unrecorded
leases, without purchase or rights of
first refusal; (6) all valid zoning ordin
ances; and (7) all other, if any, ease
ments, limitations, reservations, cov
enants, restrictions, deeds to secure
debt, liens and other encumbrances
and matters of public records to
which the Deed is junior and subor
dinate in terms of priority under the
laws of the State of Georgia, includ
ing the lien of that Security Deed, ori
ginally to Southeastern Mortgage,
dated October 3, 2002, filed in Deed
Book 13727, Page 603 of the Dekalb
County Records, with an original prin
cipal amount of Three Hundred Ten
Thousand and Zero Cent
($310,000.00). The Property will be
sold on an "as is, where is" basis and
without representation or warranty of
any kind or nature whatsoever with
respect thereto.
To the best knowledge and belief of
the undersigned, the party in posses
sion of the property is John L. Adams
or a tenant or tenants.
PNC Bank, National Association,
s/b/m/t National City Bank
As Attorney-in-Fact for
++John L. Adams++
HALL BOOTH SMITH, P.C.
191 Peachtree Street, NE.
Suite 2900
Atlanta, Georgia 30303
(404) 954-5000
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NOTICE OF SALE UNDER POWER
IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF DEKALB
Under and by virtue of the Power of
Sale contained in the Security Deed
from T.O.B. Properties & Invest
ments, LLC to Citizens Trust Bank,
dated August 2, 2011, and recorded
in Deed Book 22664, Page 34, in the
offices of the Clerk of the Superior
Court of DeKalb County, Georgia (as
same may have been modified from
time to time, the “Security Deed”), the
undersigned will sell at public outcry
to the highest and best bidder for
cash before the door of the Court
house of DeKalb County, Georgia,
during the legal hours of sale, on the
first Tuesday in August, 2014, the fol
lowing described real property, to wit:
PARCEL 6:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 114 OF THE 15TH DISTRICT
OF DEKALB COUNTY, GEORGIA,
BEING LOT 2, BLOCK N, KNOLL-
WOOD SUBDIVISION, UNIT ONE-A,
PHASE II, AS PER PLAT RECOR
DED IN PLAT BOOK 39, PAGE 8,
DEKALB COUNTY, GEORGIA RE
CORDS.
KNOWN AS: 2491 HATFIELD
CIRCLE SE, ATLANTA, GA 30316-
3946
PARCEL 13:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 40 OF THE 15TH DISTRICT OF
DEKALB COUNTY, GEORGIA, BE
ING LOT 30, BLOCK A, OF RIVER-
WALK RIDGE SUBDIVISION, AS
PER PLAT RECORDED IN PLAT
BOOK 92, PAGE 130, DEKLAB
COUNTY, GEORGIA RECORDS.
KNOWN AS: 2970 PATTY HOWL,
DECATUR, GA 30034-6914
THIS SECURITY DEED ALSO EN
CUMBERS PROPERTY LOCATED
IN FULTON COUNTY, GEORGIA
WHICH IS BEING SOLD BY SEPAR
ATE SALE IN FULTON COUNTY.
In addition, under and by virtue of the
power of sale contained in the Secur
ity Deed, the undersigned will also
sell at public outcry to the highest
bidder for cash before the door of the
Courthouse of DeKalb County, Geor
gia, immediately following the sale of
the above-described real property,
the following described personal
property owned by T.O.B. Properties
& Investments, LLC, or its suc-
cessors-in-title and secured by the
Security Deed, to wit:
All personal property described in
and subject to the Security Deed,
which is hereby incorporated by this
reference.
Less and except any fixtures subject
to the security interest on the above-
described real property.
The debt secured by the Security
Deed is evidenced by a Promissory
Note, dated August 2, 2011, from
T.O.B. Properties & Investments, LLC
to Citizens Trust Bank in the original
principal amount of $440,375.00 (as
same may have been modified, re
newed or amended, collectively the
“Note”); plus interest from date on the
unpaid balance until paid, and other
indebtedness.
Default has occurred and continues
under the terms of the Note and Se
curity Deed by reason of, among oth
er possible events of default, the non
payment when due of the indebted
ness evidenced by the Note and se
cured by the Security Deed and the
failure to comply with the terms and
conditions of the Note and Security
Deed. By reason of this default, the
Security Deed has been declared
foreclosable according to its terms.
The above-described real property
will be sold to the highest and best
bidder for cash as the property of
T.O.B. Properties & Investments,
LLC, the proceeds to be applied to
the payment of said indebtedness, at
torneys' fees, and the lawful ex
penses of said sale, all as provided in
the Note and Security Deed. The sale
shall be subject to the following: all
outstanding ad valorem taxes and/or
assessments, if any; possible re
demptive rights of the Internal Reven
ue Service, if any; and all prior as
sessments, easements, restrictions
or matters of record.
To the best of the undersigned's
knowledge and belief, the real prop
erty is presently owned by T.O.B.
Properties & Investments, LLC.
To the best of the undersigned's
knowledge and belief, the party in
possession of the real property is
T.O.B. Properties & Investments,
LLC, and tenants holding under it.
All personal property will be sold in
one lot to the highest and best bid
der for cash as the property of T.O.B.
Properties & Investments, LLC, or its
successors-in-title, on an "as is,
where is" basis and without repres
entation, warranty or recourse, ex
press or implied, of the undersigned,
and subject to all matters of record
affecting said personal property, the
proceeds to be applied to the pay
ment of said indebtedness, attorneys'
fees and the lawful expenses of said
sale, all as provided in the Security
Deed.
Citizens Trust Bank
as Attorney-in-Fact for
++T.O.B. Properties & Investments,
LLC++.
M. Todd Westfall, Esquire
Howick, Westfall,
McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
By virtue of the Power of Sale con
tained in that certain Deed to Secure
Debt, First Lien, (the "Security Deed")
given by Charles Benson to HGP
Capital LLC, a Georgia limited liabil
ity company, dated April 18, 2008,
there will be sold by the undersigned
at public outcry to the highest bidder
for cash before the Courthouse door
at Dekalb County, Georgia, within the
legal hours of sale on the first Tues
day in August, 2014, the following de
scribed real property being known as
3366 Saxony Way, Lithonia, GA
30038, to wit:
All that tract or parcel of land lying
and being in Land Lot 12 of the 16th
District of DeKalb County, Georgia,
and being Lot 21, Block C, Salem
West Subdivision as per plat recor
ded in Plat Book 59, Page 44,
DeKalb County, Georgia records,
which recorded plat is incorporated
herein by this reference and made a
part of this description. Said property
being known as 3366 Saxony Way
according to the present system of
numbering houses in DeKalb County,
Georgia.
The debt secured by said Security
Deed has been and is hereby de
clared due because of, among other
possible events of default, non-pay
ment on said Note. The debt remain
ing in default, this sale will be made
for the purpose of paying the same
and all expenses of this sale.
Said property will be sold as the prop
erty of Charles Benson subject to all
easements and restrictions of record,
if any, affecting title to the property,
and all unpaid taxes and assess
ments and unpaid bills and assess
ments for water, sewage and sanita
tion or other utilities which may be li
ens upon the property, if any, as well
as any other matter having priority
over the above described Security
Deed.
To the best knowledge and belief of
the undersigned the above property
is in the possession of Charles Ben
son.
HGP Capital, LLC, a Georgia limited
liability company
as Attorney-in-Fact for
++Charles Benson++
HGP Capital, LLC
PO Box 99
Decatur, Georgia 30031
626-616-8900
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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
By virtue of the Power of Sale con
tained in that certain Deed to Secure
Debt, First Lien, (the "Security Deed")
given by Charles Benson to HGP
Capital LLC, a Georgia limited liabil
ity company, dated July 16, 2008,
there will be sold by the undersigned
at public outcry to the highest bidder
for cash before the Courthouse door
at Dekalb County, Georgia, within the
legal hours of sale on the first Tues
day in August, 2014, the following de
scribed real property being known as
63 Willowick Ct, Lithonia, GA
30038, to wit:
All that tract or parcel of land lying
and being in land Lot 74 of the 16th
District of DeKalb County, Georgia,
and being more particularly de
scribed as follows:
Condominium Villa No. 63, Building
No. 5 of Willowick, a condominium,
as more particularly described and
delineated in the declaration of con
dominium for Willowick, a condomini
um, recorded in Deed Book 2552,
Page 592, ET SEQ., DeKalb County,
Georgia records, as may be
amended.
This conveyance is made subject to
the declaration and all matters refer
enced therein, all matters shown on
the plat and floor plans recorded in
condominium Plat Book 1, Page 18,
DeKalb County, Georgia records,
aforesaid records as may be
amended.
The debt secured by said Security
Deed has been and is hereby de
clared due because of, among other
possible events of default, non-pay
ment on said Note. The debt remain
ing in default, this sale will be made
for the purpose of paying the same
and all expenses of this sale.
Said property will be sold as the prop
erty of Charles Benson subject to all
easements and restrictions of record,
if any, affecting title to the property,
and all unpaid taxes and assess
ments and unpaid bills and assess
ments for water, sewage and sanita
tion or other utilities which may be li
ens upon the property, if any, as well
as any other matter having priority
over the above described Security
Deed.
To the best knowledge and belief of
the undersigned the above property
is in the possession of Charles Ben
son.
HGP Capital, LLC, a Georgia limited
liability company
as Attorney-in-Fact for
++Charles Benson++
HGP Capital, LLC
PO Box 99
Decatur, Georgia 30031
626-616-8900
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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY of DEKALB
By virtue of the power of sale con
tained in that certain Deed to Secure
Debt from VICKIE H. WATSON to
MORTGAGE ELECTRONIC REGIS
TRATION SYSTEMS, INC., AS
NOMINEE FOR COUNTRYWIDE
BANK, FSB dated January 31, 2008,
filed for record February 12, 2008,
and recorded in Deed Book 20618,
Page 503, DEKALB County, Georgia
Records, as last transferred to
BAYVIEW LOAN SERVICING, LLC
by assignment recorded in Deed
Book 24389, Page 51, DEKALB
County, Georgia Records. Said Deed
to Secure Debt having been given to
secure a Note dated January 31,
2008 in the original principal sum of
TWO HUNDRED THIRTY SIX
THOUSAND THREE HUNDRED
SIXTY AND 0/100 DOLLARS
($236,360.00), with interest from date
at the rate stated in said Note on the
unpaid balance until paid, there will
be sold by the undersigned at public
outcry to the highest bidder for cash
before the Courthouse door at
DEKALB County, Georgia, within the
legal hours of sale on the first Tues
day in August, 2014, the following de
scribed property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING LAND
LOT 4 OF THE 15TH DISTRICT,
DEKALB COUNTY, GEORGIA, BE
ING LOT 94, LEGACY MILL, AS PER
PLAT RECORDED IN PLAT BOOK
175, PAGES 79-84, DEKALB
COUNTY RECORDS, SAID PLAT
BEING INCORPORATED HEREIN
BY REFERENCE THERETO.
To the best of the knowledge and be
lief of the undersigned, the party in
possession of the property is VICKIE
H. WATSON or a tenant or tenants.
Said property is more commonly
known as: 3736 BUSKER MILL
LANE, ELLENWOOD, GA 30294-
1691.
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due because of, among oth
er possible events of default, non
payment of the monthly installments
on said loan. The debt remaining in
default, this sale will be made for the
purpose of paying the same and all
expenses of this sale, including attor
ney’s fees (notice of intent to collect
attorney’s fees having been given).
The individual or entity that has full
authority to negotiate, amend, and
modify all terms of the loan is
BAYVIEW LOAN SERVICING, LLC,
4425 PONCE DE LEON BLVD, COR
AL GABLES, FL 33146; (800) 457-
5105.
Said property will be sold subject to
any outstanding ad valorem taxes (in
cluding taxes which are a lien, wheth
er or not now due and payable), the
right of redemption of any taxing au
thority, any matters which might be
disclosed by an accurate survey and
inspection of the property, any as
sessments, liens, encumbrances,
zoning ordinances, restrictions, cov
enants, and matters of record superi
or 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 pro
cedures regarding the rescission of
judicial and nonjudicial sales in the
State of Georgia, the Deed Under
Power and other foreclosure docu
ments may not be provided until final
confirmation and audit of the status of
the loan as provided in the preceding
paragraph.
Said property will be sold as the prop
erty of VICKIE H. WATSON.
BAYVIEW LOAN SERVICING, LLC
As Attorney-in-Fact for
++VICKIE H. WATSON++
Phelan Hallinan & Jones, LLC
303 Perimeter Center North, Suite
800
Atlanta, GA 30346
Telephone: 770-393-4300
Fax: 770-393-4310
PH # ++18621 WATSON++
This law firm is acting as a debt col
lector. Any information obtained will
be used for that purpose.
420-358442 7/10,7/17,7/24,7/31 WG
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY of DEKALB
By virtue of the power of sale con
tained in that certain Deed to Secure
Debt from THELMA B. CARDWELL
and JEANNINE M. AUSTIN to BANK
OF AMERICA, NA dated April 21,
2008, filed for record May 1, 2008,
and recorded in Deed Book 20790,
Page 15, DEKALB County, Georgia
Records, and as modified by that cer
tain Loan Modification Agreement re
corded in Deed Book 23967, Page
338, DEKALB County, Georgia Re
cords, said Deed to Secure Debt hav
ing been given to secure a Note
dated April 21, 2008 in the original
principal sum of TWO HUNDRED
SIXTY THREE THOUSAND NINE
HUNDRED SIXTY ONE AND 0/100
DOLLARS ($263,961.00), with in
terest from date at the rate stated in
said Note on the unpaid balance un
til paid, there will be sold by the un
dersigned at public outcry to the
highest bidder for cash before the
Courthouse door at DEKALB County,
Georgia, within the legal hours of
sale on the first Tuesday in August,
2014, the following described prop
erty:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 53 OF THE 16TH DISTRICT,
DEKALB COUNTY, GEORGIA, BE
ING LOT 31, BLOCK B, HUNTERS
CHASE SUBDIVISION, AS PER
PLAT THEREOF RECORDED IN
PLAT BOOK 92, PAGE 62, DEKALB
COUNTY, GEORGIA RECORDS,
SAID PLAT BEING INCORPOR
ATED HEREIN BY REFERENCE
THERETO.
To the best of the knowledge and be
lief of the undersigned, the party in
possession of the property is
THELMA B. CARDWELL and JEAN-
NINE M. AUSTIN or a tenant or ten
ants. Said property is more com
monly known as: 3354 HUNTERS
HILL DRIVE, LITHONIA, GA 30038.
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due because of, among oth
er possible events of default, non
payment of the monthly installments
on said loan. The debt remaining in
default, this sale will be made for the
purpose of paying the same and all
expenses of this sale, including attor
ney’s fees (notice of intent to collect
attorney’s fees having been given).
The individual or entity that has full
authority to negotiate, amend, and
modify all terms of the loan is BANK
OF AMERICA, N.A., 7105 CORPOR
ATE DR, PLANO, TX 75024-4100;
(800) 669-6650.
Said property will be sold subject to
any outstanding ad valorem taxes (in
cluding taxes which are a lien, wheth
er or not now due and payable), the
right of redemption of any taxing au
thority, any matters which might be
disclosed by an accurate survey and
inspection of the property, any as
sessments, liens, encumbrances,
zoning ordinances, restrictions, cov
enants, and matters of record superi
or 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 pro
cedures regarding the rescission of
judicial and nonjudicial sales in the
State of Georgia, the Deed Under
Power and other foreclosure docu
ments may not be provided until final
confirmation and audit of the status of
the loan as provided in the preceding
paragraph.
Said property will be sold as the prop
erty of THELMA B. CARDWELL and
JEANNINE M. AUSTIN.
BANK OF AMERICA, N.A.
As Attorney-in-Fact for
THELMA B. CARDWELL
JEANNINE M. AUSTIN
Phelan Hallinan & Jones, LLC
303 Perimeter Center North, Suite
800
Atlanta, GA 30346
Telephone: 770-393-4300
Fax: 770-393-4310
PH#
++19116 CARDWELL/ AUSTIN++
This law firm is acting as a debt col
lector. Any information obtained will
be used for that purpose.
420-358449 7/10,7/17,7/24,7/31 wg
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY of DEKALB
By virtue of the power of sale con
tained in that certain Deed to Secure
Debt from DAVID L. SMITH to
SOUTHSTAR FUNDING, LLC dated
May 18, 2001, filed for record June
20, 2001, and recorded in Deed Book
12219, Page 645, DEKALB County,
Georgia Records, as last transferred
to ABN AMRO MORTGAGE
GROUP, INC. by assignment recor
ded in Deed Book 16828, Page 408,
DEKALB County, Georgia Records,
said Deed to Secure Debt having
been given to secure a Note dated
May 18, 2001 in the original principal
sum of ONE HUNDRED EIGHTY
SEVEN THOUSAND FIFTY AND
0/100 DOLLARS ($187,050.00), with
interest from date at the rate stated in
said Note on the unpaid balance un
til paid, there will be sold by the un
dersigned at public outcry to the
highest bidder for cash before the
Courthouse door at DEKALB County,
Georgia, within the legal hours of
sale on the first Tuesday in August,
2014, the following described prop
erty:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 25 OF THE 18TH DISTRICT,
DEKALB COUNTY, GEORGIA, BE
ING LOT 133, PHASE SIX, UNIT
TWO, MOUNTAIN OAKS SUBDIVI
SION, AS PER PLAT RECORDED IN
PLAT BOOK 109, PAGES 113-114,
DEKALB COUNTY RECORDS, SAID
PLAT BEING INCORPORATED
HEREIN BY REFERENCE
THERETO.
To the best of the knowledge and be
lief of the undersigned, the party in
possession of the property is DAVID
L. SMITH and PARIS H. SMITH or a
tenant or tenants. Said property is
more commonly known as: 650 OAK
VIEW TRAIL, STONE MOUNTAIN,
GA 30087.
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due because of, among oth
er possible events of default, non
payment of the monthly installments
on said loan. The debt remaining in
default, this sale will be made for the
purpose of paying the same and all
expenses of this sale, including attor
ney’s fees (notice of intent to collect
attorney’s fees having been given).
The individual or entity that has full
authority to negotiate, amend, and
modify all terms of the loan is
CITIMORTGAGE, INC., 5280 COR
PORATE DR, FREDERICK, MD
21703-8351; (866) 272-4749.
Said property will be sold subject to
any outstanding ad valorem taxes (in
cluding taxes which are a lien, wheth
er or not now due and payable), the
right of redemption of any taxing au
thority, any matters which might be
disclosed by an accurate survey and
inspection of the property, any as
sessments, liens, encumbrances,
zoning ordinances, restrictions, cov
enants, and matters of record superi
or 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 pro
cedures regarding the rescission of
judicial and nonjudicial sales in the
State of Georgia, the Deed Under
Power and other foreclosure docu
ments may not be provided until final
confirmation and audit of the status of
the loan as provided in the preceding
paragraph.
Said property will be sold as the prop
erty of DAVID L. SMITH and PARIS
H. SMITH.
CITIMORTGAGE, INC. SUC
CESSOR BY MERGER TO ABN
AMRO MORTGAGE GROUP, INC.
As Attorney-in-Fact for
DAVID L. SMITH
Phelan Hallinan & Jones, LLC
303 Perimeter Center North, Suite
800
Atlanta, GA 30346
Telephone: 770-393-4300
Fax: 770-393-4310
PH #++19566 SMITH++
This law firm is acting as a debt col
lector. Any information obtained will
be used for that purpose.
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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY of DEKALB
By virtue of the power of sale con
tained in that certain Deed to Secure
Debt from CRYSTA F. WHITTAKER
to HOMEBANC MORTGAGE COR
PORATION dated June 28, 2002,
filed for record July 24, 2002, and re
corded in Deed Book 13459, Page
649, DEKALB County, Georgia Re
cords, as last transferred to
CITIMORTGAGE, INC. by assign
ment recorded in Deed Book 13732,
Page 373, DEKALB County, Georgia
Records, said Deed to Secure Debt
having been given to secure a Note
dated June 28, 2002 in the original
principal sum of ONE HUNDRED
THIRTY ONE THOUSAND SEVEN
HUNDRED FIFTY AND 0/100 DOL
LARS ($131,750.00), with interest
from date at the rate stated in said
Note on the unpaid balance until
paid, there will be sold by the under
signed at public outcry to the highest
bidder for cash before the Court
house door at DEKALB County,
Georgia, within the legal hours of
sale on the first Tuesday in August,
2014, the following described prop
erty:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 36 OF THE 18TH DISTRICT,
OF DEKALB COUNTY, GEORGIA,
BEING LOT 73, BLOCK F, PHASE
IV-A, PENNYBROOK SUBDIVISION,
AS PER PLAT RECORDED IN PLAT
BOOK 80, PAGE 151, DEKALB
COUNTY, GEORGIA RECORDS,
WHICH RECORDED PLAT IS IN
CORPORATED HEREIN AND MADE
A PART HEREOF BY REFERENCE
AND BEING KNOWN AS 556 CA-
TRINA COURT, STONE MOUNTAIN,
GEORGIA 30087, ACCORDING TO
THE PRESENT SYSTEM OF NUM
BERING HOUSES IN DEKALB
COUNTY, GEORGIA.
To the best of the knowledge and be
lief of the undersigned, the party in
possession of the property is
CRYSTA F. WHITTAKER or a tenant
or tenants. Said property is more
commonly known as: 556 CATRINA
COURT, STONE MOUNTAIN, GA
30087.
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due because of, among oth
er possible events of default, non
payment of the monthly installments
on said loan. The debt remaining in
default, this sale will be made for the
purpose of paying the same and all
expenses of this sale, including attor
ney’s fees (notice of intent to collect
attorney's fees having been given).
The individual or entity that has full
authority to negotiate, amend, and
modify all terms of the loan is
CITIMORTGAGE, INC., 5280 COR
PORATE DR, FREDERICK, MD
21703-8351; (866) 272-4749.
Said property will be sold subject to
any outstanding ad valorem taxes (in
cluding taxes which are a lien, wheth
er or not now due and payable), the
right of redemption of any taxing au
thority, any matters which might be
disclosed by an accurate survey and
inspection of the property, any as
sessments, liens, encumbrances,
zoning ordinances, restrictions, cov
enants, and matters of record superi
or 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 pro
cedures regarding the rescission of
judicial and nonjudicial sales in the
State of Georgia, the Deed Under
Power and other foreclosure docu
ments may not be provided until final
confirmation and audit of the status of
the loan as provided in the preceding
paragraph.