Newspaper Page Text
Page 78C
The Champion Legal Section, Thursday, Sep
:ember 25, 2014
www.championnewspaper.com
Select Portfolio Servicing, Inc.
Attention: Loss Mitigation Department
3815 South West Temple
Salt Lake City, Utah 84115
1-888-818-6032
The foregoing notwithstanding, noth
ing in OC.G.A. Section 44-14-162.2
shall be construed to require the se
cured creditor to negotiate, amend or
modify the terms of the Deed to Se
cure Debt described herein.
This sale is conducted on behalf of
the secured creditor under the power
of sale granted in the aforemen
tioned security instrument, specific
ally being U,S, Bank National Associ
ation, as Trustee, successor in in
terest to Bank of America, NA, as
Trustee, sbm LaSalle Bank NA, as
Trustee for Certificateholders of Bear
Stearns Asset Backed Securities I
LLC Asset Backed Certificates,
Series 2007-HE2
as attorney in fact for
John Houpt and Karon Houpt
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
++FC14-178 HOUPT++
420-363134 9/11,9/18,9/25,10/2WG
Notice of Sale Under Power
Georgia, DeKalb County
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by Michael Johnson to
HomeBanc Mortgage Corporation,
dated April 21,2006, and recorded in
Deed Book 18695, Page 103, DeKalb
County, Georgia records, as last
transferred to Citibank NA, as trustee
for Bear Stearns ARM Trust, Mort
gage Pass-Through Certificates,
Series 2006-4 by Assignment recor
ded in Deed Book 22433, Page 446,
Dekalb County, Georgia records,
conveying the after-described prop
erty to secure a Note of even date in
the original principal amount of
$154,600.00, with interest at the rate
specified therein, there will be sold by
the undersigned at public outcry to
the highest bidder for cash before the
Courthouse door of DeKalb County,
Georgia, within the legal hours of
sale on the first Tuesday in October,
2014, to wit: October 7, 2014, the fol
lowing described property:
All that tract or parcel of land lying
and being in Land Lot 227 of the 15th
District of Dekalb County, Georgia,
being Lot 14, Block A, Unit 4, Row
land Hills as per plat recorded in Plat
Book 29, Page 65, Dekalb County
Records. Reference to said plat is
hereby made for a complete descrip
tion of the property herein described.
Said property is improved property
known as 4170 Durham Circle, ac
cording to the present system of
numbering property in Dekalb
County, Georgia.
Said property is commonly known as
4170 Durham Circle, Stone Mountain,
GA 30083.
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, failure
to pay the indebtedness as and when
due and in the manner provided in
the Note and Deed to Secure Debt.
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 the Deed to
Secure Debt and by law, including at
torney’s fees (notice of intent to col
lect attorney’s fees having been giv
en).
Said property is commonly known as
4170 Durham Circle, Stone Moun
tain, GA 30083, together with all fix
tures and personal property attached
to and constituting a part of said
property. To the best knowledge and
belief of the undersigned, the party
(or parties) in possession of the sub
ject property is (are): Michael John
son or tenant or tenants.
Said property will be sold subject to
(a) any outstanding ad valorem taxes
(including taxes which are a lien, but
not yet due and payable), (b) any
matters which might be disclosed by
an accurate survey and inspection of
the property, and (c) all matters of re
cord superior to the Deed to Secure
Debt first set out above, including,
but not limited to, assessments, liens,
encumbrances, zoning ordinances,
easements, restrictions, covenants,
etc.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code; (2) O.C.G.A. Section 9-13-
172.1; and (3) 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.
Pursuant to O.C.G.A. Section 44-14-
162.2, the entity that has full author
ity to negotiate, amend and modify all
terms of the mortgage with the debt
or is:
Select Portfolio Servicing, Inc.
Attention: Loss Mitigation Department
3815 South West Temple
Salt Lake City, Utah 84115
1-888-818-6032
The foregoing notwithstanding, noth
ing in OC.G.A. Section 44-14-162.2
shall be construed to require the se
cured creditor to negotiate, amend or
modify the terms of the Deed to Se
cure Debt described herein.
This sale is conducted on behalf of
the secured creditor under the power
of sale granted in the aforemen
tioned security instrument, specific
ally being
Wilmington Trust, NA, Successor
Trustee to Citibank NA, as trustee for
Bear Stearns ARM Trust, Mortgage
Pass-Through Certificates, Series
2006-4
as attorney in fact for
Michael Johnson
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
++FC14-186 JOHNSON++
420-363135 9/11,9/18,9/25,10/2WG
Notice of Sale Under Power
Georgia, DeKalb County
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by Michelle Ware to First
Franklin Financial Corp., a subsidiary
of National City Bank of Indiana,
dated November 22,2004, and recor
ded in Deed Book 16842, Page 132,
DeKalb County, Georgia records, as
last transferred to National City Bank
of Pennsylvania by Assignment re
corded in Dekalb County, Georgia re
cords, conveying the after-described
property to secure a Note of even
date in the original principal amount
of $85,000.00, with interest at the
rate specified therein, there will be
sold by the undersigned at public out
cry to the highest bidder for cash be
fore the Courthouse door of DeKalb
County, Georgia, within the legal
hours of sale on the first Tuesday in
October, 2014, to wit: October 7,
2014, the following described prop
erty:
All that tract or parcel of land lying
and being in Land Lot 107 and 108 of
the 15th District of Dekalb County,
Georgia, being Lot 5, Block M. Park-
wood Subdivision, Section 4, Unit I,
according to the plat of record at Plat
Book 26, Page 140, Dekalb County
Records, and being more particularly
described as follows:
Beginning at an iron pin on the south
westerly side of Clifton Church Road,
503 feet northeasterly, northerly and
northwesterly, as measured along the
northwesterly, westerly and south
westerly side of Clifton Church Road,
and following the curvature thereof,
from its intersection with the north
erly side of Meadowview Drive; run
ning thence northwesterly along the
southwesterly side of Clifton Church
Road 75 feet to an iron pin; running
thence southwesterly 174.5 feet to an
iron pin; running thence southeast
erly 80 feet to an iron pin; running
thence northeasterly 183.4 feet to the
iron pin on the southwesterly side of
Clifton Church Road and the point of
beginning; being improved property
known as 2911 Clifton Church Road,
according to the present system of
numbering houses in Dekalb County,
Georgia.
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, failure
to pay the indebtedness as and when
due and in the manner provided in
the Note and Deed to Secure Debt.
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 the Deed to
Secure Debt and by law, including at
torney’s fees (notice of intent to col
lect attorney’s fees having been giv
en).
Said property is commonly known as
2911 Clifton Church Road, Atlanta,
GA 30316, together with all fixtures
and personal property attached to
and constituting a part of said prop
erty. To the best knowledge and be
lief of the undersigned, the party (or
parties) in possession of the subject
property is (are): Michelle Ware aka
F. Michelle Stewart or tenant or ten
ants.
Said property will be sold subject to
(a) any outstanding ad valorem taxes
(including taxes which are a lien, but
not yet due and payable), (b) any
matters which might be disclosed by
an accurate survey and inspection of
the property, and (c) all matters of re
cord superior to the Deed to Secure
Debt first set out above, including,
but not limited to, assessments, liens,
encumbrances, zoning ordinances,
easements, restrictions, covenants,
etc.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code; (2) O.C.G.A. Section 9-13-
172.1; and (3) 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.
Pursuant to O.C.G.A. Section 44-14-
162.2, the entity that has full author
ity to negotiate, amend and modify all
terms of the mortgage with the debt
or is:
Select Portfolio Servicing, Inc.
Attention: Loss Mitigation Department
3815 South West Temple
Salt Lake City, Utah 84115
1-888-818-6032
The foregoing notwithstanding, noth
ing in OC.G.A. Section 44-14-162.2
shall be construed to require the se
cured creditor to negotiate, amend or
modify the terms of the Deed to Se
cure Debt described herein.
This sale is conducted on behalf of
the secured creditor under the power
of sale granted in the aforemen
tioned security instrument, specific
ally being PNC Bank, National Asso
ciation sbm National City Bank sbm
National City Bank of Pennsylvania
as attorney in fact for
Michelle Ware
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
++FC14-191 WARE++
420-363136 9/11,9/18,9/25,10/2WG
Notice of Sale Under Power
Georgia, DeKalb County
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by Kim V. Timberlake to
Mortgage Electronic Registration
Systems, Inc. ("MERS") as nominee
for First Franklin, a division of Nation
al City Bank of IN, dated June 29,
2006, and recorded in Deed Book
18992, Page 73, DeKalb County,
Georgia records, as last transferred
to Deutsche Bank National Trust
Company, as Trustee for FFMLT
Trust 2006-FF13, Mortgage Pass-
Through Certificates, Series 2006-
FF13 by Assignment recorded in
Deed Book 21543, Page 148, Dekalb
County, Georgia records, conveying
the after-described property to se
cure a Note of even date in the ori-
ginal principal amount of
$127,920.00, with interest at the rate
specified therein, there will be sold by
the undersigned at public outcry to
the highest bidder for cash before the
Courthouse door of DeKalb County,
Georgia, within the legal hours of
sale on the first Tuesday in October,
2014, to wit: October 7,2014, the fol
lowing described property:
All that tract or parcel of land lying
and being in Land Lot 97, 18th Dis
trict, Dekalb County, Georgia, being
Lot 9, Block F, Casa Woods Subdivi
sion, Unit Two, as per plat recorded
in Plat Book 45, Page 134, Dekalb
County Records. Said plat being in
corporated herein and made a part
hereof by reference and being im
proved property known as 3517 Casa
Woods Lane, according to the
present system of numbering prop
erty in Dekalb County, Georgia.
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, failure
to pay the indebtedness as and when
due and in the manner provided in
the Note and Deed to Secure Debt.
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 the Deed to
Secure Debt and by law, including at
torney’s fees (notice of intent to col
lect attorney’s fees having been giv
en).
Said property is commonly known as
3517 Casa Woods Lane, Clarkston,
GA 30021, together with all fixtures
and personal property attached to
and constituting a part of said prop
erty. To the best knowledge and be
lief of the undersigned, the party (or
parties) in possession of the subject
property is (are): Kim V. Timberlake
or tenant or tenants.
Said property will be sold subject to
(a) any outstanding ad valorem taxes
(including taxes which are a lien, but
not yet due and payable), (b) any
matters which might be disclosed by
an accurate survey and inspection of
the property, and (c) all matters of re
cord superior to the Deed to Secure
Debt first set out above, including,
but not limited to, assessments, liens,
encumbrances, zoning ordinances,
easements, restrictions, covenants,
etc.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code; (2) O.C.G.A. Section 9-13-
172.1; and (3) 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.
Pursuant to O.C.G.A. Section 44-14-
162.2, the entity that has full author
ity to negotiate, amend and modify all
terms of the mortgage with the debt
or is:
Select Portfolio Servicing, Inc.
Attention: Loss Mitigation Department
3815 South West Temple
Salt Lake City, Utah 84115
1-888-818-6032
The foregoing notwithstanding, noth
ing in OC.G.A. Section 44-14-162.2
shall be construed to require the se
cured creditor to negotiate, amend or
modify the terms of the Deed to Se
cure Debt described herein.
This sale is conducted on behalf of
the secured creditor under the power
of sale granted in the aforemen
tioned security instrument, specific
ally being Deutsche Bank National
Trust Company, as Trustee for FFM
LT Trust 2006-FF13, Mortgage Pass-
Through Certificates, Series 2006-
FF13
as attorney in fact for
Kim V. Timberlake
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
++FC14-194 TIMBERLAKE++
420-363137 9/11,9/18,9/25,10/2WG
Notice of Sale Under Power
Georgia, DeKalb County
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by A. Reginald Eaves to
Bayrock Mortgage Corp., dated Janu
ary 13, 2004, and recorded in Deed
Book 15728, Page 66, DeKalb
County, Georgia records, as last
transferred to U.S. Bank National As
sociation, as Trustee, successor in in
terest to Bank of America, NA, as
Trustee, sbm LaSalle Bank NA, as
Trustee for Certificateholders of Bear
Stearns Asset Backed Securities, Inc.
Asset Backed Certificates, Series
2004-HE3 by Assignment recorded in
Deed Book 23287, Page 661, Dekalb
County, Georgia records, conveying
the after-described property to se
cure a Note of even date in the ori
ginal principal amount of $90,950.00,
with interest at the rate specified
therein, there will be sold by the un
dersigned at public outcry to the
highest bidder for cash before the
Courthouse door of DeKalb County,
Georgia, within the legal hours of
sale on the first Tuesday in October,
2014, to wit: October 7, 2014, the fol
lowing described property:
All that tract or parcel of land lying
and being in Land Lot 141 of the 15th
District of Dekalb County, Georgia,
being Lot 3, Block A, Castlewood Es
tates, as per plat recorded in Plat
Book 35, Page 32, Dekalb County,
Georgia records, which recorded plat
is incorporated herein and made a
part hereof by reference and being
known as 2209 Flat Shoals Road,
SE, Atlanta, Georgia 30316, accord
ing to the present system of number
ing houses in Dekalb County, Geor
gia.
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, failure
to pay the indebtedness as and when
due and in the manner provided in
the Note and Deed to Secure Debt.
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 the Deed to
Secure Debt and by law, including at
torney’s fees (notice of intent to col
lect attorney’s fees having been giv
en).
Said property is commonly known as
2209 Flat Shoals Road, SE, Atlanta,
GA 30316, together with all fixtures
and personal property attached to
and constituting a part of said prop
erty. To the best knowledge and be
lief of the undersigned, the party (or
parties) in possession of the subject
property is (are): A. Reginald Eaves
or tenant or tenants.
Said property will be sold subject to
(a) any outstanding ad valorem taxes
(including taxes which are a lien, but
not yet due and payable), (b) any
matters which might be disclosed by
an accurate survey and inspection of
the property, and (c) all matters of re
cord superior to the Deed to Secure
Debt first set out above, including,
but not limited to, assessments, liens,
encumbrances, zoning ordinances,
easements, restrictions, covenants,
etc.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code; (2) O.C.G.A. Section 9-13-
172.1; and (3) 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.
Pursuant to O.C.G.A. Section 44-14-
162.2, the entity that has full author
ity to negotiate, amend and modify all
terms of the mortgage with the debt
or is:
Select Portfolio Servicing, Inc.
Attention: Loss Mitigation Department
3815 South West Temple
Salt Lake City, Utah 84115
1-888-818-6032
The foregoing notwithstanding, noth
ing in OC.G.A. Section 44-14-162.2
shall be construed to require the se
cured creditor to negotiate, amend or
modify the terms of the Deed to Se
cure Debt described herein.
This sale is conducted on behalf of
the secured creditor under the power
of sale granted in the aforemen
tioned security instrument, specific
ally being
U.S. Bank National Association, as
Trustee, successor in interest to Bank
of America, NA, as Trustee, sbm
LaSalle Bank NA, as Trustee for Cer
tificateholders of Bear Stearns Asset
Backed Securities, Inc. Asset Backed
Certificates, Series 2004-HE3
as attorney in fact for
A. Reginald Eaves
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
++FC14-201 EAVES++
420-363138 9/11,9/18,9/25,10/2WG
Notice of Sale Under Power
Georgia, DeKalb County
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by Leamon Love and
Carla Love to Mortgage Electronic
Registration Systems, Inc. ("MERS")
as nominee for GE Capital Con
sumer Card Co., dated December 16,
2004, and recorded in Deed Book
22015, Page 760, DeKalb County,
Georgia records, a copy of which is
attached to and recorded by Court
Order through the power vested in
the Superior Court of Dekalb County,
said Final Order being recorded at
Deed Book 22015, Page 753, and all
as last transferred to Wells Fargo
Bank, NA, as Trustee in trust for the
holders of Morgan Stanley ABS Cap
ital I Trust 2005-WMC4, Mortgage
Pass-Through Certificates, Series
2005-WMC4 by Assignment recor
ded in Deed Book 22628, Page 187,
Dekalb County, Georgia records,
conveying the after-described prop
erty to secure a Note of even date in
the original principal amount of
$124,950.00, with interest at the rate
specified therein, there will be sold by
the undersigned at public outcry to
the highest bidder for cash before the
Courthouse door of DeKalb County,
Georgia, within the legal hours of
sale on the first Tuesday in October,
2014, to wit: October 7, 2014, the fol
lowing described property:
All that tract or parcel of land lying
and being in Land Lot 251 of the 11th
District, Dekalb County, Georgia, be
ing Lot 46, Block A, Carriage Park
Subdivision, as per plat recorded in
Plat Book 104, Page 115, Dekalb
County, Georgia records, which plat
is incorporated herein and made a
part hereof by reference.
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, failure
to pay the indebtedness as and when
due and in the manner provided in
the Note and Deed to Secure Debt.
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 the Deed to
Secure Debt and by law, including at
torney’s fees (notice of intent to col
lect attorney’s fees having been giv
en).
Said property is commonly known as
5999 Kingston Wood Way,
Lithonia, GA 30038, together with all
fixtures and personal property at
tached to and constituting a part of
said property. To the best knowledge
and belief of the undersigned, the
party (or parties) in possession of the
subject property is (are): Leamon
Love and Carla Love or tenant or ten
ants.
Said property will be sold subject to
(a) any outstanding ad valorem taxes
(including taxes which are a lien, but
not yet due and payable), (b) any
matters which might be disclosed by
an accurate survey and inspection of
the property, and (c) all matters of re
cord superior to the Deed to Secure
Debt first set out above, including,
but not limited to, assessments, liens,
encumbrances, zoning ordinances,
easements, restrictions, covenants,
etc.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code; (2) O.C.G.A. Section 9-13-
172.1; and (3) 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.
Pursuant to O.C.G.A. Section 44-14-
162.2, the entity that has full author
ity to negotiate, amend and modify all
terms of the mortgage with the debt
or is:
Select Portfolio Servicing, Inc.
Attention: Loss Mitigation Department
3815 South West Temple
Salt Lake City, Utah 84115
1-888-818-6032
The foregoing notwithstanding, noth
ing in OC.G.A. Section 44-14-162.2
shall be construed to require the se
cured creditor to negotiate, amend or
modify the terms of the Deed to Se
cure Debt described herein.
This sale is conducted on behalf of
the secured creditor under the power
of sale granted in the aforemen
tioned security instrument, specific
ally being Wells Fargo Bank, NA, as
Trustee in trust for the holders of
Morgan Stanley ABS Capital I Trust
2005-WMC4, Mortgage Pass-
Through Certificates, Series 2005-
WMC4
as attorney in fact for
Leamon Love and Carla Love
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
++FC14-48 LOVE++
420-363139 9/11,9/18,9/25,10/2WG
Notice of Sale Under Power
Georgia, DeKalb County
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by Monica S. Brown to
HomeBanc Mortgage Corporation,
dated February 19, 2004, and recor
ded in Deed Book 15834, Page 562,
DeKalb County, Georgia records, as
last transferred to The Bank of New
York Mellon fka The Bank of New
York, as successor to JPMorgan
Chase Bank, NA fka JPMorgan
Chase Bank, as Trustee for Struc
tured Asset Mortgage Investments II
Inc., Bear Stearns ALT-A Trust, Mort
gage Pass-Through Certificates
Series 2004-5 by Assignment recor
ded in Deed Book 24268, Page 220,
Dekalb County, Georgia records,
conveying the after-described prop
erty to secure a Note of even date in
the original principal amount of
$98,400.00, with interest at the rate
specified therein, there will be sold by
the undersigned at public outcry to
the highest bidder for cash before the
Courthouse door of DeKalb County,
Georgia, within the legal hours of
sale on the first Tuesday in October,
2014, to wit: October 7, 2014, the fol
lowing described property:
All that tract or parcel of land lying
and being in Land Lot 36 of the 18th
District, Dekalb County, Georgia and
being Lot 78, Block 6, Phase Vl-A,
Pennybrook Subdivision, as per plat
thereof recorded in Plat Book 85,
Page 132, Dekalb County, Georgia
records, which plat is incorporated
herein by reference and made a part
hereof.
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, failure
to pay the indebtedness as and when
due and in the manner provided in
the Note and Deed to Secure Debt.
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 the Deed to
Secure Debt and by law, including at
torney’s fees (notice of intent to col
lect attorney’s fees having been giv
en).
Said property is commonly known as
527 Julius Drive, Stone Mountain,
GA 30087, together with all fixtures
and personal property attached to
and constituting a part of said prop
erty. To the best knowledge and be
lief of the undersigned, the party (or
parties) in possession of the subject
property is (are): Monica S. Brown
and Reginal L. Brown or tenant or
tenants.
Said property will be sold subject to
(a) any outstanding ad valorem taxes
(including taxes which are a lien, but
not yet due and payable), (b) any
matters which might be disclosed by
an accurate survey and inspection of
the property, and (c) all matters of re
cord superior to the Deed to Secure
Debt first set out above, including,
but not limited to, assessments, liens,
encumbrances, zoning ordinances,
easements, restrictions, covenants,
etc.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code; (2) O.C.G.A. Section 9-13-
172.1; and (3) 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.
Pursuant to O.C.G.A. Section 44-14-
162.2, the entity that has full author
ity to negotiate, amend and modify all
terms of the mortgage with the debt
or is: