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The Champion Legal Sec
ion, Thursday, October 16, 2014
Page 29C
File No.: ++2014-0117 NICKER-
SON++
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT OR TO EN
FORCE THE TERMS AND CONDI
TIONS OF THE SECURITY DEED.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
420-362136 10/9,10/16,10/23,10/30jh
STATE OF GEORGIA
COUNTY OF DEKALB
NOTICE OF SALE UNDER POWER
By virtue of the Power of Sale con
tained in that certain Deed to Secure
Debt from David P. Kopel and
Leslie E. Kopel (collectively “Grant
or”) to Cornerstone Bank (“Grantee”),
dated June 29, 2012 and recorded in
Deed Book 23112, Page 304, in the
offices of the Clerk of the Superior
Court of DeKalb County (the "Secur
ity Deed"), subject to that certain Se
curity Deed dated March 11, 2003,
held by Union Planters Bank, N.A.,
recorded in Deed Book 14472, Page
354, aforesaid records and that cer
tain Security Deed dated August 3,
2004 held by Fidelity Bank, recorded
in Deed Book 16571, Page 510,
aforesaid records, conveying the
after-described property to secure a
Promissory Note with Grantee (the
“Note”) in the principal amount of
Four Hundred Five Thousand
($405,000.00) Dollars, with interest
thereon as set forth therein, the un
dersigned, pursuant to said Security
Deed, has declared the entire
amount of said indebtedness on the
Note due and payable because of de
fault in payment of the indebtedness.
Further, pursuant to that Power of
Sale, the undersigned will, on the first
Tuesday in November, 2014, during
the legal hours of sale before the
courthouse door in DeKalb County,
Georgia, sell at public outcry to the
highest bidder, for cash, the follow
ing property described in said Secur
ity Deed (hereinafter referred to as
the “Property”):
All that tract or parcel of land lying
and being in Land Lot 361 of the 18th
District, DeKalb County, Georgia, be
ing Lot 7, Block J, Village Mill Sub
division, Unit Two, as per plat recor
ded in plat book 54, page 69, DeKalb
County, Georgia records, which plat
is incorporated herein and made a
part hereof, together with all build
ings and improvements thereon the
“Property”).
This Property is conveyed subject to
those matters set forth as follows:
Security Deed from David P. Kopel
and Leslie E. Kopel to Union Plant
ers Bank, N.A., in the original princip
al amount of $270,000.00, executed
March 11, 2003, filed April 16, 2003,
recorded in Deed Book 14472, Page
354, DeKalb County, Georgia Re
cords.
Security Deed from David P. Kopel
and Leslie E. Kopel to Fidelity Bank,
in the original principal amount of
$50,000.00, executed August 3,
2004, filed September 9, 2004, recor
ded in Deed Book 16571, Page 510,
DeKalb County, Georgia Records.
Subject to all matters as shown on
that certain plat recorded in Plat Book
54, Page 69, DeKalb County, Geor
gia Records.
The above-referenced Property will
be sold subject to the following: all, if
any, outstanding ad valorem taxes
and/or assessments; all, if any, other
prior liens, easements, covenants, re
strictions, encumbrances, zoning or
dinances or other matters of record to
which the Security Deed is junior in
priority; and all, if any, matters affect
ing said Property which would be dis
closed by an accurate survey and in
spection of said Property. Said Prop
erty will be sold as the Property of
David P. Kopel and Leslie E. Kopel,
and the proceeds will be applied to
the payment of the described in
debtedness, Security Deed and all
expenses of this sale. Any remaining
proceeds will be applied pursuant to
the laws of the State of Georgia.
The above-referenced Property will
be sold on an “as is, where is” basis
without recourse against Grantee and
without representation or warranty of
any kind or nature whatsoever by
Grantee with respect thereto.
To the best of the undersigned’s
knowledge and belief, the Property is
presently owned by David P. Kopel
and Leslie E. Kopel, who are the
parties in possession or a tenant or
tenants. Cornerstone Bank, as attor-
ney-in-fact for ++David P. Kopel and
Leslie E. Kopel++
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, P.C.
One Premier Plaza
5605 Glenridge Drive,
Suite 690
Atlanta, Georgia 30342
(678) 553-3130
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
420-362137
10/9,10/16,10/23,10/30WG
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF CLAYTON
By virtue of the Power of Sale con
tained in a Deed to Secure Debt from
Mamie Johnson to Platinum Key
Management, Inc., in the original
principal amount of $55,000.00, ex
ecuted on March 24, 2014, and re
corded June 26, 2014, in Deed Book
24443, beginning at Page 695,
Dekalb County Superior Court Deed
Records; the following described
property will be sold 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
November, 2014:
All that tract or parcel of and lying
and being in Land Lot 62 of the 16th
District of Dekalb County, Georgia,
and being known as 5575 Redan
Circle, Stone Mountain, Georgia a/k/a
Tax parcel I.D. No. 16-062-05-022
per records of the Dekalb County Tax
Commissioner and plat maps of
Dekalb County Tax Assessors’ office.
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 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:
(a) any outstanding ad valorem taxes
(including taxes which are a lien, but
not yet due and payable), (b) the right
of redemption of any taxing authority,
( c) any matters which might be dis
closed by an accurate survey and in
spection of the property, and (d) any
assessments, liens, encumbrances,
zoning ordinances, restrictions, cov
enants, and matters of record superi
or to the Deed to Secure Debt first
set out above.
The person with full authority to ne
gotiate, amend and modify all terms
of the mortgage with the debtor is
Rateb Shukoor, at 5200 Dallas Hwy.,
Suite 200 - 291, Powder Springs, GA
30127.
To the best knowledge and belief of
the undersigned the parties in pos
session of the property are Mamie
Johnson and/or their tenants, and
said property is more commonly
known as: 5575 Redan Circle, Stone
Mountain, Georgia 30088.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code; and (2) final confirmation and
audit of the status of the loan with the
holder of the Security Deed. Pursu
ant to O.C.G.A. Section 9-13-172.1,
which allows for certain procedures
regarding the rescission of judicial
and non-judicial sales in the State of
Georgia, the Deed Under Power and
other foreclosure documents may not
be provided until final confirmation
and audit of the status of the loan as
provided immediately above.
Platinum Key Management, Inc.,
as Attorney-in-fact for
++Mamie Johnson++
Stephen F. White, GA Bar No.:
754822
Attorney for Platinum Key Manage
ment, Inc..
P.O. Box 962
Jonesboro, GA 30237
[770)477-1500
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
420-362138
10/9,10/16,10/23,10/30wg
NOTICE OF SALE UNDER POWER
DEKALB COUNTY, GEORGIA
Under and by virtue of the Power of
Sale contained in that certain Secur
ity Deed and Agreement given by
Hunter Real Estate and Property
Management, LLC (“Borrower”) to
and in favor of Metropolitan Capital
Funding[, LLC], dated September 19,
2013, filed for record on November
21, 2013, and recorded in Deed Book
24141, Page 307, DeKalb County,
Georgia records, as assigned to Hori
zon Trust Company, Erin Dillon, Eric
Gonsalves, Steve Crandall, and 48
Doors (Accala Kessler) in that “Trans
fer and Assignment” dated March 26,
2014, filed for record on May 7, 2014,
and recorded in Deed Book 24368,
Page 262, DeKalb County, Georgia
records, as further assigned to 396
Derbyshire Drive, LLC (“Lender”) in
those Transfer and Assignment docu
ments dated various dates and filed
for record on September 2, 2014 in
Deed Book 24552, Pages 196-205,
DeKalb County, Georgia records (the
“Security Deed”); said Security Deed
being given to secure a Promissory
Note made by Borrower in favor of
Lender dated September 19, 2013 in
the original principal amount of
SIXTY THOUSAND, ONE HUN
DRED AND EIGHTY AND 00/100ths
DOLLARS ($60,180.00) (the “Note”),
with interest on the Note from the
date thereof at the rate as provided
therein 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, Geor
gia, within the legal hours of sale on
the first Tuesday in November 2014,
the following described property (the
“Property”):
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 38 OF THE 18TH DISTRICT,
DEKALB COUNTY, GEORGIA AND
BEING LOT 11, BLOCK D, EDDING
TON SUBDIVISION, AS PER PLAT
RECORDED IN PLAT BOOK 31,
PAGE 70, DEKALB COUNTY,
GEORGIA RECORDS, AND BEING
MORE PARTICULARLY DE
SCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE
NORTHEASTERLY SIDE OF
DERBYSHIRE DRIVE SIX HUN
DRED FIFTY EIGHT (658) FEET
SOUTHEASTERLY, AS MEAS
URED ALONG THE NORTHEAST
ERLY SIDE OF DERBYSHIRE
DRIVE FROM THE SOUTHEAST
CORNER OF THE NORTHERLY IN
TERSECTION OF DERBYSHIRE
DRIVE AND COLCHESTER DRIVE;
SAID POINT OF BEGINNING ALSO
BEING THE SOUTH LINE OF LOT
10, SAID BLOCK, SUBDIVISION
AND PLAT; THENCE RUNNING
SOUTHEASTERLY ALONG THE
NORTHEASTERLY SIDE OF
DERBYSHIRE DRIVE NINETY NINE
(99) FEET TO THE NORTH LINE OF
LOT 12, SAID BLOCK, SUBDIVI
SION AND PLAT; THENCE EAST
ALONG THE NORTH LINE OF SAID
LOT 12 TWO HUNDRED FIFTEEN
AND THREE TENTHS (215.3) FEET
TO THE LINE WHICH DIVIDES
LOTS 11 AND 21, SAID BLOCK,
SUBDIVISION AND PLAT; THENCE
NORTHEASTERLY ALONG THE
LINE WHICH DIVIDES SAID LOTS
11 AND 21 AND ALONG THE LINE
WHICH DIVIDES LOTS 11 AND 22,
SAID BLOCK, SUBDIVISION AND
PLAT, A TOTAL DISTANCE OF ONE
HUNDRED SEVEN (107) FEET TO
THE SOUTH LINE OF THE ABOVE
MENTIONED LOT 10; THENCE
WEST ALONG THE SOUTH LINE
OF SAID LOT 10 TWO HUNDRED
TWENTY-NINE AND SEVEN
TENTHS (229.7) FEET TO THE
NORTHEASTERLY SIDE OF
DERBYSHIRE DRIVE AND THE
POINT OF BEGINNING.
The debt secured by said Security
Deed has been and is hereby de
clared due because of, among other
possible events of default, failure to
comply with the terms of the Note.
The debt remaining in default, this
sale will be made for the purpose of
paying the same and all expenses of
this sale, including attorneys’ fees
(notice of intent to collect attorneys’
fees having been given) and all other
payments provided for under the
terms of the Security Deed and Note.
Said property will be sold on an “as-
is” basis without any representation,
warranty or recourse against the
above-named or the undersigned.
The sale will also be subject to the
following items which may affect the
title: any outstanding ad valorem
taxes (including taxes which are a li
en, whether or not now due and pay
able); the right of redemption of any
taxing authority; matters which would
be disclosed by an accurate survey
or by an inspection of the property; all
zoning ordinances; assessments; li
ens; encumbrances; restrictions; cov
enants, and any other matters of re
cords superior to said Security Deed.
To the best knowledge and belief of
Lender, the described Property is in
the possession of Borrower or
tenant(s), and said Property is more
commonly known 396 Derbyshire
Drive, Stone Mountain, Georgia
30088.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code and (2) final confirmation and
audit as to the status of the loan with
the holder of the Security Deed.
Jon David W. Huffman, at Poole Law
Group, 315 W. Ponce de Leon Ave.,
Suite 344, Decatur, Georgia 30030,
Telephone: 404-373-4008, a repres
entative for Lender, is the individual
who has full authority to negotiate,
amend, and modify all terms of the
mortgage with you.
396 DERBYSHIRE DRIVE, LLC
as Attorney-in-Fact for
++Hunter Real Estate and Prop
erty Management, LLC++
Jon David W. Huffman, Esq.
Poole Law Group
315 W. Ponce de Leon Ave.
Suite 344
Decatur, Georgia 30030
Telephone: 404-373-4008
Fax: 888-709-5723
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
420-362139
10/9,10/16,10/23,10/30wg
NOTICE OF SALE UNDER POWER
DEKALB COUNTY, GEORGIA
Under and by virtue of the Power of
Sale contained in that certain Secur
ity Deed and Agreement given by
Hunter Real Estate and Property
Management, LLC (“Borrower”) to
and in favor of Metropolitan Capital
Funding[, LLC] dated August 6, 2013,
filed for record on August 29, 2013,
and recorded in Deed Book 23991,
Page 53, DeKalb County, Georgia re
cords, as modified by the Modifica
tion of Note & Security Deed dated
February 25, 2014, filed for record on
April 18, 2014, and recorded in Deed
Book 24340, Page 406, DeKalb
County, Georgia records, as as
signed to Horizon Trust Company,
Erin Dillon, Eric Gonsalves, and
Steve Crandall in that “Transfer and
Assignment” dated March 26, 2014,
filed for record on May 7, 2014, and
recorded in Deed Book 24368, Page
266, DeKalb County, Georgia re
cords, and as further assigned to
1343 Renee Drive, LLC (“Lender”) in
those Transfer and Assignment docu
ments dated various dates and filed
for record on August 18, 2014 in
Deed Book 24530, Pages 480-487
(the “Security Deed”); said Security
Deed being given to secure a Promis
sory Note made by Borrower in favor
of Lender dated August 6, 2013 in
the principal amount of FIFTY-FIVE
THOUSAND, AND 00/100ths DOL
LARS ($55,000.00), as modified by
the Modification of Note & Security
Deed dated February 25, 2014 (the
“Note”), with interest on the Note from
the date thereof at the rate as
provided therein on the unpaid bal
ance 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 Tuesday in Novem
ber 2014, the following described
property (the “Property”):
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 221 OF THE 15TH DISTRICT,
OF DEKALB COUNTY, GEORGIA,
AND BEING LOT 1, BLOCK "E,” OF
PENDLEY HILLS SUBDIVISION,
UNIT II, SECTION 3, AS PER PLAT
RECORDED IN PLAT BOOK 33,
PAGE 49, DEKALB COUNTY,
GEORGIA RECORDS, WHICH PLAT
IS INCORPORATED HEREIN AND
MADE A PART HEREOF BY THIS
REFERENCE, BEING MORE PAR
TICULARLY DESCRIBED AS FOL
LOWS:
BEGINNING AT THE SOUTHEAST
CORNER OF THE INTERSECTION
OF RENEE DRIVE AND JUNE
DRIVE: RUNNING THENCE EAST
ALONG THE SOUTH SIDE OF REN
EE DRIVE A DISTANCE 95 FEET
TO LOT 2, SAID BLOCK AND SUB
DIVISION; RUNNING THENCE
SOUTH ALONG THE WEST LINE
OF SAID LOT 2 A DISTANCE OF
160 FEET; RUNNING THENCE
EAST A DISTANCE OF 95 FEET TO
THE EAST SIDE OF JUNE DRIVE;
RUNNING THENCE NORTH ALONG
THE EAST SIDE OF JUNE DRIVE A
DISTANCE OF 160 FEET TO THE
POINT OF BEGINNING.
The debt secured by said Security
Deed has been and is hereby de
clared due because of, among other
possible events of default, failure to
comply with the terms of the Note.
The debt remaining in default, this
sale will be made for the purpose of
paying the same and all expenses of
this sale, including attorneys’ fees
(notice of intent to collect attorneys’
fees having been given) and all other
payments provided for under the
terms of the Security Deed and Note.
Said property will be sold on an “as-
is” basis without any representation,
warranty or recourse against the
above-named or the undersigned.
The sale will also be subject to the
following items which may affect the
title: any outstanding ad valorem
taxes (including taxes which are a li
en, whether or not now due and pay
able); the right of redemption of any
taxing authority; matters which would
be disclosed by an accurate survey
or by an inspection of the property; all
zoning ordinances; assessments; li
ens; encumbrances; restrictions; cov
enants, and any other matters of re
cords superior to said Security Deed.
To the best knowledge and belief of
Lender, the described Property is in
the possession of Borrower or
tenant(s), and said Property is more
commonly known as 1343 Renee
Drive, Decatur, Georgia 30025.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code and (2) final confirmation and
audit as to the status of the loan with
the holder of the Security Deed.
Jon David W. Huffman, at Poole Law
Group, 315 W. Ponce de Leon Ave.,
Suite 344, Decatur, Georgia 30030,
Telephone: 404-373-4008, a repres
entative for Lender, is the individual
who has full authority to negotiate,
amend, and modify all terms of the
mortgage with you.
1343 RENEE DRIVE, LLC
as Attorney-in-Fact for
++Hunter Real Estate and
Property Management, LLC++
Jon David W. Huffman, Esq.
Poole Law Group
315 W. Ponce de Leon Ave.
Suite 344
Decatur, Georgia 30030
Telephone: 404-373-4008
Fax: 888-709-5723
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
420-362140
10/9,10/16,10/23,10/30wg
NOTICE OF SALE UNDER POWER
DEKALB COUNTY, GEORGIA
Under and by virtue of the Power of
Sale contained in that certain Secur
ity Deed and Agreement given by
Hunter Real Estate and Property
Management, LLC (“Borrower”) to
and in favor of Metropolitan Capital
Funding[, LLC], dated September 20,
2013, filed for record on November
21,2013, and recorded in Deed Book
24141, Page 317, DeKalb County,
Georgia records, as assigned to Hori
zon Trust Company, Erin Dillon, Eric
Gonsalves, Steven Crandall, 48
Doors (Accala Kessler), Scott Gilbert,
Multifamily RE Investments, LLC
(Darren Kanenaga), Best Capital
Group, Anne Valentine, JS Prime In
vestment, LLC (John Sagouspe), and
ILDERBERTO (Al Demelo) in that
“Transfer and Assignment” dated
March 26, 2014, filed for record on
May 7, 2014, and recorded in Deed
Book 24368, Page 264, DeKalb
County, Georgia records, as further
assigned to 2110 Memorial Drive,
LLC (“Lender”) in those Transfer and
Assignment documents dated vari
ous dates and filed for record on
September 8, 2014 in Deed Book
24561, Pages 140-161, DeKalb
County, Georgia records (the “Secur
ity Deed”); said Security Deed being
given to secure a Promissory Note
made by Borrower in favor of Lender
dated September 20, 2013 in the ori
ginal principal amount of ONE HUN
DRED AND FIFTY-ONE THOU
SAND, TWENTY AND 00/100ths
DOLLARS ($151,020.00) as modi
fied by that “Modification of Note”
entered into on October 21, 2013
which modified the principal amount
to TWO HUNDRED AND TWENTY
FIVE THOUSAND, ONE HUNDRED
AND TWENTY FIVE AND 00/100ths
DOLLARS ($225,125.00) (the
“Note”), with interest on the Note from
the date thereof at the rate as
provided therein on the unpaid bal
ance 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 Tuesday in Novem
ber 2014, the following described
property (the “Property”):
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 205 OF THE 15TH DISTRICT,
DEKALB COUNTY, GEORGIA AND
BEING LOT 11, PER PLAT BY J.C.
CONN, C.E. DATED JUNE 28, 1907
AND BEING MORE PARTICU
LARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE
NORTH SIDE OF MEMORIAL
DRIVE (FORMERLY FAIR STREET)
210 FEET EAST FROM THE
NORTHEAST CORNER OF THE IN
TERSECTION OF MEMORIAL
DRIVE AND DOUGLAS STREET,
SAID POINT OF BEGINNING BE
ING AT THE EAST LINE OF A TEN
FOOT ALLEY; RUNNING THENCE
NORTH ALONG THE EAST SIDE
OF SAID ALLEY 224 FEET; RUN
NING THENCE NORTHEASTERLY
7.07 FEET TO THE SOUTH SIDE
OF A 12 FOOT ALLEY, RUNNING
THENCE EAST ALONG THE
SOUTH SIDE OF ALLEY A DIS
TANCE OF 45 FEET TO LOT 12;
FUNNING THENCE SOUTH 229
FEET TO A POINT ON THE NORTH
SIDE OF MEMORIAL DRIVE, RUN
NING THENCE WEST ALONG THE
NORTH SIDE OF MEMORIAL
DRIVE 50 FEET TO THE POINT OF
BEGINNING.
The debt secured by said Security
Deed has been and is hereby de
clared due because of, among other
possible events of default, failure to
comply with the terms of the Note.
The debt remaining in default, this
sale will be made for the purpose of
paying the same and all expenses of
this sale, including attorneys’ fees
(notice of intent to collect attorneys'
fees having been given) and all other
payments provided for under the
terms of the Security Deed and Note.
Said property will be sold on an “as-
is” basis without any representation,
warranty or recourse against the
above-named or the undersigned.
The sale will also be subject to the
following items which may affect the
title: any outstanding ad valorem
taxes (including taxes which are a li
en, whether or not now due and pay
able); the right of redemption of any
taxing authority; matters which would
be disclosed by an accurate survey
or by an inspection of the property; all
zoning ordinances; assessments; li
ens; encumbrances; restrictions; cov
enants, and any other matters of re
cords superior to said Security Deed.
To the best knowledge and belief of
Lender, the described Property is in
the possession of Borrower or
tenant(s), and said Property is more
commonly known 2110 Memorial
Drive, SE, Atlanta Georgia 30317.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code and (2) final confirmation and
audit as to the status of the loan with
the holder of the Security Deed.
Jon David W. Huffman, at Poole Law
Group, 315 W. Ponce de Leon Ave.,
Suite 344, Decatur, Georgia 30030,
Telephone: 404-373-4008, a repres
entative for Lender, is the individual
who has full authority to negotiate,
amend, and modify all terms of the
mortgage with you.
2110 MEMORIAL DRIVE, LLC
as Attorney-in-Fact for
++Hunter Real Estate and Prop
erty Management, LLC++
Jon David W. Huffman, Esq.
Poole Law Group
315 W. Ponce de Leon Ave.
Suite 344
Decatur, Georgia 30030
Telephone: 404-373-4008
Fax: 888-709-5723
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
420-362142 10/9,10/16,10/23,10/30jh
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 Lloyd Daniel Murphy
to Mortgage Electronic Registration
Systems, Inc. ("MERS") as nominee
for CTM Finance Corporation, dated
May 2, 2007, and recorded in Deed
Book 22072, Page 657, DeKalb
County, Georgia records, as last
transferred to Bank of New York Mel
lon fka The Bank of New York, as
Trustee for the Certificateholders of
CWALT, Inc. Alternative Loan Trust
2007-OH2, Mortgage Pass-Through
Certificates, Series 2007-OH2 by As
signment recorded in Deed Book
23488, Page 563, Dekalb County,
Georgia records, conveying the after-
described property to secure a Note
of even date in the original principal
amount of $165,510.00, 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 Tues
day in November, 2014, to wit:
November 4, 2014, the following de
scribed property:
All that tract or parcel of land lying
and being in Land Lot 201 of the 18th
District, Dekalb County, Georgia, be
ing building 1100, Unit 1108, Carlyle
Wood Condominium, as shown on
Condominium Plat recorded in Con
dominium Plat Book 181, Pages 38-
39 and 52-75, Dekalb County re
cords, together with that certain De
claration of Condominium for Carlyle
Woods Condominium recorded in
Deed Book 19538, Page 293, Dekalb
County records, as may be amended.
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
1468 Briarwood Road, NE, #1108,
Atlanta, GA 30319, 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): Lloyd Daniel
Murphy 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
Bank of New York Mellon fka The
Bank of New York, as Trustee for the
Certificateholders of CWALT, Inc. Al
ternative Loan Trust 2007-OH2, Mort
gage Pass-Through Certificates,
Series 2007-OH2
as attorney in fact for
Lloyd Daniel Murphy
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.
++FC14-128/MURPHY++