Newspaper Page Text
Page 32C
The Champion Legal Section, Thursday, November 6, 2014 www.championnewspaper.com
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
The Bank of New York Mellon fka
The Bank of New York, as Trustee on
behalf of the holders of the Alternat
ive Loan Trust 2007-5CB, Mortgage
Pass-Through Certificates, Series
2007-5CB
as attorney in fact for
Arthur Woodley
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.
++FC14-215/WOODLEY++
420-363702 11/6,11/13,11/20,11/27jh
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 JOHN GOOTEE AND
JACQUELINE GOOTEE to EVER
GREEN MORTGAGE CORP., dated
MARCH 31, 2004, and recorded in
Deed Book 15998, Page 590, DeKalb
County, Georgia records, AS LAST
TRANSFERRED TO U.S. BANK NA
TIONAL ASSOCIATION, AS TRUST
EE FOR CITIGROUP MORTGAGE
LOAN TRUST INC. MORTGAGE
PASS-THROUGH CERTIFICATES
SERIES 2004-NCM1 BY CORRECT
IVE ASSIGNMENT RECORDED IN
DEKALB COUNTY, GEORGIA RE
CORDS, conveying the after-de
scribed property to secure a Note of
even date in the original principal
amount of $97,000.00, 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 December, 2014, to wit:
December 02, 2014, the following de
scribed property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 171 OF THE 15TH DISTRICT,
DEKALB COUNTY, GEORGIA, BE
ING LOT 27, BLOCK "AA", OF EAST
LAKE TERRACE SUBDIVISION, AS
PER PLAT RECORDED IN PLAT
BOOK 8, PAGE 9, IN THE OFFICE
OF THE CLERK OF SUPERIOR
COURT OF DEKALB COUNTY,
GEORGIA RECORDS, WHICH PLAT
IS INCORPORATED HEREIN BY
REFERENCE AND MADE A PART
OF THIS DESCRIPTION.
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
1917 STANTON STREET, AT
LANTA, GA 30032, 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): SHANE
BRUCE, AS TRUSTEE OF THE
DECATUR 1917 STANTON STREET
LAND TRUST 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:
Ocwen Loan Servicing, LLC
Attention: Home Retention Depart
ment
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
Facsimile: 1-407-737-5693
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 FOR CITIG
ROUP MORTGAGE LOAN TRUST
INC. MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-
NCM1
as attorney in fact for
JOHN GOOTEE AND
JACQUELINE GOOTEE
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.
++AFC13-550/GOOTEE++
420-363703 11/6,11/13,11/20,11/27jh
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 Willie G. Rosser to
EquiCredit, dated February 23, 2000,
and recorded in Deed Book 11229,
Page 117, DeKalb County, Georgia
records, , conveying the after-de
scribed property to secure a Note of
even date in the original principal
amount of $97,144.00, 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 December, 2014, to wit:
December 2, 2014, the following de
scribed property:
All that tract or parcel of land lying
and being in Land Lot 3 of the 16th
District, DeKalb County, Georgia, be
ing Lot 20, Block A, of Laurel Planta
tion, Unit One-A, as per plat recor
ded in Plat Book 76, at Page 99,
DeKalb County Records, and being
known as 1408 Mill Lake Circle, ac
cording to the present numbering in
the vicinity
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
1408 Mill Lake Circle, Stone Moun
tain, GA 30088, 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): Willie G. Ross
er 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
EquiCredit Corporation
of America
as attorney in fact for
Willie G. Rosser
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.
++FC13-277/ROSSER++
420-363704 11/6,11/13,11/20,11/27jh
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 NAKKEYA K. HOR
TON AND KENNETH Y. HORTON
SR. to RESIDENTIAL FUNDING
GROUP, dated NOVEMBER 14,
1997, and recorded in Deed Book
9819, Page 370, DeKalb County,
Georgia records, AS LAST TRANS
FERRED TO THE BANK OF NEW
YORK MELLON F/K/A THE BANK
OF NEW YORK AS SUCCESSOR IN
INTEREST TO JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION
F/K/A THE CHASE MANHATTAN
BANK, AS TRUSTEE FOR C-BASS
MORTGAGE LOAN ASSET-
BACKED CERTIFICATES, SERIES
1999-CB2 BY ASSIGNMENT RE
CORDED IN DEKALB COUNTY,
GEORGIA RECORDS, conveying the
after-described property to secure a
Note of even date in the original prin
cipal amount of $86,299.00, with in
terest 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 December, 2014, to wit:
December 02,2014, the following de
scribed property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 225 OF THE 15th DISTRICT,
DEKALB COUNTY, GEORGIA, BE
ING LOT 21, BLOCK "A", UNIT ONE
OF AUTUMN CREST SUBDIVISION,
AS PER PLAT RECORDED IN PLAT
BOOK 77, PAGE 41, DEKALB
COUNTY, GEORGIA RECORDS,
WHICH PLAT IS REFERRED TO
AND MADE A PART OF THIS DE
SCRIPTION
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
1000 AUTUMN CREST COURT,
STONE MOUNTAIN, GA 30083, to
gether with all fixtures and personal
property attached to and constituting
a part of said property. To the best
knowledge and belief of the under
signed, the party (or parties) in pos
session of the subject property is
(are): NAKKEYA K. HORTON AND
KENNETH Y. HORTON SR. or ten
ant 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:
Ocwen Loan Servicing, LLC
Attention: Home Retention Depart
ment
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
Facsimile: 1-407-737-5693
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
THE BANK OF NEW YORK MEL
LON F/K/A THE BANK OF NEW
YORK AS SUCCESSOR IN IN
TEREST TO JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION
F/K/A THE CHASE MANHATTAN
BANK, AS TRUSTEE FOR C-BASS
MORTGAGE LOAN ASSET-
BACKED CERTIFICATES, SERIES
1999-CB2
as attorney in fact for
NAKKEYA K. HORTON AND
KENNETH Y. HORTON SR.
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.
++AFC13-184/ HORTON++
420-363708 11/6,11/13,11/20,11/27jb
NOTICE OF FORECLOSURE
UNDER DEED TO SECURE DEBT
WITH POWER OF SALE
STATE OF GEORGIA
COUNTY OF GWINNETT
Because of default in the payment of
the indebtedness evidenced by a
Promissory Note dated March 2,
2012 in the original principal sum of
$64,000.00, said Note being secured
by a Deed to Secure Debt executed
by Bobby Lee Walters as Grantors
to Tucker Car Wash, Inc. as Grantee,
dated March 2, 2012, filed for record
March 8, 2012 at 10:33 a.m. and re
corded at Deed Book 22914, Page
749 in the Office of the Clerk of the
Superior Court of DeKalb County,
Georgia, said Deed to Secure Debt
having been modified at Deed Book
24354, Page 598, DeKalb County
Deed Records and by virtue of the
fact that said Note has been de
clared fully mature and became fully
due and payable on September 15,
2014 by the exercise of the right of
acceleration, Tucker Car Wash, Inc.
has declared the entire unpaid prin
cipal balance of said Note, together
with all accrued and unpaid interest
due thereon immediately due and
payable in full pursuant to the terms
of said Note secured by said Deed to
Secure Debt. Tucker Car Wash, Inc.
will, pursuant to the power of sale
contained in said Deed to Secure
Debt, sell at public outcry on the first
Tuesday in December, 2014, during
the legal hours of sale before the
Courthouse door in DeKalb County,
Georgia to the highest and best bid
der for cash the property described in
said Deed to Secure Debt, to-wit:
All that tract or parcel of land lying
and being in Land Lot 59 of the 16th
Land District, DeKalb County,
Georgia and being Lot 55, Block A,
Unit Three of Leisure Valley Subdi
vision on a plat of said subdivision
recorded at Plat Book 82, Page 55,
DeKalb County Plat Records which
plat is incorporated herein by refer
ence thereto for a more complete de
scription of said Lot.
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 to
confirmation that the sale is not pro
hibited under the U.S. Bankruptcy
Code.
Notice has been given as required by
law of the intention to enforce provi
sions for the collection of attorney’s
fees and costs of foreclosure in ac
cordance with legal requirements and
the terms of the above Note and
Deed to Secure Debt securing said
Note. Said property will be sold as
the property of Bobby Lee Walters.
The proceeds of said sale will be
used to pay the expenses of said
sale, to pay the sums secured by
said Deed to Secure Debt with the
excess, if any, to be paid to such oth
er persons entitled to the same as
provided by law. The property in the
Deed to Secure Debt referred to
hereinabove is residential real prop
erty. Notice of said foreclosure has
been given to the Debtor.
To the best knowledge of the under
signed, the parties in possession of
the property are ++Bobby Lee Wal
ters and Emmanuella Cadet++.
The undersigned, as Attorney in Fact
for Bobby Lee Walters will execute a
deed to the purchaser at said sale as
provided in the aforesaid Deed to Se
cure Debt.
TUCKER CAR WASH, INC.,
as Attorney in Fact for
BOBBY LEE WALTERS
CLAUDE D. MASON, P.C.
Attorney at Law
P.O. Box 2050
Duluth, Georgia 30096
(770) 476-5268
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
420-363709 11/6,11/13,11/20,11/27jb
NOTICE OF SALE UNDER POWER
OF DEED TO SECURE DEBT
ASSIGNMENT OF RENTS AND
SECURITY AGREEMENT
STATE OF GEORGIA
DEKALB COUNTY
By virtue of the power of sale con
tained in that certain DEED TO SE
CURE DEBT, ASSIGNMENT OF
RENTS AND SECURITY AGREE
MENT from Reynaldo Restrepo and
Maria Linarte dated 21 February
2007, filed for record 26 March 2007,
and recorded in Deed Book 19791
Page 579, DEKALB COUNTY
GEORGIA RECORDS, having been
given to secure a Note dated of even
date herewith in the amount of
THREE HUNDRED SIXTY FOUR
THOUSAND SIX HUNDRED SEV
ENTY SEVEN AND 83/100 DOL
LARS ($364,677.83), with interest
from date at the rate stated in said
Note and 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 (556 N. MCDONOUGH
STREET - DEACTUR GA 30030)
within the legal hours of sale on the
FIRST TUESDAY in DECEMBER
2014, DECEMBER 02, 2014
BETWEEN THE HOURS OF 10:00
O’CLOCK AM AND 4:00 O’CLOCK
PM
The property described on Exhibit “A”
attached hereto and incorporated
herein by reference. The debt se
cured by said Deed to Secure Debt
has been and is hereby declared due
because 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.
Said property will be sold as the prop
erty of Reynaldo Restrepo and
Maria Linarte and shall be sold sub
ject to the outstanding ad valorem
taxes and / or assessments, if any,
and all easements and restrictions of
record, if any, having a priority over
this Deed to Secure Debt.
EXHIBIT A
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 326 OF THE 18TH DISTRICT,
DEKALB COUNTY, GEORGIA: AND
BEING LOT 3, BLOCK A, CANDLER
ESATES UNITE ONE, AS PER PLAT
RECORDED IN PLAT BOOK 45,
PAGE 14, DEKALB COUNTY GEOR
GIA RECORDS. WHICH PLAT IS IN
CORPORATED HEREIN AND MADE
A PART HEREOF BY REFERENCE.
SAID PROPERTY IS IMPROVED
PROPERTY KNOWN AS 1685
WEST NANCY CREEK - ATLANTA
GA 30319 ACCORDING TO THE
PRESENT SYSTEM OF NUBMER-
ING PROPERTY IN DEKALB
COUNTY GEORGIA.
James Broen and Jennifer Ke
ATTORNEY IN FACT FOR
++REYNALDO RESTREPO AND
MARIA LINARTE++
Please Contact
Mark A. Nestor
The Law Office of
Mark A. Nestor, P.C.
3690 Holcomb Bridge Road
Norcross GA 30092
770/368-0054
(F) 770/368-0972
Email mark.nestor@lawmanpc.com
420-363772
11/6,11/13,11/20,11/27WG
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
Because of a default in the payment
of the indebtedness secured by a Se-
curity Deed executed by Cindy
Brooks to United Bank dated Febru
ary 12, 2008, and recorded in Deed
Book 20633, Page 323, DeKalb
County Records, securing a Note in
the original principal amount of
$80,500.00, the holder thereof pursu
ant to said Deed and Note thereby
secured has declared the entire
amount of said indebtedness due and
payable and, pursuant to the power
of sale contained in said Deed, will
on the first Tuesday, December 2,
2014, during the legal hours of sale,
before the Courthouse door in said
County, sell at public outcry to the
highest bidder for cash, the property
described in said Deed, to-wit:
All that tract or parcel of land lying
and being in Land Lot 184 of the 15th
District of DeKalb County, Georgia,
being part of Lots 17 and 18, Plat No.
2, Block "N" of the Alexander Estates
Subdivision, according to plat of the
property of Harry H. Camp, Jr. by
Joseph C. King, Registered Land
Surveyor, Dated September 2, 1975
and being more particularly de
scribed as follows:
Beginning at a point marked by an
iron pin on the west side of Welika
Drive with the north side of Amelia
Avenue, and running thence north
along the west side of Welika Drive
64 feet to an iron pin; running thence
west 138 feet to an iron pin; running
thence south 64 feet to an iron pin;
running thence east 138 feet to the
west side of Welika Drive at the point
of beginning.
Said property is known as 1709 Wel
ika Drive, Decatur, GA 30032, to
gether with all fixtures and personal
property attached to and constituting
a part of said property, if any.
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 proceeds of said sale will be ap
plied to the payment of said indebted
ness and all expenses of said sale as
provided in said Deed, and the bal
ance, if any, will be distributed as
provided by law.
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 secured creditor.
The property is or may be in the pos
session of Cindy Brooks, a/k/a Cindy
R. Hickerson, successor in interest or
tenant(s).
United Bank as Attorney-in-Fact for
Cindy Brooks
File no. ++14-048969 BROOKS++
SHAPIRO, SWERTFEGER &
HASTY, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770) 220-2535/CH
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR. ANY INFORM
ATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
420-363909
11/6,11/13,11/20,11/27wg
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
Under and by virtue of the Power of
Sale contained in a Security Deed
given by Rosie McCray and Melvin
T. McCray to CitiFinancial Mortgage
Company, Inc., dated April 30, 2002,
recorded on May 28, 2002 in Deed
Book 13287, Page 780, DeKalb
County, Georgia Records, said Se
curity Deed now held by CitiMort-
gage, Inc., successor by merger with
CitiFinancial Mortgage Company,
Inc., the secured creditor, conveying
the after-described property to se
cure a Note in the original principal
amount of One Hundred Eighty-Three
Thousand Three Hundred Fifty and
00/100 DOLLARS ($183,350.00),
with interest thereon as set forth
therein, the holder thereof pursuant
to said Deed and Note thereby se
cured has declared the entire amount
of said indebtedness due and pay
able and, pursuant to the power of
sale contained in said Deed, will on
December 2, 2014 during the legal
hours of sale, before the Courthouse
door in said County, sell at public out
cry to the highest bidder for cash, the
property described in said Deed, to-
wit:
All that tract or parcel of land lying
and being in Land Lot 93 of the 15th
District, of DeKalb County, Georgia,
being Lot 2, Block C, Pineview Man
or Subdivision as per plat recorded in
Plat Book 58, page 12, DeKalb
County Records; being improved
property known as 3070 June Apple
Drive, according to the present sys
tem of numbering houses in DeKalb
County, Georgia. Said plat by refer
ence is incorporated herein and
made a part hereof.
Said property is known as 3070 June
Apple Drive, Decatur, GA 30034, to
gether with all fixtures and personal
property attached to and constituting
a part of said property, if any.
Said property will be sold as the prop
erty of Rosie McCray and Melvin T.
McCray, the property, to the best in
formation, knowledge and belief of
the undersigned, being presently in
the possession of Rosie McCray and
Melvin T. McCray or a tenant or ten
ants. Said property will be sold sub
ject to any outstanding ad valorem
taxes (including taxes which are a li
en, but not yet 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 con
firmation and audit of the status of
the loan with the holder of the secur
ity deed.
Pursuant to O.C.G.A. Section 9-13-
172.1, which allows for certain pro
cedures regarding the rescission of
judicial and non-judicial sales in the
State of Georgia, the Deed Under
Power and other foreclosure docu
ments may not be provided until final
confirmation of the audit of the status
of the loan as provided immediately
above.
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
pay the indebtedness as and when
due and in the manner provided in
the Note and Security Deed. The
debt remaining in default, this sale
will be made for the purpose of pay
ing the same and all expenses of this
sale, as provided in Security Deed
and by law, including, without limita
tion, attorneys' fees. Notice has been
given of intention to collect attorneys'
fees and other charges in accord
ance with the terms of the Note se
cured by said Deed. The balance, if
any, will be distributed as provided by
law.
Pursuant to O.C.G.A. 44-14-162.2,
the name, address and telephone
number of the individual or entity who
shall have the full authority to negoti
ate, amend, or modify all terms of the
above-described mortgage on behalf