Newspaper Page Text
Page 28C
The Champion Legal Section, Thursday, November 20, 2014 www.championnewspaper.com
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.
420-363910
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 Harvard Square 1 RE, LLC
to Lumos Properties Inc., dated May
30, 2013, recorded on August 28,
2013 in Deed Book 23987, Page 448,
DeKalb County, Georgia Records,
said Security Deed having been last
sold, assigned, transferred and con
veyed to Lumos Properties, Inc., the
secured creditor, by Assignment con
veying the after-described property to
secure a Note in the original princip
al amount of Fifty-Six Thousand Fifty
and 00/100 DOLLARS ($56,050.00),
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 36 of the 15th
District, DeKalb County, Georgia, and
being Lot 5, Block "PP", Unit 1-A of
Chapel Hill Subdivision, per plat re
corded at Plat Book 59, page 101,
DeKalb County, Georgia Records,
which plat is incorporated herein and
made a part hereof by reference; be
ing improved property known as 3823
Flakes Mill Road, Decatur, Georgia
30034.
Said property is known as 3823
Flakes Mill Road, Decatur, GA
30034, together 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 Harvard Square 1 RE, LLC,
the property, to the best information,
knowledge and belief of the under
signed, being presently in the pos
session of Harvard Square 1 RE, LLC
or a tenant or tenants. Said property
will be sold subject to any outstand
ing ad valorem taxes (including taxes
which are a lien, but not yet due and
payable), the right of redemption of
any taxing authority, any matters
which might be disclosed by an ac
curate survey and inspection of the
property, any assessments, liens, en
cumbrances, zoning ordinances, re
strictions, covenants, and matters of
record superior 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 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
of the secured creditor, Lumos Prop
erties, Inc., is as follows: Lumos
Properties, Inc., 3567 Benton Street,
#177, Santa Clara, CA 95051, 408-
621-0817 . The foregoing notwith
standing, nothing in O.C.G.A. 44-14-
162.2 shall require the secured cred
itor to negotiate, amend or modify the
terms of the mortgage instrument.
Lumos Properties, Inc.
as Attorney in Fact for
Harvard Square 1 RE, LLC
Morris|Schneider|Wittstadt, LLC
1303 Hightower Trail, Suite 315
Sandy Springs, Georgia 30350
http://foreclosure.closingsource.net
+ + GA-91000659-14 HARVARD
SQUARE 1 RE, LLC++THIS LAW
FIRM IS ACTING AS A DEBT COL
LECTOR ATTEMPTING TO COL
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
420-363911
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 Rhonda Johnson to In
dyMac Bank, F.S.B., dated February
23, 2007, recorded on February 28,
2007 in Deed Book 19707, Page 770,
DeKalb County, Georgia Records,
said Security Deed having been last
sold, assigned, transferred and con
veyed to OneWest Bank, FSB, the
secured creditor, by Assignment con
veying the after-described property to
secure a Note in the original princip
al amount of Two Hundred Fifty-Two
Thousand and 00/100 DOLLARS
($252,000.00), with interest thereon
as set forth therein, the holder there
of pursuant to said Deed and Note
thereby secured has declared the en
tire amount of said indebtedness due
and payable and, pursuant to the
power of sale contained in said Deed,
will on December 2, 2014 during the
legal hours of sale, before the Court
house 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 227 of the 15th
District, DeKalb County, Georgia, be
ing Lot 44, Block A, Carlisle Subdivi
sion, Unit Five, as per plat recorded
in Plat Book 64, Page 70 and re
vised plat recorded in Plat Book 72,
Page 96, DeKalb County, Georgia re
cords, which recorded plat is incor
porated herein by this reference and
made a part of this description. Said
property being known as 4267 Kings
Troop Road according to the present
systems of numbering houses in
DeKalb County, Georgia.
Said property is known as 4267
Kings Troop Road, Stone Moun
tain, GA 30083, together with all fix
tures and personal property attached
to and constituting a part of said
property, if any.
Said property will be sold as the prop
erty of Rhonda Johnson, the prop
erty, to the best information, know
ledge and belief of the undersigned,
being presently in the possession of
Rhonda Johnson 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
of the secured creditor, OneWest
Bank, FSB, is as follows: OneWest
Bank, FSB, P. O. Box 4045, Kalama
zoo, Ml 49003, 800-781-7399. The
foregoing notwithstanding, nothing in
O.C.G.A. 44-14-162.2 shall require
the secured creditor to negotiate,
amend or modify the terms of the
mortgage instrument.
OneWest Bank, FSB
as Attorney in Fact for
Rhonda Johnson
Morris|Schneider|Wittstadt, LLC
1303 Hightower Trail, Suite 315
Sandy Springs, Georgia 30350
http://foreclosure.closingsource.net
++GA-91001142-11 JOHNSON++
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
420-363912
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 Lashondra Benham-Cane
to Mortgage Electronic Registration
Systems, Inc., as nominee for Irwin
Mortgage Corporation, dated July 31,
2003, recorded on August 12, 2003
in Deed Book 15045, Page 29,
DeKalb County, Georgia Records,
said Security Deed having been last
sold, assigned, transferred and con
veyed to CitiMortgage, Inc., the se
cured creditor, by Assignment con
veying the after-described property to
secure a Note in the original princip
al amount of One Hundred Twelve
Thousand Three Hundred Eleven
and 00/ 1 0 0 DOLLARS
($112,311.00), with interest thereon
as set forth therein, the holder there
of pursuant to said Deed and Note
thereby secured has declared the en
tire amount of said indebtedness due
and payable and, pursuant to the
power of sale contained in said Deed,
will on December 2, 2014 during the
legal hours of sale, before the Court
house door in said County, sell at
public outcry to the highest bidder for
cash, the property described in said
Deed, to-wit:
Land Lot 157 of the 15th District of
DeKalb County, Georgia, being Lot
25, Block "E", Section 3, Unit 3, East-
erwood Subdivision, according to plat
recorded in Plat Book 57, Page 8,
DeKalb County Records, which refer
ence is made for the purpose of in
corporating the same as a part
herein. Said property is further known
as 3943 Wedgefield Circle, accord
ing to the present system of number
ing houses in DeKalb County, Geor
gia.
Said property is known as 3943
Wedgefield Circle, Decatur, GA
30035, together 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 Lashondra Benham-Cane, the
property, to the best information,
knowledge and belief of the under
signed, being presently in the pos
session of Lashondra Benham-Cane
or a tenant or tenants. Said property
will be sold subject to any outstand
ing ad valorem taxes (including taxes
which are a lien, but not yet due and
payable), the right of redemption of
any taxing authority, any matters
which might be disclosed by an ac
curate survey and inspection of the
property, any assessments, liens, en
cumbrances, zoning ordinances, re
strictions, covenants, and matters of
record superior 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 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
of the secured creditor, CitiMortgage,
Inc., is as follows: CitiMortgage, Inc.,
1000 Technology Drive, MS 314,
O'Fallon, MO 63368, 866-880-5730.
The foregoing notwithstanding, noth
ing in O.C.G.A. 44-14-162.2 shall re
quire the secured creditor to negoti
ate, amend or modify the terms of the
mortgage instrument.
CitiMortgage, Inc.
as Attorney in Fact for
Lashondra Benham-Cane
Morris|Schneider|Wittstadt, LLC
1303 Hightower Trail, Suite 315
Sandy Springs, Georgia 30350
http://foreclosure.closingsource.net
++GA - 91000282-14-4 BENHAM-
CANE++
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
420-363921 11/6,11/13,11/20,11/27jh
NOTICE OF SALE UNDER POWER
GEORGIA, DEKALB COUNTY
THIS IS AN ATTEMPT TO COL
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
Under and by virtue of the Power of
Sale contained in a Security Deed
given by John Richard Watson and
Virginia Beem Watson to Mortgage
Electronic Registration Systems, Inc.
as nominee for Quicken Loans, Inc.,
dated 12/19/2006, recorded in Deed
Book 19588, Page 565, DeKalb
County, Georgia records, as last
transferred to Ocwen Loan Servicing,
LLC by assignment recorded or to be
recorded in the DeKalb County,
Georgia records conveying the after-
described property to secure a Note
in the original principal amount of
Two Hundred Twenty Thousand and
00/100 DOLLARS ($220,000.00),
with interest thereon as set forth
therein, there will be sold at public
outcry to the highest bidder for cash
before the courthouse door of DeKalb
County, Georgia, within the legal
hours of sale on the first Tuesday in
December 2014, the following de
scribed property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 274 OF THE 18TH DISTRICT,
DEKALB COUNTY, GEORGIA AND
BEING LOT 17 OF CROSSWYCKE
FOREST SUBDIVISION, AS
SHOWN AND DESIGNATED ON A
PLAT THEREOF RECORDED AT
PLAT BOOK 83, PAGE 107, IN THE
CLERK'S OFFICE FOR THE SU
PERIOR COURT OF DEKALB
COUNTY, GEORGIA TO WHICH
PLAT REFERENCE IS HEREBY
MADE FOR A MORE COMPLETE
AND ACCURATE DESCRIPTION AS
TO THE METES, BOUNDS AND
LOCATION OF SAID PROPERTY.
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 attorney’s fees
(notice of intent to collect attorney’s
fees having been given).
Said property will be sold subject to
any outstanding ad valorem taxes (in
cluding taxes which are a lien, but not
yet due and payable), any matters
which might be disclosed by an ac
curate survey and inspection of the
property, any assessments, liens, en
cumbrances, zoning ordinances, re
strictions, covenants, and matters of
record superior to the Security Deed
first set out above.
The entity that has full authority to
negotiate, amend, and modify all
terms of the mortgage with the debt
or is: Ocwen Loan Servicing, LLC,
1661 Worthington Road, Suite 100,
West Palm Beach, FL 33409, 561 -
682-8000. Please understand that
the secured creditor is not required
by law to negotiate, amend, or modi
fy the terms of the mortgage instru
ment.
To the best knowledge and belief of
the undersigned, the parties in pos
session of the property are VIRGIN
IA WATSON, JOHN WATSON or a
tenant or tenants and said property is
more commonly known as 3006
CROSSWYCKE FOREST DR NE,
ATLANTA, GA 30319.
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.
Ocwen Loan Servicing, LLC
as Attorney in Fact for
VIRGINIA WATSON,
JOHN WATSON
Weissman, Nowack,
Curry, & Wilco P.C.
Attn: Lender Services
One Alliance Center, 4th Floor
3500 Lenox Road
Atlanta, GA 30326
Our File#
++017237-001606/ WATSON++
420-363922 11/6,11/13,11/20,11/27jh
NOTICE OF SALE UNDER POWER
GEORGIA, DEKALB COUNTY
THIS IS AN ATTEMPT TO COL
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
Under and by virtue of the Power of
Sale contained in a Security Deed
given by James Walter Nicholson to
BANK OF AMERICA, N.A., dated
07/03/2002, recorded in Deed Book
13430, Page 552, DeKalb County,
Georgia records, as last transferred
to Bank of America, National Associ
ation by assignment recorded or to
be recorded in the DeKalb County,
Georgia records conveying the after-
described property to secure a Note
in the original principal amount of
One Hundred Ten Thousand Six
Hundred Thirty and 50/100 DOL
LARS ($110,630.50), with interest
thereon as set forth therein, there will
be sold at public outcry to the highest
bidder for cash before the court
house door of DeKalb County, Geor
gia, within the legal hours of sale on
the first Tuesday in December 2014,
the following described property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 15, 18TH DISTRICT OF
DEKALB COUNTY, GEORGIA, BE
ING LOT 83, UNIT TWO THE SUM
MIT SUBDIVISION, AS PER PLAT
RECORDED IN PLAT BOOK 81,
PAGE 31, DEKALB COUNTY RE
CORDS, WHICH PLAT IS THEREBY
REFERRED TO AND MADE A PART
OF THIS DESCRIPTION, BEING
KNOWN AS 501 NORTH SUMMIT,
ACCORDING TO THE PRESENT
SYSTEM OF NUMBERING HOUSES
IN DEKALB COUNTY, GEORGIA,
BEING MORE PARTICULARLY DE
SCRIBED AS FOLLOWS:
BEGINNING AT AN OPEN TOP
PIPE ON THE WESTERLY RIGHT
OF WAY OF NORTH SUMMIT
192.55 FEET NORTH OF THE IN
TERSECTION OF THE NORTHERN
RIGHT OF WAY OF CRESTRIDGE
LANE AND THE WESTERN RIGHT
OF WAY OF NORTH SUMMIT AS
MEASURED ALONG THE WEST
ERN AND NORTHWESTERN RIGHT
OF WAY OF NORTH SUMMIT;
THENCE RUNNING NORTH 76 DE
GREES 13 MINUTES 41 SECONDS
WEST 116.90 FEET TO AN IRON
PIN FOUND; THENCE NORTH 01
DEGREES 00 MINUTES 55
SECONDS WEST 80 FEET TO AN
IRON PIN FOUND; THENCE SOUTH
65 DEGREES 04 MINUTES 26
SECONDS EAST 115.03 FEET TO
AN IRON PIN FOUND; THENCE IN
A SOUTHEASTERLY DIRECTION
AND FOLLOWING THE
CURVATURE THEREOF AN ARC
DISTANCE OF 64.71 FEET TO AN
OPEN TOP PIPE AND TO THE
POINT OF BEGINNING, AS MORE
PARTICULARLY SHOWN ON THAT
CERTAIN PLAT OF SURVEY PRE
PARED BY SURVEY SYSTEMS
AND ASSOCIATES, DATED FEBRU
ARY 5,1996.
BEING THE SAME PROPERTY
CONVEYED TO JAMES WALTER
NICHOLSON BY DEED FROM
ALETHIA JOAN SYKES, RECOR
DED 10/05/1998 IN DEED BOOK
10262 PAGE 35, IN THE OFFICE OF
THE CLERK OF THE SUPERIOR
COURT OF DEKALB COUNTY,
GEORGIA.
TAX ID# 18-015-04-057
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 attorney's fees
(notice of intent to collect attorney’s
fees having been given).
Said property will be sold subject to
any outstanding ad valorem taxes (in
cluding taxes which are a lien, but not
yet due and payable), any matters
which might be disclosed by an ac
curate survey and inspection of the
property, any assessments, liens, en
cumbrances, zoning ordinances, re
strictions, covenants, and matters of
record superior to the Security Deed
first set out above.
The entity that has full authority to
negotiate, amend, and modify all
terms of the mortgage with the debt
or is: Ocwen Loan Servicing, LLC,
1661 Worthington Road, Suite 100,
West Palm Beach, FL 33409, 561 -
682-8000. Please understand that
the secured creditor is not required
by law to negotiate, amend, or modi
fy the terms of the mortgage instru
ment.
To the best knowledge and belief of
the undersigned, the parties in pos
session of the property are James
Walter Nicholson or a tenant or ten
ants and said property is more com
monly known as 501 N Summit,
Stone Mountain, GA 30083.
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.
Bank of America,
National Association
as Attorney in Fact for
James Walter Nicholson
Weissman, Nowack,
Curry, & Wilco P.C.
Attn: Lender Services
One Alliance Center, 4th Floor
3500 Lenox Road
Atlanta, GA 30326
Our File#
++017237-000625/ NICHOLSON++
420-363923 11/6,11/13,11/20,11/27jh
NOTICE OF SALE UNDER POWER
GEORGIA, Dekalb COUNTY
THIS IS AN ATTEMPT TO COL
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
Under and by virtue of the Power of
Sale contained in a Security Deed
given by Eric Smith A/K/A Eric Don
nell Smith to MORTGAGE ELEC
TRONIC REGISTRATION SYS
TEMS INC., AS NOMINEE FOR
HOME FUNDS DIRECT, dated July
18, 2005, recorded in Deed Book
20490, Page 438, Dekalb County,
Georgia records, as last transferred
to DEUTSCHE BANK NATIONAL
TRUST COMPANY, AS TRUSTEE
FOR MORGAN STANLEY ABS CAP
ITAL I INC. TRUST 2005-HE6,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-HE6
by assignment recorded or to be re
corded, Dekalb County, Georgia re
cords conveying the after-described
property to secure a Note in the ori
ginal principal amount of ONE HUN
DRED FORTY-THREE THOUSAND
ONE HUNDRED AND 00/100 DOL
LARS ($143,100.00); with interest
thereon as set forth therein, there will
be sold at public outcry to the highest
bidder for cash before the court
house door of Dekalb County, Geor
gia, within the legal hours of sale on
the first Tuesday in December, 2014
the following described property:
THE FOLLOWING LAND SITUATED
IN DEKALB COUNTY, GEORGIA,
TO WIT:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 57 OF THE 15TH DISTRICT,
DEKALB COUNTY, GEORGIA, BE
ING LOT 2 OF DUNCAN ESTATES
SUBDIVISION, AS PER PLAT RE
CORDED IN PLAT BOOK 108,
PAGE 109, DEKALB COUNTY,
GEORGIA RECORDS, WHICH RE
CORDED PLAT IS INCORPOR
ATED HEREIN FOR A MORE COM
PLETE DESCRIPTION OF SAID
PROPERTY.
BEING THE SAME PROPERTY
CONVEYED TO ERIC SMITH AND
MARY J. WILLIAMS BY DEED
FROM FLAT SHOALS DEVELOP
MENT COMPANY, INC. RECOR
DED 12/27/1999 IN DEED BOOK