About Barrow journal. (Winder, Ga.) 2008-2016 | View Entire Issue (April 13, 2016)
PAGE 6B-W BARROW JOURNAL WEDNESDAY, APRIL 13, 2016 Public Notices Continued hereby declared due because of, among other possible events of default, failure to pay the indebt edness 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 paying the same and all expens es of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property is commonly known as 1318 Hillside Court, Auburn, GA 30011 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the sub ject property is (are): Maria Lara and Maria Nickerson or tenant or tenants. Rushmore Loan Management Services, LLC is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. Rushmore Loan Management Services, LLC PO Box 52708 Irvine, CA 92619 888.504.7300 Note, however, that such enti ty or individual is not required by law to negotiate, amend or modify the terms of the loan. Said property will be sold sub ject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that con stitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accu rate survey and inspection of the property, and (e) any assess ments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. 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. Pur suant to O.C.G.A. Section 9-13- 172.1, which allows for certain procedures regarding the rescis sion of judicial and non-judicial sales in the State of Georgia, the Deed Linder Power and other foreclosure documents may not be provided until final confirma tion and audit of the status of the loan as provided immediately above. Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust as agent and Attorney in Fact for Maria Lara and Maria Nickerson Aldridge Pite, LLP (formerly known as Aldridge Connors, LLP), 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-74OO. 1208-1515A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLEC TOR ATTEMPTING TO COL LECT A DEBT. ANY INFOR- MATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1208-1515A (AP6,13,20,27B/20795-80P) \ Notice of Sale Notice of Sale Under Power Georgia; Barrow County Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt (With Future Advance Clause) from THOMAS D. BROWN, SR. A/K/A DANA BROWN (“GRANTOR”) TO COMMUNITY & SOUTHERN BANK, succes sor in interest to The Peoples Bank, by virtue of Assignment from the FDIC, as Receiver for The Peoples Bank (“Grantee”), dated November 8, 2007, filed and recorded November 19, 2007, in Deed Book 1361, Page 407, Barrow County, Georgia Records, as modified by that certain Modification Agreement dated December 13, 2012, filed and recorded January 3, 2013, in Deed Book 1693, Page 176, aforesaid records, as assigned by virtue of that certain Assign ment of Security Instruments and Other Loan Documents from FDIC, as Receiver for The Peoples Bank, to Community & Southern Bank, dated October 7, 2010, effective September 17, 2010, recorded in Deed Book 1540, Page 89, aforesaid record (as modified and assigned, the “Security Deed”), conveying the after-described property to secure that certain Promissory Note dated December 13, 2012, from Grantor payable to Grantee in the original principal amount of FORTY THOUSAND TWO HUNDRED FORTY TWO AND 02/100 DOLLARS ($40,242.02), with interest thereon as set forth therein (as renewed and amend ed, the “Note”), there will be sold at public outcry to the highest bidder for cash before the court house door of Barrow County, Georgia, within the legal hours of sale on the first Tuesday in May, 2016, the following described property: All that tract or parcel of land situate, lying and being in the 246th District, G.M., Barrow County, Georgia, Designated as Tract 1, containing 1.25 acres and Tract 2, containing 1.31 acres, as shown on a plat of sur vey entitled “Survey for Thomas Dana Brown, Sr.”, prepared by W.T. Dunahoo and Associ ates, certified by W.T. Dunahoo, GRLS no. 1577, dated August 2, 2007 and being of record in the Office of the Clerk of the Superior Court for Barrow County, Georgia in Plat Book 59, Page 87, which said plat and the recording thereof are by refer ence hereto incorporated herein for a more complete and detailed description. The indebtedness secured by said Security Deed has been and is hereby declared due and payable 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. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as pro vided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attor ney’s fees having been given as provided by law). The property will be sold for cash or certified funds and sub ject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate sur vey and inspection of the prop erty, zoning ordinances, restric tions, covenants, easements against the property, if any, and subject to any unpaid water and waste bills that constitute liens against the property, whether due and payable or not yet due and payable. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bank ruptcy Code and (2) final confir mation and audit prior to the sale of the status of the loan with the holder of the Security Deed. Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permit ted in the Security Deed. The following information is being provided in accordance with O.C.G.A. § 44-14-162.2. Community & Southern Bank is the secured creditor under the Security Deed and loan being foreclosed. The following enti ty shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated Note on behalf of the secured creditor: Community & Southern Bank, Attn: Foreclosures, 4800 Ashford-Dunwoody Road, Suite 200, Dunwoody, Georgia 30338, (678) 293-1235. O.C.G.A. § 44-14-162.2 states in pertinent part that, “nothing in this subsec tion shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.” To the best of the under signed’s knowledge and belief, the property is known as 774 and 808 Hancock Bridge Road, Winder, Barrow County, Georgia 30680; and the party in possession of the property is Thomas D. Brown, Sr. a/k/a Dana Brown, or his tenant or tenants. Community & Southern Bank, successor in interest to The Peoples Bank, by virtue of Assignment from the FDIC, as Receiver for The Peoples Bank, as Attorney-in-Fact for Thomas D. Brown, Sr. a/k/a Dana Brown Thompson, O’Brien, Kemp & Nasuti, PC. 40 Technology Parkway South, Suite 300 Norcross, Georgia 30092 (770) 925-0111 This is notice that we are attempting to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. (AP613,2027B/20347-90T1P) \ Notice of Sale Notice of Sale Under Power State of Georgia County of Barrow By virtue of the power of sale contained in that certain Deed to Secure Debt from JOYCE C. HEWATT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR TAYLOR, BEAN & WHITA KER MORTGAGE CORP. dated August 31, 2004, filed for record September 13, 2004, and record ed in Deed Book 977, Page 37, BARROW County, Georgia Records, as last transferred to THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/ATHE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR-IN-INTER EST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF NOMURA ASSET ACCEP TANCE CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004- AR4 by assignment recorded in Deed Book 1771, Page 644, BARROW County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated August 31, 2004 in the original principal sum of EIGHTY SEVEN THOU SAND TWO HUNDRED AND 0/100 DOLLARS ($87,200.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Court house door at BARROW County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in May, 2016, the fol lowing described property: ALL THAT TRACT OR PAR CEL OF LAND LYING OR BEING IN THE 243RD DIS TRICT, G.M., BARROW COUN TY GEORGIA, IN THE CITY OF WINDER, DESIGNATED AS LOT 2, BLOCK B, NICHOLAS POINTE SUBDIVISION, AS SHOWN ON A PLAT OF SUR VEY PREPARED BY PAUL E. BORDERS LAND SURVEYORS NO. 1995, DATED AUGUST 21, 1998, AND BEING RECORD ED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT FOR BARROW COUN TY, GEORGIA IN PLAT BOOK 46, PAGE 272, WHICH IS SAID PLAT AND THE RECORDING THEREOF ARE BY REFER ENCE HERETO INCORPO RATED HEREIN FOR A MORE COMPLETE AND DETAILED DESCRIPTION. To the best of the knowledge and belief of the undersigned, the party in possession of the property is JOYCE C. HEWATT or a tenant or tenants. Said prop erty may more commonly be known as: 280 KING STREET, WINDER, GA 30680. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other pos sible events of default, non-pay ment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees (notice of intent to collect attor ney’s fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is AMERICA’S SER VICING COMPANY, 3476 STAT- EVIEW BLVD, FORT MILL, SC 29715; (877) 222-7875. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any tax ing authority, any matters which might be disclosed by an accu rate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, 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. Pur suant to O.C.G.A. Section 9-13- 172.1, which allows for certain procedures regarding the rescis sion of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirma tion and audit of the status of the loan as provided in the preced ing paragraph. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS SUCCESSOR-IN- INTEREST TO ALL PERMITTED SUCCESSORS AND ASSIGNS OF JPMORGAN CHASE BANK, N.A., AS TRUSTEE, FOR CERTIFICATEHOLDERS OF NOMURA ASSET ACCEP TANCE CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004- AR4 As Attorney-in-Fact for JOYCE C. HEWATT Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 28335 This law firm is acting as a debt collector. Anv informa tion obtained will be used for that purpose. (AP6,13,20,27P4) \ Notice of Sale Notice of Sale Under Power State of Georgia County of Barrow By virtue of the power of sale contained in that certain Deed to Secure Debt from BONNIE J. HACKL to BANK OF AMERICA, N.A. dated November 17, 2005, filed for record November 22, 2005, and recorded in Deed Book 1126, Page 529, BAR- ROW County, Georgia Records, as last transferred to NATIONAL RESIDENTIAL ASSETS CORP. by assignment recorded in Deed Book 1746, Page 244, BAR- ROW County, Georgia Records. Said Deed to Secure Debt hav ing been given to secure a Note dated November 17, 2005 in the original principal sum of NINETY NINE THOUSAND ONE HUN DRED TWENTY AND 0/100 DOLLARS ($99,120.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at BARROW County, Georgia, or at such place as has or may be lawfully designated as an alter native location, within the legal hours of sale on the first Tues day in May, 2016, the following described property: ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING IN G.M.D. 249 OF BARROW COUNTY, GEOR GIA, BEING LOT 4, BLOCK A, OF MANNING GIN ESTATES, AS PER PLAT RECORDED IN PLAT BOOK 56, PAGE 21, BARROW COUNTY GEOR GIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN AND BY REFERENCE MADE A PART HEREOF. To the best of the knowledge and belief of the undersigned, the party in possession of the property is BONNIE J. HACKL or a tenant or tenants. Said property may more commonly be known as: 1306 MANNING WAY, MONROE, GA 30656. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other pos sible events of default, non-pay ment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees (notice of intent to collect attor ney’s fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100; (800) 669-6650. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any tax ing authority, any matters which might be disclosed by an accu rate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, 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. Pur suant to O.C.G.A. Section 9-13- 172.1, which allows for certain procedures regarding the rescis sion of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirma tion and audit of the status of the loan as provided in the preced ing paragraph. *Auction services to be provided by Auction.com (www.auction.com)* NATIONAL RESIDENTIAL ASSETS CORP. As Attorney-in-Fact for BON NIE J. HACKL Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH #28134 This law firm is acting as a debt collector. Anv informa tion obtained will be used for that purpose. (AP6,13,20,27P4) \ Notice of Sale Notice of Sale Under Power Georgia, Barrow County THIS IS AN ATTEMPT TO COLLECT 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 CARO LYN BREWER AND JAMES M BREWER TO MAIN STREET BANK, dated March 29, 2005, recorded in Deed Book 1070, Page 516, Barrow County, Geor gia Records and as modified by that certain Loan Modification Agreement recorded in Deed Book 1478, Page 520, Barrow County, Georgia Records, con veying the after-described prop erty to secure a Note in the original principal amount of SIX TY-EIGHT THOUSAND ONE HUNDRED NINETY-FOUR AND 88/100 DOLLARS ($68,194.88), with interest thereon as set forth therein, there will be sold at pub lic outcry to the highest bidder for cash before the courthouse door of Barrow County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in May, 2016, the following described property: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebt edness 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 Secu rity 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 (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assess ments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Branch Banking and Trust Company, successor by merger to Main Street Bank is the holder of the Security Deed to the prop erty in accordance with OCGA § 44-14-162.2. The entity that has full authori ty to negotiate, amend, and mod ify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street , PVN #101729, Green ville, SC 29601 800-827-3722. To the best knowledge and belief of the undersigned, the party in possession of the prop erty is The Estate of Carolyn Brewer and The Estate of James M Brewer or a tenant or ten ants and said property is more commonly known as 551 Provi dence Circle, Statham, Geor gia 30666. 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. Branch Banking and Trust Company, successor by merger to Main Street Bank as Attorney in Fact for Carolyn Brewer and James M Brewer McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net EXHIBIT “A” Real Estate located at Lot 23, Block A, 551 Providence Circle, Statham, GA. MR/crp1 5/3/16 Our file no. 5117316 - FT1 (AP6,13,20,27P4) \ Notice of Sale Notice of Sale Under Power Under and by virtue of the Power of Sale contained in a Security Deed from GEORGE PATTON to BANK OF AMER ICA, N.A., dated February 9, 2007, and recorded on March 13, 2007, in Book 1288, Page 107, of the Barrow County, Geor gia Records; as last assigned to COMMUNITY RESTORA TION CORPORATION (Secured Creditor); conveying the after- described property to secure a Note in the original principal amount of $50,000.00 with inter est thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Barrow County, Georgia, within the legal hours of sale on the first TUESDAY in May, 2016, the fol lowing described property: THE FOLLOWING REAL PROPERTY SITUATE IN, COUNTY OF BARROW AND STATE OF GEORGIA, DESCRIBED AS FOLLOWS: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 316TH DISTRICT, G.M., BARROW COUNTY, GEORGIA, DESIGNATED AS TRACT 1, CONTAINING 0.22 ACRES AND TRACT 2, CONTAINING 1.11 ACRES, THE TOTAL OF SAID TWO TRACTS BEING 1.33 ACRES AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT IRON PIN ON THE EASTERLY RIGHT OF WAY OF KILCREASE ROAD (SAID BEGINNING POINT IS LOCATED 459.7 FEET IN A SOUTHERLY DIRECTION FROM THE INTERSECTION OF THE CENTERLINE OF HALL ROAD AND THE EAST ERLY RIGHT OF WAY OF SAID KILCREASE ROAD, ON THE COMMON CORNER OF PROPERTY NOW OR FOR MERLY OF TOM PEPPERS AND THE WITHIN DESCRIBED PROPERTY) THENCE ALONG SAID RIGHT OF WAY SOUTH 13 DEGREES 29 MINUTES WEST 136.6 FEET; THENCE SOUTH 01 DEGREES 15 MIN UTES WEST 141.9 FEET TO IRON PIN; THENCE SOUTH 01 DEGREES 15 MINUTES WEST 138.61 FEET TO IRON PIN ON MCELROY LINE; THENCE NORTH 48 DEGREES 30 MINUTES EAST 378.6 FEET TO IRON PIN ON PEPPERS LINE; THENCE NORTH 56 DEGREES 36 MINUTES WEST 294 FEET TO BEGIN NING CORNER. SAID PROP ERTY IS FULLY SHOWN ON A PLAT PREPARED BY W.T. DUNAHOO, GEORGIA REGIS TERED SURVEYOR NO. 1577, ON 1/13/76 AND REVISED 6/8/76, WHICH PLAT IS ENTI TLED “SURVEY FOR RAY MCCULLY” AND RECORDED IN PLAT BOOK 12, PAGE 147, OFFICIAL BARROW COUNTY DEED RECORDS. SAID PLAT AND THE RECORD THEREOF IS BY REFERENCE MADE A PART OF THIS DESCRIPTION. The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said Note and Security Deed. The debt remaining in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, as pro vided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attor ney’s fees having been given) and all other payments provided for under the terms of the Secu rity Deed and Note. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assess ments, liens, encumbrances, zoning ordinances, restrictions, 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. Pur suant to O.C.G.A. Section 9-13- 172.1, which allows for certain procedures regarding the rescis sion 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 confirma tion and audit of the status of the loan as provided immediately above. The entity that has full author ity to negotiate, amend, and modify all terms of the mortgage with the debtor is: COMMUNITY RESTORATION CORPORA TION, c/o Clear Spring Loan Services, Attn: Noah Long, AVP Loss Mitigation, 18451 North Dallas Parkway, Suite 100, Dal las, TX 75287, 1-469-941-6423. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instru ment. To the best of the under signed’s knowledge and belief, said property is also known as 554 Kilcrease Road, Auburn, GA 30011, and the party in pos session of the property is/are GEORGE PATTON or a tenant or tenants of said property. COMMUNITY RESTORA TION CORPORATION As Attor ney-in-Fact for GEORGE PAT TON SOLOMON | BAGGETT, LLC 3763 Rogers Bridge Road Duluth, GA 30097 (678) 243-2512 THE LAW FIRM IS ACT- ING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Publish: 4/6/16; 4/13/16; 4/20/16; and 4/27/16 (AP6,13,20,27P4) \ Notice of Sale Notice of Sale Under Power State of Georgia County of Barrow Because of a default under the terms of the Security Deed executed by MICHAEL N. NEWIRTH TO ASSOCIATED CREDIT UNION dated Decem ber 6, 2001, and recorded in Deed Book 653, Page 282, and Modified in Deed Book 1545, Page 523, Barrow County Records, securing a Note in the original principal amount of $13,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebt edness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, May 3, 2016, 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 GMD 316 of Barrow County, Georgia, Being Lot 4, Cabot’s walk subdivision, unit one, as per plat recorded in plat book 35, page 36, Barrow County, Georgia records, which plat is incorporated herein and by this reference made a part hereof. Said property is known as 1210 Cabots Drive, Auburn, GA 30011, together 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 (including taxes which are a lien, whether or not now due and payable), the right of redemption of any tax ing authority, any matters which might be disclosed by an accu rate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. The proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, 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 possession Michael N. Newirth and The Representa tive of the Estate of Michael N. Newirth, successor in interest or tenant(s). Associated Credit Union as Attorney-in-Fact for Michael N. Newirth File no. 16-058230 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 211 Perimeter Center Park way Suite 300 Atlanta, Georgia 30346 770-392-0398/MW shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 04/06, 04/13, 04/20, 04/27, 2016 [FC-NOS] (AP6,13,20,27B/1323-50T1P) \ Notice of Sale Notice of Sale Under Power State of Georgia County of Barrow Because of a default under the terms of the Security Deed executed by MICHAEL D. GIV ENS AND ANGEL GREESON TO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Palladium Mortgage Corporation dated August 1, 2005, and recorded in Deed Book 1087, Page 304, Barrow County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A. by Assignment, securing a Note in the original principal amount of $120,683.00, the holder thereof pursuant 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, May 3, 2016, 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 GMD 249, Barrow County, Georgia, being known and designated as Lot 55 of Manning Gin Estates Subdivision, as more particu larly described on Plat of Survey recorded in Plat Book 56, Page 21, Barrow County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description. Said property is known as 1303 Manning Way, Monroe, GA 30656, together with all fixtures and personal property continued on following page
