About The Georgia post. (Knoxville, Crawford County, Ga.) 19??-current | View Entire Issue (April 18, 2013)
PAGE 7 - THURSDAY, APRIL 18. 2013 Notice of Foreclosure The Right to Redeem State of Georgia County of Crawford To: Eagle American Homes, LLC, Nka Eagle American Homes Develop ment, LLC, P.O. Box 27863, Panama City, FL 32411. Resident/Tenant/Occu pant and all other parties, known and unknown having an interest in the prop erty hereinafter described: Tax Parcel # C107-003. Take Notice That: The right to redeem the following described prop erty, to-wit: All and only that parcel of land designated as Tax Parcel C107- 003, in Land Lots 92 & 93 of the 3rd District, Crawford County, Georgia, being Lot 1, Block C, Phase 1, Sarah Hill Estates, shown in Plat Book 13, Page 56, described in Deed Book 233, Page 715, located on Carl Sut ton Road. Will expire and be forever foreclosed and barred on and after the 23rd day of April, 2013 @ 5:00 P.M. The tax deed to which this notice is related is dated 1st day of November, 2011 and is recorded in Deed Book 315, Page 299, Clerk’s Office Crawford Superior Court. The property may be redeemed at any time before April 23, 2013 @ 5:00 P.M. by payment of the redemption price as provided by law to the undersigned at the following address: Tri-sport, Inc., P.O. Box 394, Roberta, GA31078. (4-1) Eagle 3/28-4/18 In The Probate Court State of Georgia County of Crawford IN RE: Estate of Ann C. Hedley, De ceased. Estate No. 13-016. Petition for letters of administration. Notice. To: Any interested parties, Linda Lowe has peti tioned to be appointed Administrator of the estate of Ann C. Hedley, deceased, of said County. The Petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. 53-12-261. All interested parties are hereby notified to show cause why said petition should not be granted. All objec tions to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before April 22,2013. All ob jections must be signed under oath be fore a notary public/probate court clerk, and filing fees must be tendered with your objections. Contact probate court personnel at the following address/tele phone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the peti tion may be granted without a hearing. Pamela L. Busbee, Probate Judge Lindsay G. Hudson, Probate Clerk P.O. Box 1028 Roberta, GA 31078 (478) 836-3313 (4-3) Hedley 3/28-4/18 In The Juvenile Court of Crawford County State of Georgia In the interest of: J.P., Sex w/m, Age 16, DOB 12/12/96, Case #039- 13J, R.H., Sex W/M, Age 9, DOB 08/17/03, Case # 039-13J, L.H., Sex W/M, Age 7, DOB 11/04/05, Case #039-13J. Children Under 18 Years of Age. To whom it may concern, Patrick Pearson, Any Unknown Pu tative father and anyone claiming a parental interest in the above chil dren born to Tabatha Hammock. You are notified that a Petition for Custody was filed against you in said court on 03/22/2013, an Order for Service by Publication was entered on 03/21/2013. YOU ARE COMMANDED AND RE QUIRED TO BE AND APPEAR before Crawford County Juvenile Court, held at Peach County Courthouse, Ft. Valley, Georgia on 03/26/2013 at 8:30 o’clock a.m. fora hearing and on 05/28/2013 at 8:30 o’clock a.m. for a hearing follow ing service by publication. Serve and answer on Petitioner’s Attorney, James E. Patterson, P.O. Box 1006, Forsyth, Georgia, 31029. You may obtain a copy of the petition by contacting Crawford County Juvenile Court Clerk. Witness the honorable Judges of this court, this 22nd day of March, 2013. Ryan John son, Clerk, Crawford County Court. (4-4) Pearson 3/28-4/18 In The Juvenile Court of Crawford County State of Georgia In the interest of: J.T., Sex W/F, Age 9, DOB 03/28/03, Case #039-13J-034. T.T., Sex W/F, Age 13, DOB 07/14/99, Case #039-13J-035. Children Under 18 Years of Age. To whom it may concern, Matthew Thomas, Putative father and anyone claiming a pa rental interest in the children born to Keri Thomas. You are notified that a Petition for Placement with Fit and Willing Relative and for Permanent Guardianship was filed against you in said court on 03/22/13 and by reason of an Order of Service entered by the court on 03/21/13. YOU ARE COMMANDED AND REQUIRED TO BE AND APP- PEAR before the Crawford County Ju venile Court, Peach Count Courthouse, Ft. Valley, Georgia on 04/18/13 at 11 o’clock a.m. for an interim hearing and on 05/16/13 at 11 o’clock a.m. following service by publication. Serve answers on Petitioner’s Attorney, James E. Pat terson, P.O. Box 1006, Forsyth, Georgia 31029. You may obtain a copy of the pe tition by contacting the Crawford County Juvenile Court Clerk. Witness the Hon orable Judges of this court, this 22nd day of March, 2013. Ryan Johnson, Clerk, Crawford Co. Juvenile Court. (4-5) Thomas 3/28-4/18 PUBLIC NOTICE APPLICATION: Special Exception APPLICANT: Wendy Johnson TYPE: Trade Shop LOCATION: 170 Greer Rd. PRESENT ZONING: R-AG DATE OF HEARING: 25 April 2013 HEARING BEFORE: Planning and Zon ing Board TIME: 7:00 p.m. PLACE: New courthouse, Hwy. 42, The Paul Coverdell Room FOR MORE INFORMATION CON TACT: Planning and Zoning Office, 478- 836-3199 (4-7) Johnson 4/4-4/18 NOTICE OF SALE UNDER POWER State of Georgia County of Crawford By virtue of a Power of Sale con tained in that certain Security Deed from J.C. Richardson and Thelma F. Rich ardson to Branch Banking and Trust Company, dated December 8, 2006, recorded January 16, 2007, in Deed Book 269, Page 465, Crawford County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of THIRTEEN THOUSAND SIX HUN DRED THIRTY-EIGHT DOLLARS AND TWENTY-SIX CENTS ($13,638.26), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Crawford County, Georgia, within the legal hours of sale on the first Tuesday in May 2013 by the secured creditor, Branch Banking and Trust Company, as Attorney in Fact for J.C. Richardson and Thelma F. Rich ardson, all property described in said Security Deed including but not limited to the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 161 OF THE SEVENTH LAND DISTRICT OF CRAWFORD COUNTY, GEORGIA, AND IN THE CITY OF ROBERTA, BE ING KNOWN AND DESIGNATED AS LOTS 29 AND 30 OF LINDA PARK SUBDIVISION, ACCORDING TO A PLAT PREPARED BY THOMAS W. FU- TRALL, III, G.R.L.S. NO. 1202, DATED MAY 17, 1989, A COPY OF WHICH PLAT IS RECORDED IN PLAT BOOK 9, FOLIO 179, CLERK’S OFFICE, CRAWFORD SUPERIOR COURT, WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART OF HEREOF BY REFERENCE THERETO FOR PURPOSES OF SHOWING THE METES, BOUNDS AND DIMENSIONS OF THE PROPERTY HEREIN CON VEYED. Said property being known as 122 Seagler Road, Roberta, Georgia 31078 according to the present num bering system in Crawford County. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, includ ing but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: security deed in favor of First Liberty Bank in the original amount of $57,950.00, dated October 20, 1995, recorded at Deed Book 142, Page 655, Crawford County, Georgia Records; all zoning ordinances; mat ters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all out standing bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in posses sion of the property is J.C. Richardson and Thelma F. Richardson ortenant(s). The sale will be conducted subject (1) to confirmation that the sale is not pro hibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan. The name of the person or entity who has the full author ity to negotiate, amend, and modify all terms of the mortgage is: Branch Bank ing and Trust Company, 150 Stratford Road, Suite 201, Winston-Salem, NC 27104 TEL (866) 909-4852. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Geheren Firm, PC., 4828 Ashford Dunwoody Road, 2nd Floor, Atlanta, GA 30338 TEL (678) 587-9500. (4-8) Richardson 4/4-4/25 Notice of Sale Under Power State of Georgia County of Crawford Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by STANLEY GRABANSKI AND DEBORAH S. GRABANSKI to MORT GAGE ELECTRONIC REGISTRATION SYSTEMS INC., AS NOMINEE FOR MICHIGAN FIDLITY ACCEPTANCE CORP DBA FRANKLIN MORTGAGE FUNDING, INC, dated APRIL 04, 2005, and recorded in Deed Book 250, Page 792, Crawford County, Georgia re cords, AS LAST TRANSFERRED TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE ON BEHALF OF THE NOTEHOLDERS OF AEGIS ASSET BACKED SECURITIES TRUST 2005-3, MORTGAGE-BACKED NOTES BY AS SIGNMENT RECORDED IN DEED BOOK 319, PAGE 478, CRAWFORD COUNTY, GEORGIA RECORDS, con veying the after-described property to secure a Note of even date in the original principal amount of $50,400.00, with in terest at the rate specified therein, there will be sold by the undersigned at pub lic outcry to the highest bidder for cash before the Courthouse door of Crawford County, Georgia, within the legal hours of sale on the first Tuesday in May, 2013, to wit: May 7, 2013, the following described property: ALL THAT TRACT OR PARCEL OF LAND SITUATE, LY ING AND BEING IN LAND LOT 77 OF THE 7TH LAND DISTRICT OF CRAW FORD COUNTY, GEORGIA, CONTAIN ING 7.051 ACRES, AS SHOWN ON A PLAT OF SURVEY ENTITLED “PROP ERTY SURVEY FOR DEBORAH S. TERRELL, PREPARED BY THOMAS W. FUTRAL, III, SURVEYOR, DATED MARCH 23,1988, COPY OF WHICH IS OF RECORD IN PLAT BOOK 8, PAGE 299, CLERK’S OFFICE, CRAWFORD SUPERIOR COURT. SAID PLAT AND THE RECORDED COPY THEREOF ARE HEREBY MADE A PART OF THIS DESCRIPTION BY REFERENCE THERETO. The debt secured by said Deed to Secure Debt has been and is hereby declared 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 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 attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property is commonly known as 5785 ZENITH MILL ROAD, FOURT VALLEY, GA 31030, together with all fixtures 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 subject property is (are): STANLEY GRABAN SKI AND DEBORAH S. GRABANSKI or tenant or tenants. Said property will be sold subject to (a) any outstand ing 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 record superior to the Deed to Secure Debt first set out above, in cluding, but not limited to, assessments, liens, encumbrances, zoning ordinanc es, 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 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 preceding paragraph. Pursuant to O.C.G.A. Section 44-14- 162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing, LLC Attention: Home Retention Department 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Facsimile: 1-407-737-5693 The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. This sale is con ducted on behalf of the secured credi tor under the power of sale granted in the aforementioned security instrument, specifically being U.S. BANK NATION AL ASSOCIATION, AS TRUSTEE ON BEHALF OF THE NOTEHOLDERS OF AEGIS ASSET BACKED SECURITIES TRUST 2005-3, MORTGAGE-BACKED NOTES as attorney in fact for STANLEY GRABANSKI AND DEBORAH S. GRA BANSKI Richard B. Maner, PC. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 (4-9) Grabanski 4/4-4/25 NOTICE OF SALE UNDER POWER State of Georgia County of Crawford By virtue of a Power of Sale contained in that certain Deed to Secure Debt (With Future Advance Clause) from MARK L. GAYLORD AND TAMMY J. GAYLORD to State Bank and Trust Company (by virtue of that certain Assignment of Loan Documents, filed and recorded July 16, 2012 in Deed Book 319, Page 485, CRAWFORD COUNTY, Georgia Records, assignee of the Federal De posit Insurance Corporation as receiver for Piedmont Community Bank) (“State Bank and Trust Company”), dated Au gust 5, 2008, filed and recorded August 19, 2008 in Deed Book 288, Page 418, Crawford County, Georgia Records (as amended, modified, or revised from time to time, “Security Deed”), said Security Deed having been given to secure a Note in the original principal amount of ONE HUNDRED NINETY-EIGHT THOUSAND FOUR HUNDRED AND NO/100THS DOLLARS ($198,400.00) (as amended, modified, or revised from time to time, collectively referred to as the “Note”), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of CRAWFORD COUNTY, Georgia, within the legal hours for sale on the first Tues day in May, 2013, all property described in said Security Deed, including, but not limited to, declarant’s rights, if any, and, without limitation, the following described property (or so much thereof as has not, as of said first Tuesday, by duly executed and recorded instrument, previously been released from the lien of the Security Deed): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 97, LAND DISTRICT TWO, GMD 630 OF CRAW FORD COUNTY, GEORGIA, CON TAINING 12.40 ACRES ACCORDING TO THAT CERTAIN PLAT OF SUR VEY ENTITLED ’’SURVEY OF PROP ERTY FOR MICHAEL H. JACKSON”, PREPARED BY BYRON L. FARMER, SURVEYOR, DATED MAY 20, 2005, AND RECORDED IN PLAT BOOK 14, PAGE 950, CLERK’S OFFICE, CRAW FORD SUPERIOR, WHICH PLAT IS BY THIS REFERENCE INCORPO RATED HEREIN AND MADE A PART OF THIS DESCRIPTION. THE PROP ERTY HEREIN DESCRIBED BEING A PORTION OF THE PROPERTY CON VEYED BY MADELLIE PROPERTIES, LLC TO MICHAEL H. JACKSON BY LIMITED WARRANTY DEED DATED MARCH 28, 2005, AND RECORDED IN DEED BOOK 249, PAGES 773-775, AFORESAID RECORDS. The indebt edness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, includ ing, but not limited to, the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the fol lowing items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by inspection of the property; any outstanding taxes, in cluding, but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; and all outstanding bills for public utilities which constitute liens upon said prop erty; To the best of the knowledge and belief of the undersigned, the party in possession of the property is MARK L. GAYLORD AND TAMMY J. GAYLORD or tenant(s). The sale will be conduct ed subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. State Bank and Trust Company and its counsel are acting as debt col lectors. Any information obtained will be used for that purpose. State Bank and Trust Company as At- torney-in-Fact for MARK L. GAYLORD AND TAMMY J. GAYLORD Contact: Guillermo Todd, Esq. Busch, Slipakoff & Schuh, LLP 3330 Cumberland Boulevard, Suite 300 Atlanta, Georgia 30339 Telephone (770) 790-3550 (4-10) Gaylord 4/11-5/2 Notice of Sale Under Power. State of Georgia County of Crawford Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by SUSAN M REICH AND ERIN S GARRETT to WELLS FARGO BANK, N.A. , dated 06/18/2010, and Recorded on 07/09/2010 as Book No. 303 and Page No. 742-761, CRAW FORD County, Georgia records, as last assigned to WELLS FARGO BANK, NA TIONAL ASSOCIATION (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original princi pal amount of $70,449.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the CRAWFORD County Courthouse within the legal hours of sale on the first Tuesday in May, 2013, the following described property: ALL THAT TRACT OR PARCEL OF LAND SITUATE, LY ING AND BEING IN LAND LOT 77 OF THE 6TH LAND DISTRICT OF CRAW FORD COUNTY, GEORGIA, BEING KNOWN AND DESIGNATED AS LOT 47, SECTION II, OAK HILL SUBDIVI SION, ACCORDING TO A PLAT OF RECORD IN PLAT BOOK 11, PAGE 291, CLERK’S OFFICE, CRAWFORD SUPERIOR COURT. SAID LOT HAS SUCH SIZE, SHAPE AND DIMEN SIONS AS SHOWN ON SAID PLAT, WHICH IS INCORPORATED HEREIN BY REFERENCE THERETO. THIS CONVEYANCE IS MADE SUBJECT TO A 60-FOOT BUILDING SETBACK LINE ALONG LOT FRONT, 15-FOOT UTILITY EASEMENT ACROSS LOT FRONT AND PART OF A 20-FOOT AC CESS EASEMENT, ALL AS SHOWN ON RECORDED SUBDIVISION PLAT. THIS CONVEYANCE IS MADE SUB JECT TO ALL ZONING ORDINANC ES, CONDITIONS, EASEMENTS, RESTRICTIONS AND COVENANTS OF RECORD. SAID PROPERTY IS KNOWN AS 387 OAKHILL DRIVE AC CORDING TO THE PRESENT SYS TEM OF NUMBERING IN CRAWFORD COUNTY, GEORGIA. DEED REFER ENCE: DEED BOOK 199, PAGE 341, CRAWFORD COUNTY RECORDS. The debt secured by said Deed to Secure Debt has been and is hereby declared 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of pay ing the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attor ney’s fees having been given). WELLS FARGO BANK, NATIONAL ASSOCIA TION holds the duly endorsed Note and is the current assignee of the Security Deed to the property. WELLS FARGO BANK, N.A., acting on behalf of and, as necessary, in consultation with WELLS FARGO BANK, NATIONAL ASSOCIA TION (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. § 44- 14-162.2, WELLS FARGO BANK, N.A. may be contacted at: WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 803-396-6000. Please note that, pursuant to O.C.G.A. § 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/par ties in possession of the subject prop erty known as 387 OAK HILL DRIVE, BYRON, GEORGIA 31008 is/are: SU SAN M REICH AND ERIN S GARRETT or tenant/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 pay able), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, in cluding, but not limited to, assessments, liens, encumbrances, zoning ordinanc es, 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; and (2) 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 procedures regarding the rescission of judicial and nonjudicial 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 in the preced ing paragraph. WELLS FARGO BANK, NATIONAL ASSOCIATION as Attor ney in Fact for SUSAN M REICH AND ERIN S GARRETT. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120169807781 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341 - 5398. (4-11) Reich 4/11-5/2 NOTICE OF SALE UNDER POWER State of Georgia County of Crawford Under and by virtue of the Power of Sale contained in a Security Deed given by Brenda F. Lester and Delmer G. Lester toFinancial Freedom Senior Funding Corporation, a Subsidiary of Indymac Bank, F.S.B. , dated April 16, 2008 , recorded on May 8, 2008 in Deed Book 285, Page 53, said Security Deed having been last sold, assigned, transferred and conveyed to OneWest Bank, FSB by Assignment conveying the after-described property to secure a Note in the original principal amount of $82,500.00, with interest thereon as set forth therein, the holder thereof pur suant 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 con tained in said Deed, will on May 7,2013 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 128 of the third (3rd) Land District of Crawford County, Georgia, containing 1.22 acres, more or less, and being known and des ignated as Lot Number 5, according to that certain plat of survey filed of record in Plat Book 4, Page 39, Clerk's Office, Crawford Superior Court. Said plat and the recorded copy thereof, including the metes, boundaries, courses, distances and dimensions are incorporated herein by reference thereto for all purposes. All that tract or parcel of land, lying and being in Land Lot 128 of the third (3rd) Land District of Crawford County, Geor gia, containing 0.006 acres, more or less, being a part of Lot Number 4, and being known and designated as "Parcel A-Well Lot”, according to that certain plat of survey prepared by Thomas W. Futral, III, dated September 24, 1990, and filed of record in Plat Book 10, Page 27, Clerk's Office Crawford Superior Court, said plat and the recorded copy thereof, including the metes, boundar ies, courses, distances and dimensions, are incorporated herein by reference thereto for all purposes. Said tract of land herein is a portion of Lot Number 4, as shown in that Quit-Claim Deed from Delmer G. Lester to Julius G. Carver, filed of record in Deed Book 105, Page 869, Clerk's office, Crawford Superior Court. For informational purposes only: The APN is shown by the County As sessor as C109A 033; source of title is Book 112, Page 629 and Book 112, Page 628 (recorded 10/11/90). Said property is known as 3409 Marshall Mill Rd., Byron, Georgia., together with all fixtures and personal property attached to and constituting a party of said prop erty, if any. Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone num ber of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44- 14-162.2(a). Said property will be sold as the property of Brenda F. Lester and Delmer G. Lester, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Brenda F. Lester and Delmer G. Lester or a tenant or tenants. Said property will be sold subject to any outstanding 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 accurate sur vey 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 pro hibited 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 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 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 declared due be cause of, among other possible events of default, failure to pay the indebted ness as and when due and in the man ner 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 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 accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law. Pursu ant 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 negotiate, amend, or modify all terms of the above-described mortgage is as follows: Financial Free dom Senior Funding Corporation 7700 W. Parmer Lane, Bldg. D Austin, TX 78729 Phone Number: (800) 441- 4428. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negoti ate, amend or modify the terms of the mortgage instrument. OneWest Bank, FSB as Attorney in Fact for Brenda F. Lester and Delmer G. Lester McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com The Georgia Post Publication Dates: 04-11-2013, 04-18- 2013, 04-25-2013,05-02-2013 File No. 13-01142 /RMFNMA/wmorgan TH IS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PURPOSE. (4-12) Lester 4/11-5/2 Continued on Page 8
