Newspaper Page Text
Page 12B
December 5, 2012
Public Notices
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Sale Under Power Sale Under Power Sale Under Power
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Sale Under Power Sale Under Power Sale Under Power
duly endorsed Note and is the
current assignee of the Security
Deed to the property. U.S. BANK
NATIONAL ASSOCIATION, acting
on behalf of and, as necessary, in
consultation with U.S. BANK, N.A.
(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, U.S. BANK
NATIONAL ASSOCIATION may be
contacted at: U.S. BANK NATIONAL
ASSOCIATION, 4801 FREDERICA
ST, OWENSBORO, KY 42301, 855-
698-7627. 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/parties in possession of the
subject property known as 124
CRICKET RUN, FORSYTH,
GEORGIA 31029 is/are: JOYCE
THOMAS 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 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, 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; 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 preceding
paragraph. U.S. BANK, N.A. as
Attorney in Fact for JOYCE
THOMAS. THIS LAW FIRM IS
ACTING AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE. 20100090100327
BARRETT DAFFIN FRAPPIER
LEVINE & BLOCK, LLP 15000
Surveyor Boulevard Addison, Texas
75001 Telephone: (972) 341-5398.
12-580
STATE OF GEORGIA
COUNTY OF MONROE
NOTICE OF SALE UNDER
POWER
Because of a default in the payment
of the indebtedness secured by a
Security Deed executed by Lonnie
Phillips, Sr. and Janet Phillips to
Colonial Bank, N.A. dated
September 6, 2007, and recorded in
Deed Book 1241, Page 74, Monroe
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 $167,350.00,
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 Wednesday, January 2, 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 39 OF THE 12TH LAND
DISTRICT OF MONROE COUNTY,
GEORGIA, CONTAINING 3.10
ACRES, AND BEING DESIGNATED
AS PARCEL 1 ON THAT CERTAIN
"BOUNDARY & PARTITIONING
SURVEY FOR LONNIE PHILLIPS"
DATED July 3, 2007, MADE BY
STEVEN A. COLEMAN, GEORGIA
REGISTERED LAND SURVEYOR
NO. 2690, AND RECORDED IN
PLAT BOOK 29, PAGE 122,
CLERK'S OFFICE, MONROE
SUPERIOR COURT, WHICH PLAT
BY THIS REFERENCE THERETO
IS INCORPORATED HEREIN FOR
A MORE PARTICULAR AND
ACCURATE DESCRIPTION OF
SAID PROPERTY.
Said property is known as 437
Jackson Lindsey Road, Forsyth, GA
31029, 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 taxing authority, any matters
which might be disclosed by an
accurate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, covenants,
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 of Lonnie Phillips, Sr.
and Janet Phillips, successor in
interest or tenant(s).
Wells Fargo Bank, N.A. as Attorney-
in-Fact for Lonnie Phillips, Sr. and
Janet Phillips
File no. 12-036936
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770) 220-2535/KB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR. ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
[FC-NOS]
12-581
Notice of Sale Under Power
State of Georgia,
County of MONROE.
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by MICHAEL J PEACE
AND TERESA K PEACE to GROUP
FINANCIAL SOUTHEAST , dated
11/22/1996, and Recorded on
12/03/1996 as Book No. 508 and
Page No. 278, MONROE County,
Georgia records, as last assigned to
JPMORGAN CHASE BANK, N.A.
(the Secured Creditor), by
assignment, conveying the after-
described property to secure a Note
of even date in the original principal
amount of $80,000.00, with interest
at the rate specified therein, there
will be sold by the undersigned at
public outcry to the highest bidder
for cash at the MONROE County
Courthouse within the legal hours of
sale on the first Wednesday in
January, 2013, the following
described property: ALL THAT
TRACT OR PARCEL OF LAND
LYING AND BEING IN LAND LOT
182 OF THE 12TH LAND
DISTRICT, 634TH (COX) GEORGIA
MILITIA DISTRICT OF MONROE
COUNTY, GEORGIA, CONTAINING
5.50 ACRES AND BEING KNOWN
AND DESIGNATED AS PARCEL
NO. 1 ACCORDING TO THAT
CERTAIN PLAT OF SURVEY
ENTITLED "A BOUNDARY &
PARTITIONING SURVEY FOR
TERESA K. PEACE", PREPARED
BY HUGH W. MERCER, JR.,
SURVEYOR, DATED OCTOBER 30,
1995, AS REVISED ON
FEBRUARY 8, 1996, AND
RECORDED IN PLAT BOOK 21,
PAGE 21, CLERK'S OFFICE, BIBB
SUPERIOR COURT, WHICH PLAT
IS BY THIS REFERENCE
INCORPORATED HEREIN AND
MADE A PART OF THIS
DESCRIPTION.
"THE GRANTOR BORROWER
REPRESENTS, COVENANTS,
WARRANTS, AND AGREES THE
MANUFACTURED HOME
LOCATED ON THE LAND, (1997
PALM HARBOR
MANUFACTURER'S NO. PH14
8174 A & B WAS FORMERLY
PERSONALITY BUT IS NOW AND
FOREVER TO REMAIN ON THE
LAND AND HAS BEEN
PERMANENTLY AFFIXED TO THE
LAND DESCRIBED HEREIN SO
AS TO BECOME PART OF THE
LAND; AND ALL ASSOCIATED
ADDITIONS (WELLS, SEPTIC
TANK, DECK, DRIVEWAY,
WALKWAYS, PATIO, CARPORT,
GARAGE, ETC. AS APPLICABLE)
ARE INTENDED TO BE
PERMANENT IMPROVEMENTS
TO SAID REAL ESTATE AND ARE
TO BE GOVERNED BY ALL
TERMS AND CONDITIIONS OF
THIS SECURITY DEED, WITH ALL
RIGHTS THERETO APPETAINING.
THE MANUFACTURED HOME ON
THE DATE OF EXECUTION OF
THE SECURITY DEED HAS BEEN
PERMANENTLY AFFIXED TO THE
REALTY AND IS INTENDED BY
THE GRANTOR TO BE A FIXTURE
AND A PART OF THE REAL
ESTATE.
THE GRANTOR SHALL APPLY
FOR HOMESTEAD EXEMPTION
AND HAVE THE PROPERTY
TAXED AS REAL PROPERTY AT
THE EARLIEST POSSIBLE DATE.
ANY FAILURE TO MAKE SUCH
APPLICATION SHALL
CONSTITUTE A DEFAULT
HEREUNDER BY THE GRANTOR
BORROWER. 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
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). JPMORGAN CHASE
BANK, N.A. holds the duly endorsed
Note and is the current assignee of
the Security Deed to the property.
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO
CHASE HOME FINANCE LLC,
acting on behalf of and, as
necessary, in consultation with
FEDERAL NATIONAL MORTGAGE
ASSOCIATION, A/K/A FANNIE
MAE (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,
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO
CHASE HOME FINANCE LLC may
be contacted at: JPMORGAN
CHASE BANK, NATIONAL
ASSOCIATION, SUCCESSOR BY
MERGER TO CHASE HOME
FINANCE LLC, 3415 VISION
DRIVE, COLUMBUS, OH 43219,
866-550-5705. 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/parties in possession of the
subject property known as 1059
OLD ZEBULON ROAD, FORSYTH,
GEORGIA 31029 is/are: MICHAEL
J PEACE AND TERESA K PEACE
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 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,
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; 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
preceding paragraph. JPMORGAN
CHASE BANK, N.A. as Attorney in
Fact for MICHAEL J PEACE AND
TERESA K PEACE. THIS LAW
FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
20120187409085 BARRETT
DAFFIN FRAPPIER LEVINE &
BLOCK, LLP 15000 Surveyor
Boulevard Addison, Texas 75001
Telephone: (972) 341-5398.
12-582
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
By virtue of a Power of
Sale contained in that certain
Security Deed from BRUCE
RIGGINS to Mortgage Electronic
Registration Systems, Inc., as
nominee for AMERICA'S
WHOLESALE LENDER, dated
March 10, 2006, recorded March
22, 2006, in Deed Book 1117, Page
150, Monroe County, Georgia
Records, said Security Deed having
been given to secure a Note of even
date in the original principal amount
of Four Hundred Thousand and
00/100 dollars ($400,000.00), with
interest thereon as provided for
therein, said Security Deed having
been last sold, assigned and
transferred to U.S. BANK
NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE HOLDERS OF
THE SASCO 2006-BC4 TRUST
FUND, secured creditor, there will
be sold at public outcry to the
highest bidder for cash before the
courthouse door of Monroe County,
Georgia, within the legal hours of
sale on the first Wednesday in
January 2013, 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 181 OF THE 13TH LAND
DISTRICT OF MONROE COUNTY,
GEORGIA, BEING KNOWN AND
DESIGNATED AS LOT 22,
WADLEY STATION SUBDIVISION,
ACCORDING TO A PLAT OF
RECORD IN PLAT BOOK 27, PAGE
9, CLERK'S OFFICE. MONROE
SUPERIOR COURT, SAID LOT
HAS SUCH SIZE, SHAPE AND
DIMENSIONS AS SHOWN ON
SAID PLAT WHICH IS
INCORPORATED HEREIN BY
REFERENCE THERETO.
THIS CONVEYANCE IS SUBJECT
TO ALL ZONING ORDINANCES,
CONDITIONS, EASEMENTS,
RESTRICTIONS AND
COVENANTS OR RECORD.
DEED REFERENCE: DEED BOOK
1015, PAGE: 225, CLERK'S
OFFICE, MONROE SUPERIOR
COURT
PROPERTY ADDRESS: LOT 22,
WADLEY STATION LANE, WADLEY
STATION SBD. MACON, GA Said
legal description being controlling,
however the property is more
commonly known as 30 WADLEY
STATION LANE, MACON, GA
31210.
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,
including 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 (notice to
collect same having been given)
and all other payments provided for
under the terms of the Security
Deed and Note.
Said property will be sold
on an "as-is" basis without any
representation, warranty or recourse
against the above-named creditor or
the undersigned. The sale will also
be subject to the following items
which may affect the title: any
outstanding ad valorem taxes
(including taxes which are a lien,
whether or not now due and
payable); the right of redemption of
any taxing authority; matters which
would be disclosed by an accurate
survey or by an inspection of the
property; all zoning ordinances;
assessments; liens; encumbrances;
restrictions; covenants, and any
other matters of record superior to
said Security Deed.
To the best of the
knowledge and belief of the
undersigned, the owner and party in
possession of the property is
BRUCE RIGGINS, or tenants(s).
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.
The entity having full
authority to negotiate, amend or
modify all terms of the loan
(although not required by law to do
so) is: Bank of America, N.A., as
successor by merger to BAC Home
Loans Servicing, LP f/k/a
Countrywide Home Loans
Servicing, LP, Loss Mitigation Dept.,
7105 Corporate Drive, PTX-A-274,
Plano, TX 75024, Telephone
Number: 800-720-3758 for and on
behalf of the secured creditor.
U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR
THE HOLDERS OF THE SASCO
2006-BC4 TRUST FUND
as Attorney in Fact for
BRUCE RIGGINS
THE BELOW LAW FIRM MAY BE
HELD TO BE ACTING AS A DEBT
COLLECTOR, UNDER FEDERAL
LAW. IF SO, ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
Attorney Contact: Rubin Lublin, LLC,
3740 Davinci Court, Suite 150,
Peachtree Corners, GA 30092
Telephone Number: (877) 813-0992
Case No. BAC-12-01606-0004
www.rubinlublin.com/property-
listings.php
12-583
NOTICE OF SALE UNDER
POWER CONTAINED IN
SECURITY DEED
STATE OF GEORGIA,
COUNTY OF Monroe
Pursuant to a power of
sale contained in a certain security
deed executed by Floyd E. Searcy,
hereinafter referred to as Grantor, to
Mortgage Electronic Registration
Systems, Inc., as nominee for
Taylor, Bean, & Whitaker Mortgage
Corp. recorded in Deed Book 694,
beginning at page 264, of the deed
records of the Clerk of the Superior
Court of the aforesaid state and
county, and by virtue of a default in
the payment of the debt secured by
said security deed, the undersigned
attorney-in-fact for the aforesaid
Grantor (which attorney-in-fact is the
present holder of said security deed
and note secured thereby) will sell
before the door of the courthouse in
said county within the legal hours of
sale, for cash, to the highest bidder
on the first Wednesday in January
2013, the property which, as of the
time of the execution of said security
deed, was described as set forth in
the attached Exhibit "A". 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 assessments,
liens, encumbrances, zoning
ordinances, restrictions, and all
other matters of record superior to
the said security deed. MidFirst
Bank, through its division Midland
Mortgage as loan servicer is the
entity with full authority to negotiate,
amend and modify the terms of the
Note and Security Deed. MidFirst
Bank, through its division Midland
Mortgage may be contacted at: 999
Northwest Grand Boulevard,
Oklahoma City Oklahoma 73118; 1-
800-552-3000. To the best of the
undersigned's knowledge and belief,
the party in possession of the
property is believed to be Floyd E.
Searcy.
MidFirst Bank,
as Transferee, Assignee, and
Secured Creditor
As attorney-in-fact for the aforesaid
Grantor
Raymond S. Martin, PC.
Attorney at Law
990 Hammond Drive, Suite 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT, AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
EXHIBIT "A"
All that tract or parcel of land lying
and being in Land Lot 169 of the
Sixth Land District of Monroe
County, Georgia, being in the City
Limits of Forsyth, and being known
as Parcel No. 6, containing 0.087
acres, this according to a plat of
survey entitled “A Boundary &
Partitioning Survey for James E.
Calloway” by Steve Coleman &
Associates, Inc., dated November 5,
1997, and recorded in Plat Book 22,
Page 59, Clerk’s Office, Monroe
County Superior Court, and said
plat of survey is incorporated herein
by reference hereof for a more
accurate and complete description.
This being a portion of the same
lands as described in a Executor’s
Deed from the Estate of Mrs. Vera
Stuart Zellner to James E. &
Geraldine Calloway dated
December 18, 1984, and recorded
in Deed Book 183, Page 120,
aforesaid Clerk’s Office.
12-584
NOTICE OF SALE UNDER
POWER
MONROE COUNTY
Pursuant to the Power of Sale
contained in a Security Deed given
by Abraham L. Simmons III to Wells
Fargo Bank, NA dated 6/30/2011
and recorded in Deed Book 1457
Page 144, Monroe County, Georgia
records; as last transferred to Wells
Fargo Bank, NA, conveying the
after-described property to secure a
Note in the original principal amount
of $ 204,676.00, 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
Monroe County, Georgia, within the
legal hours of sale on January 2,
2013 (being the first Tuesday of said
month unless said date falls on a
Federal Holiday), the following
described property:
All that tract or parcel of land lying
and being in Land Lot 185 of the 4th
District, Monroe County, Georgia,
being Lot 28, The Old Oak
Plantation Subdivision, as per plat
recorded in Plat Book 28, Pages
107-112, Monroe County Records,
said plat being incorporated herein
by reference thereto.
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 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 paying the same and all
expenses 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). Wells Fargo
Bank, NA is the current owner of the
loan.
Said property is commonly known
as 107 Lightwood Lane, Forsyth,
Georgia 31029 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 subject
property is (are): Abraham L.
Simmons III or tenant or tenants.
Wells Fargo Bank, NA is the entity
or individual designated, who shall
have full authority to negotiate,
amend and modify all terms of the
mortgage pursuant to established
guidelines.
Wells Fargo Bank NA
Wells Fargo Bank, NA
Loss Mitigation
3476 Stateview Boulevard
Fort Mill, SC 29715
1-800-662-5014
Note, however, that such entity or
individual is not required by law to
negotiate, amend or modify the
terms of the loan.
Said property will be sold subject to:
(a) any outstanding ad valorem
taxes (including taxes which are a
lien, but not yet due and payable),
(b) the right of redemption of any
taxing authority, (c) any matters
which might be disclosed by an
accurate survey and inspection of
the property, and (d) any
assessments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed first
set out above.
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) unpaid water or sewage bills that
constitute 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 accurate survey and
inspection of the property, and (e)
any assessments, 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. Pursuant to
O.C.G.A. Section 9-13-172.1, which
allows for certain procedures
regarding the rescission of judicial
and non-judicial sales in the State of
Georgia, the Deed Under Power
and other foreclosure documents
may not be provided until final
confirmation and audit of the status
of the loan as provided immediately
above.
Wells Fargo Bank, NA as agent and
Attorney in Fact for Abraham L.
Simmons III
Aldridge Connors, LLP, 3575
Piedmont Road, N.E., Suite 500,
Atlanta, Georgia 30305, (404) 994-
7400.
THIS LAW FIRM MAY BE ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE. 1000-667491880
12-585
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
Because of default in the payment
of the indebtedness, secured by a
Security Deed executed by Michelle
Newman to Mortgage Electronic
Registration Systems, Inc., as
nominee for Homecomings
Financial Network, Inc., its
successors and assigns dated
March 25, 2004 in the amount of
$211,500.00, and recorded in Deed
Book 954, Page 292, Monroe
County, Georgia Records; as last
transferred to The Bank of New York
Mellon Trust Company, National
Association FKA The Bank of New
York Trust Company, N.A. successor
to JPMorgan Chase Bank N.A., as
Trustee for RASC 2004-KS4 by
assignment; the undersigned, The
Bank of New York Mellon Trust
Company, National Association FKA
The Bank of New York Trust
Company, N.A. successor to
JPMorgan Chase Bank N.A., as
Trustee for RASC 2004-KS4
pursuant to said deed and the 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, and pursuant to O.C.G.A.
Section 9-13-161 (a) will on the first
Wednesday in January, 2013 ,
during the legal hours of sale, at the
Courthouse door in Monroe 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 175 of the 4th
District of Monroe County, Georgia,
being Lots 24 and 25, Indian
Springs Bluff Subdivision, as per
plat recorded at Plat Book 24, Page
17, aforesaid Records, said being
incorporated and made a part of this
description by reference,
which has the property address of
784 Stokes Store Rd, Forsyth,
Georgia., together with all fixtures
and other personal property
conveyed by said deed.
The sale will be held subject to any
unpaid taxes, assessments, rights-
of-way, easements, protective
covenants or restrictions, liens, and
other superior matters of record
which may affect said property.
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.
Notice has been given of intention
to collect attorneys' fees in
accordance with the terms of the
note secured by said deed. Notice
has been also given, in writing and
by certified mail, return receipt
requested, to the borrower, of the
name, address, and telephone
number 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 Michelle Newman and
the proceeds of said sale will be
applied to the payment of said
indebtedness, the expense of said
sale, all as provided in said deed,
and the undersigned will execute a
deed to the purchaser as provided
in the aforementioned Security
Deed.
The Bank of New York Mellon Trust
Company, National Association FKA
The Bank of New York Trust
Company, N.A. successor to
JPMorgan Chase Bank N.A., as
Trustee for RASC 2004-KS4
Attorney in Fact for
Michelle Newman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-04572 /CONV/awilby
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
12-586
NOTICE OF SALE UNDER
POWER
STATE OF GEORGIA
COUNTY OF MONROE
Under and by virtue of the Power of
Sale contained in a Security Deed
given by Estate of Ruth Harper to
Mortgage Electronic Registration
Systems, Inc. as nominee for
IndyMac Bank, F.S.B., a federally
chartered savings bank, dated
05/16/2007, recorded on May 31,
2007 in Deed Book 1218 at Page
76, Monroe County, Georgia
Records. Having been last sold,
assigned, transferred and conveyed
to Deutsche Bank National Trust
Company, as Trustee of the IndyMac
INDX Mortgage Trust 2007-FLX5,
Mortgage Pass-Through
Certificates, Series 2007-FLX5
under the Pooling and Servicing
Agreement dated June 1, 2007 by
Assignment conveying the after-
described property to secure a Note
in the original principal amount of
156,000.00, with interest thereon as
set forth therein, 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 January 2, 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 108 OF THE 13TH LAND
DISTRICT OF MONROE COUNTY,
GEORGIA, BEING KNOWN AND
DESIGNATED AS LOT 10 AND 11,
AS SHOWN ON A PLAT
RECORDED IN PLAT BOOK 11,
PAGE 176, MONROE COUNTY
RECORDS. EACH LOT HAS SUCH
LOCATION, SIZE, SHAPE, METES,
BOUNDS AND DIMENSIONS AS
SHOWN ON SAID PLAT WHICH IS
INCORPORATED HEREIN FOR
ALL PURPOSES. ADDRESS: 8466
ESTES RD., MACON, GA 31210
TAX MAP OR PARCEL ID NO.: 94-
44 Said property is known as 8466
ESTES RD MACON, GA 31220,
together with all fixtures and
personal property attached to and
constituting a party of said property,
if any. Said property will be sold as
the property of Estate of Ruth
Harper, the property, to the best
information, knowledge and belief of
the undersigned, being presently in
the possession of Estate of Ruth
Harper 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 survey
and inspection of the property, any
assessments, 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. Pursuant to O.C.G.A.
Section 9-13-172.1, which allows for
certain procedures regarding the
rescission of judicial and non
judicial sales in the State of
Georgia, the Deed Under Power
and other foreclosure documents
may not be provided until final
confirmation 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
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 paying the
same and all expenses of this sale,
as provided in Security Deed and by
law, including, without limitation,
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. 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 negotiate,
amend, or modify all terms of the
above-described mortgage is as
follows: OneWest Bank, FSB, C/O
Loan Resolution Department 888 E
Walnut St, Pasadena, CA 91101,
877-736-5556. The foregoing
notwithstanding, nothing in O.G.C.A.
44-14-162.2 shall require the
secured creditor to negotiate,
amend or modify the terms of the
mortgage instrument. Albertelli Law
Attorney for Deutsche Bank
National Trust Company, as Trustee
of the IndyMac INDX Mortgage