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Notice of Sale Under Power Georgia, Richmond County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Earthie G. Folk and Sandra D. Folk to Mortgage Funding Network, Inc., dated March 22, 1996, and recorded in Deed Book 518, Page 2345, Richmond County, Georgia records, as last assigned to Manufacturers & Traders Trust Company, as trustee, on behalf of the holders of the ContiMortgage Home Equity Loan Trust 1996-2 Certificates by assignment recorded in Deed Book 1362, page 643, Richmond County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $103,275.00, 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 Richmond County, Georgia, within the legal hours of sale on the first Tuesday in December, 2015, to wit: December 1, 2015, the following described property: All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, being known and designated as Lot 23, Block B, Section Two, Foxhall Subdivision, as shown on a plat thereof recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Reel 122, Page 233. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds, courses, distances and location of said property. Tax Identification of Richmond County, Georgia is Map/Parcel: 16 / 373. Subject to easements described in Order recorded in Reel 585, Page 375, Richmond County, Georgia 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. 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 2953 Foxhall Circle, Augusta, GA 30907, 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): Earthie G. Folk and Sandra D. Folk or tenant or tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of 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; (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 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. 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: Select Portfolio Servicing, Inc. Attention: Loss Mitigation Department 3815 South West Temple Salt Lake City, Utah 84115 1-888-818-6032 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 conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being Manufacturers and Traders Trust Company, as trustee, on behalf of the holders of the ContiMortgage Home Equity Loan Trust 1996-2 Certificates as attorney in fact for Earthie G. Folk and Sandra D. Folk Richard B. Maner, P.C. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FC10-220 November 5, 12, 19, 26, 2015 Ad #16755819
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