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gpn11 CN6799 STATE OF GEORGIA COUNTY of CATOOSA NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from JUDY A. GREY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR STATE FARM BANK, F.S.B. dated January 12, 2006, filed for record January 20, 2006, and recorded in Deed Book 1252, Page 411, CATOOSA County, Georgia Records, as last transferred to STATE FARM BANK F.S.B. by assignment recorded in Deed Book 1815, Page 643, CATOOSA County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated January 12, 2006 in the original principal sum of NINETY FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($94,500.00), 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 CATOOSA 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 following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NO. 194 IN THE 28TH DISTRICT AND 3RD SECTION OF CATOOSA COUNTY, GEORGIA, AND BEING KNOWN AND DESIGNATED AS LOTS NOS. 91, 92, AND 93, CHEROKEE SUBDIVISION, AS SHOWN BY PLAT OF SAID SUBDIVISION, PREPARED BY R.E. SMITH, SURVEYOR, DATED MARCH 31, 1959, RECORDED IN PLAT BOOK 5, PAGE 77, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CATOOSA COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERN RIGHT OF WAY OF MARILYN STREET, SAID BEGINNING POINT BEING A DISTANCE OF 137.2 FEET EASTWARDLY AND NORTHEASTWARDLY ALONG THE SOUTHERN AND EASTERN RIGHT OF WAY LINE OF MARILYN STREET FROM ITS INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF CREST ROAD, SAID POINT OF INTERSECTION BEING AT THE NORTHWEST CORNER OF LOT NO. 95, SAID SUBDIVISION, SAID BEGINNING POINT BEING ALSO THE SOUTHWEST CORNER OF LOT NO. 93, SAID SUBDIVISION; THENCE IN A NORTHWARDLY DIRECTION, ALONG THE EASTERN LINE OF MARILYN STREET, A TOTAL DISTANCE OF 144.9 FEET TO THE NORTHWEST CORNER OF LOT NO. 91, SAID SUBDIVISION; THENCE IN AN EASTWARDLY DIRECTION, ALONG THE LINE DIVIDING LOTS NOS. 90 AND 91, SAID SUBDIVISION, A DISTANCE OF 193.3 FEET; THENCE IN A SOUTHWARDLY DIRECTION, A DISTANCE OF 250 FEET TO THE SOUTHEAST CORNER OF LOT NO. 93, SAID SUBDIVISION; THENCE IN A WESTWARDLY DIRECTION, ALONG THE LINE DIVIDING LOT NOS. 93 AND 94, SAID SUBDIVISION, A DISTANCE OF 280.2 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THAT PART OF LOT 93 CHEROKEE SUBDIVISION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN LOCATED IN THE SOUTH RIGHT OF WAY LINE OF MARILYN STREET (A PUBLIC ROAD WITH A 50 FOOT RIGHT OF WAY) SAID IRON PIN BEING LOCATED A DISTANCE OF 137.2 FEET EASTWARDLY WITH AND ALONG THE SOUTHWEST RIGHT OF WAY LINE OF MARILYN STREET FROM ITS INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF CREST ROAD (A PUBLIC ROAD WITH A 50 FOOT RIGHT OF WAY); THENCE NORTH 60 DEGREES 01 MINUTES 05 SECONDS EAST WITH AND ALONG THE SOUTH RIGHT OF WAY LINE OF MARILYN STREET A DISTANCE OF 21 FEET TO A POINT; THENCE SOUTH 46 DEGREES 22 MINUTES 37 SECONDS EAST A DISTANCE OF 168.56 FEET TO AN IRON PIN; THENCE SOUTH 25 DEGREES 53 MINUTES 08 SECONDS WEST A DISTANCE OF 18.7 FEET TO AN IRON PIN; THENCE NORTH 47 DEGREES 07 MINUTES 02 SECONDS WEST A DISTANCE OF 180.20 FEET TO THE POINT OF BEGINNING. THIS CONVEYENCE IS MADE SUBJECT TO THE FOLLOWING EXCEPTIONS: ANY GOVERNMENTAL ZONING AND/OR SUBDIVISION ORDINANCE OR REGULATION IN EFFECT THEREON. LESS AND EXCEPT THAT PROPERTY CONVEYED UNTO CHARLES F. WILDES AND JANICE G. B. WILDES BY WARRANTY DEED OF RECORD IN DEED BOOK 1090, PAGE 692 IN THE OFFICE OF THE SUPERIOR COURT CLERK OF CATOOSA COUNTY, GEORGIA. RESTRICTIVE COVENANTS AS SET FORTH IN INSTRUMENT OF RECORD IN DEED BOOK 91, PAGE 35 IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CATOOSA COUNTY, GEORGIA. To the best of the knowledge and belief of the undersigned, the party in possession of the property is JUDY A. GREY A/K/A JUDY ANN GREY or a tenant or tenants. Said property may more commonly be known as: 86 MERILYN DRIVE, RINGGOLD, GA 30736. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment 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 attorneys fees (notice of intent to collect attorneys fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is STATE FARM BANK, ATTN: LOAN SERVICING PO BOX 986, NEWARK, NJ 07184-0986; (866) 227-4384. 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 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 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. STATE FARM BANK F.S.B. As Attorney-in-Fact for JUDY A. GREY A/K/A JUDY ANN GREY Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 27299 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. 4-6,13,20,27
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