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Notice of Sale Under Power. State of Georgia, County of GWINNETT.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JOCELYN Y. FACEN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) AS NOMINEE FOR COCA COLA COMPANY FAMILY FEDERAL CREDIT UNION, ITS SUCCESSORS AND ASSIGNS , dated 08/29/2005, and Recorded on 09/26/2005 as Book No. 44581 and Page No. 3, GWINNETT County, Georgia records, as last assigned to CU MEMBERS MORTGAGE, A DIVISION OF COLONIAL SAVINGS, F.A. (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $145,400.00, 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 GWINNETT County Courthouse within the legal hours of sale on the first Tuesday in December, 2016, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 35 & 36 OF THE 6TH DISTRICT OF GWINNETT COUNTY, GEORGIA, AND BEING SHOWN & DESIGNATED AS LOT 34, BLOCK C, OF QUINN RIDGE SUBDIVISION, UNIT ONE, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 238, IN THE CLERKS OFFICE OF THE SUPERIOR COUNTY OF GWINNETT COUNTY, GEORGIA, SAID RECORDED PLAT BEING INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION. 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 attorneys fees (notice of intent to collect attorneys fees having been given). CU MEMBERS MORTGAGE, A DIVISION OF COLONIAL SAVINGS, F.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. COLONIAL SAVINGS, F.A., 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, COLONIAL SAVINGS, F.A. may be contacted at: COLONIAL SAVINGS, F.A., 2626 WEST FREEWAY, BUILDING B, FORT WORTH, TX 76102, 800 937 6303. 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 2784 MOUNTBERRY DR, SNELLVILLE, GEORGIA 30039 is/are: JOCELYN Y. FACEN 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. CU MEMBERS MORTGAGE, A DIVISION OF COLONIAL SAVINGS, F.A. as Attorney in Fact for JOCELYN Y. FACEN. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006233233 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.
950-453496, 11/10,17,24,12/1
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