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Notice of Sale Under Power Georgia, Glynn County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by David L. Moreland to Approved Residential Mortgage, Inc., dated October 28, 1997, and recorded in Deed Book 326, Page 99, Glynn County, Georgia records, as last assigned to The Bank of New York Mellon fka The Bank of New York, sbm JPMorgan Chase Bank sbm The Chase Manhattan Bank, sbm Chemical Bank, as Trustee for IMC Home Equity Loan Trust 1998-1 by assignment to be recorded in Deed Book 3232, Page 397, Glynn County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $48,775.00, 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 Glynn County, Georgia, within the legal hours of sale on the first Wednesday in July, 2017, to wit: July 5, 2017, the following described property: ALL THAT CERTAIN TRACT, lot and parcel of land situate, lying and being in the City of Brunswick in Glynn County, Georgia, identified and described according to the map and plan of Magnolia Park Subdivision, certified to by Raymond H. Bailey, Georgia Registered Surveyor No. 935, revised June 26, 1962, John H. Ringeling, Consulting Engineer, filed and recorded November 21st, 1963, in the office of the Clerk of Superior Court of Glynn County, Georgia, in Plat Book 7, Page 7, and more particularly described according to the maps and plats. Each dated March 5, 1964, made by John H. Ringeling, Registered Engineer No. 751, attached to and made a part of the certain deed, dated the 11th of May, 1964, from Magnolia Investment Corp., to Holiday Builders, Inc. (reference to which plats and the record hereof is hereby had for all purposes), and thereon described as Magnolia Park Subdivision Lot Twenty Six (26) and the Eastern 1/2 of Magnolia Park Subdivision Lot Twenty Seven (27) in Block "D" lying together and forming one body of land more particularly described as follows, to-wit: Beginning at a point on the Southerly line of Poinsetta Circle 550.49 feet Westerly (measured along said line of said Poinsetta Circle) from the point of intersection of the Westerly line of Cherry Street with the Southerly line of Poinsetta Circle, and running thence South 71 degrees 24 minutes West along the Southerly line of Poinsetta Circle for a distance of 112.71 feet; thence running South 18 degrees 36 minutes East for a distance of 130 feet; thence running North 71 degrees 24 minutes East for a distance of 112.71 feet; thence running North 18 degrees 36 minutes West along the division line between Lot Nos. 25 and 26 in said Block of said subdivision for a distance of 130 feet to the Southerly line of Poinsetta Circle. Said real property is conveyed subject to the Protective Covenants dated April 11, 1960. 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 2260 Poinsetta Circle, Brunswick, GA 31520, 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): David L. Moreland 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 3217 S. Decker Lake Drive Salt Lake City, Utah 84119 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 The Bank of New York Mellon fka The Bank of New York, sbm JPMorgan Chase Bank sbm The Chase Manhattan Bank, sbm Chemical Bank, as Trustee for IMC Home Equity Loan Trust 1998-1 as attorney in fact for David L. Moreland 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. FC07-384
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