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Notice of Sale Under Power Georgia, Newton County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Jeff Patterson to Home Star Mortgage Services, LLC, dated December 27, 2002, and recorded in Deed Book 1345, Page 332, Newton County, Georgia records, aas last transferred to The Bank of New York Mellon, successor trustee to JPMorgan Chase Bank, National Association, as Trustee f/b/o holders of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust 2005-10, Mortgage Pass-Through Certificates, Series 2005-10 by assignment recorded in Deed Book 3534, Page 238, Newton County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $69,300.00, 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 Newton 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 tract or parcel of land lying and being in Leguinn District, G.M. Newton County, Georgia, and containing 1.67 acres as per that survey dated April 12, 1973, for Roy Elwin Tuck, Sr. by Clarence L. Wickersham, Georgia Registered Land Surveyor No. 1658, and being more particularly described as follows: Beginning at an iron pin set on the Westernmost right of way of Georgia Highway 36, (100 foot right of way), said point located 0.41miles in a Southerly direction along the Westernmost right of way of Georgia Highway 36 from the intersection of Georgia Highway 36 with Flat Shoals Road; thence South 89 degrees 03 minutes 11 seconds West a distance of 415.89 feet to an iron pin set; thence South 03 degrees 14 minutes 55 seconds East a distance of 175 feet to an iron pin found; thence North 88 degrees 03 minutes 11 seconds East a distance of 415.89 feet to an iron pin set on the Westernmost right of way of Georgia Highway No. 36; thence continuing in a Northerly direction along the Westernmost right of way of Georgia Highway 36 a distance of 75 feet to an iron pin and the POINT OF BEGINNING. Said property being bounded now or formerly as follows: On the North by Grady Moon, on the South by Comer Pennington, on the West by Curtis Johnson and on the East by Highway 36, Being the same property conveyed by James Newton Lewis, Sr. to Roy Elwin Tuck, Sr. by Warranty Deed dated July 4, 1968, and recorded in Deed Book 86, Page 493, Newton County 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 12130 Highway 36, Covington, GA 30014, 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): Jeff Patterson 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, successor trustee to JPMorgan Chase Bank, National Association, as Trustee f/b/o holders of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust 2005-10, Mortgage Pass-Through Certificates, Series 2005-10 as attorney in fact for Jeff Patterson 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. FC17-130 Public Notice #111249 6/4,11,18,25
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