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Notice of Sale Under Power
Georgia, Pike County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Ever Collier to Alliance Funding, a Division of Superior Bank FSB, dated February 23, 2001, and recorded in Deed Book 314, Page 19, Pike County, Georgia records, as last assigned to U.S. Bank National Association, as Trustee in trust for the holders of MLMI Trust 2002-AFC1 Asset-Backed Certificates, Series 2002-AFC1 by Assignment recorded in Pike County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $25,000.00, 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 Pike County, Georgia, within the legal hours of sale on the first Tuesday in July, 2015, to wit: July 7, 2015, the following described property:
All that tract or parcel of land situate, lying and being in Land Lot 255 of the Eighth Land District of Pike County, Georgia, located on the public road from Zebulon to the County Farm and further described as follows: Beginning at a point 480 feet West of the center of the track of Southern Railway, and running West along said road 209 feet to a point marked by an iron stake; thence South 209 feet to a point marked by an iron stake; thence East 209 feet to a point marked by an iron stake; thence North along the westerly margin of Tract 1 above to the Point of Beginning, containing 1 acres in the shape of a square. This is the identical property conveyed to Jerry Owen and Annie Mae Owen by deed dated May 1, 1994, of record in Book 25, Page 387, Clerk's Office, Superior Court, Pike County, Georgia.
Less and Except: All that tract or parcel of land lying and being in the City of Zebulon, Land Lot 255, Eighth District, Pike County, Georgia, containing 0.501 acres as shown on a plat of survey entitled “Survey for James K. Penningtonâ€, dated August 22, 1994, prepared by Robert Smith Mitchell, Georgia Registered Land Surveyor #1580, recorded in Plat Book 12, Page 249, Pike County, Georgia records, said plat of survey, together with the metes, bounds, courses and distances as shown thereon, being incorporated herein by reference as id fully set forth herein.
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 275 County Farm Road, Williamson, GA 30292, 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): Bennie Floyd Collier and Barbara Collier 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
U.S. Bank National Association, as Trustee in trust for the holders of MLMI Trust 2002-AFC1 Asset-Backed Certificates, Series 2002-AFC1
as attorney in fact for
Ever Collier
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.
6/10, 17, 24, 7/1
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