Under and by virtue of the Power of Sale contained in a Security Deed given by Michael P Mosley to Bank of America, N.A., dated August 29, 2008, recorded in Deed Book 449, Page 784, Appling County, Georgia Records, as last transferred to M&T Bank by assignment to be recorded in the Office of the Clerk of Superior Court of Appling County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($78,750.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Appling County, Georgia within the legal hours of sale on the first Tuesday in April, 2012, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed 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 Security Deed. 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 Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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 entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240, 800-724-1633. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Michael P Mosley or a tenant or tenants and said property is more commonly known as 137 Colonial Drive, Baxley, Georgia 31513. 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. This law firm is seeking solely to foreclose the creditor?s lien on real estate and this law firm will not be seeking a personal money judgment against you.
as Attorney in Fact for Michael P Mosley
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
Our file no. 5114012-FT15
EXHIBIT A All that tract or parcel of land lying, being and situated in Land Lot No. 284 of the Second Land District of Appling County, Georgia, and being designated as Lot No. 119 of Block 8 of what is known as Weatherly Park Subdivision, on that certain survey and plat thereof prepared by E.E. Singletary, G.R.L.S. No. 786, recorded in Plat Book 4, Page 239, of the records of the Clerk of Superior Court of Appling County, Georgia, and incorporated herein for a more full and complete description and all other legal purposes. Said property is bounded, now or formerly, as follows: North by Lot Number 121 of the above described plat: East by Lot Number 118 of the above described plat: South by Lot Number 117 of the above described plat; and West by the eastern right of way of Colonial Avenue. This being the same and identical property conveyed from Robert L. Kleffman and Elizabeth L. Kelffman to Guy P. Portulas by deed dated December 14, 1999, recorded in Deed Book 332, Page 27 of the records of the Clerk of Superior Court of Appling County, Georgia.
Our file no. 5114012 - FT15
3-7, 3-14, 3-21 & 3-28ch
gpn11 NOTICE OF SALE UNDER POWER GEORGIA, APPLING COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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