Under and by virtue of the Power of Sale contained in a Security Deed given by Helen Brigman Thomas to United Mortgage Corporation, dated September 5, 2008, recorded on December 8, 2008 in Deed Book 452, Page 566, said Security Deed having been last sold, assigned, transferred and conveyed to OneWest Bank, FSB by Assignment conveying the after-described property to secure a Note in the original principal amount of $142,500.00, with interest thereon as set forth therein, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on December 4, 2012 during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia consisting of 12.24 acres, more or less, of Land Lot No. 574, being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by Merlin J. Tomberlin, GRLS #2477, dated 12/19/94, recorded at Deed Book 283, Page 755, Appling County, Georgia Deed Records, which is incorporated herein and made a part hereof for descriptive and all other legal purposes. Said tract is conveyed subject to a life estate in Lois Y. Beasley. Conveyed herewith also is Grantors interest in that certain access easement at Book 283, Page 754, Appling County, Georgia Deed Records.
Less and Except those premises conveyed to Greg Thomas by deed dated 7/29/05 recorded 7/29/05 in Book 406 Page 134 bounded and described as follows: all that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia consisting of 4.790 acres, more or less, of Land Lot No. 574, being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by M. Jerry Tomberlin, GRLS #2942, dated 7/08/2005, recorded at Plat Book 18, Page 76, Appling County, Georgia Deed Records, which is Incorporated herein and made a part hereof for descriptive and all other legal purposes.
184 Rock Lake Road, Baxley, GA 31513
Said property is known as 184 Rock Lake Road, Baxley, Georgia., together with all fixtures and personal property attached to and constituting a party of said property, if any.
Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a).
Said property will be sold as the property of Helen Brigman Thomas, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Helen Brigman Thomas or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, 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 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.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation of the audit of the status of the loan as provided immediately above.
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, without limitation, attorneys` fees. Notice has been given of intention to collect attorneys` fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law.
Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above-described mortgage is as follows: Financial Freedom Senior Funding Corporation 7700 W. Parmer Lane, Bldg. D, Austin, TX 78729 Phone Number: (800) 441-4428. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
OneWest Bank, FSB
as Attorney in Fact for
Helen Brigman Thomas
McCurdy & Candler, L.L.C.
The Baxley News Banner
Publication Dates:11-07-2012, 11-14-2012, 11-21-2012, 11-28-2012
File No. 12-07523
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
11-7, 11-14, 11-21 & 11-28ch
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