Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 19, 2008, executed by Michael P. Mosley to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Countrywide Bank, FSB, recorded in Deed Book 450, Page 527, Appling County, Georgia Deed Records, and securing a Note in the original principal amount of $71,250.00, said Security Deed last having been assigned to Green Tree Servicing LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in August, 2013, to-wit: August 6, 2013, during the legal hours of sale, before the Appling County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land, lying and being in the Second Land District of Appling County, Georgia, in Lot of Land Number 284, consisting of .85 acres and being more particularly described as follows: Starting at the intersection of the eastern right-of-way of City Circle Road with the southern right-of-way of a road, known as project GR1-5493 (4); thence South 78°52’ East a distance of 709.81 feet to the Point of Beginning; thence South 18°27’40” East a distance of 177.00 feet; thence South 78°52’ West a distance 210.00 feet; thence North 18°27’40” West a distance of 177.00 feet; thence North 78°52’East a distance of 210.00 feet to the said Point of Beginning, all according to a survey and plat thereof by Merlin J. Tomberlin, Surveyor, dated May 22, 1978, and recorded in Plat Book 9A, page 63, Appling County, Georgia, deed records, and by reference incorporated herein for descriptive and all legal purposes.
Also, All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 0.015 acres of Land Lot No. 284, being bound now or formerly, as follows: North by lands of Dianne B. Buchans; East by Tract 3; South by Lost Lake; and West by Tract G, and being more particularly described as TRACT F according to a survey and plat thereof by Denean W. Dixon, G.R.L.S. No. 1647, dated 11-6-93, recorded in Plat Book 13, page 201, Appling County, Georgia, deed records, said plat incorporated herein by reference and made a part hereof for descriptive and all legal purposes.
The afore described real property is also known as 300 Lakeview Drive, Baxley, GA 31513, according to the present system of numbering houses in Appling County, Georgia.
This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Green Tree Servicing LLC, Attn: Loss Mitigation, 7360 S. Kyrene Road, Mail Stop P-214, Tempe, AZ 85283. The telephone number is (877) 337-4141. The fax number is (877) 265-9717.
Said real 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of MICHAEL P. MOSLEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
GREEN TREE SERVICING LLC
as Attorney-in-Fact for
MICHAEL P. MOSLEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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