Under and by virtue of the Power of Sale contained in a Security Deed given by Michael Mosley to Bank of America, N.A., dated March 18, 2008, recorded in Deed Book 443, Page 70, 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 NINETY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($94,500.00), 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 282 Ricardo Street, 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 Mosley
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
Our file no. 5108312-FT15
EXHIBIT A All that tract or parcel of land lying and being in Land Lot No. 284 of the Second Land District of Appling County, Georgia, consisting of 0.436 acre, more or less, being Lot 107 and the Western half of Lot 106, Block 6, Weatherly Park Subdivision, and being more particularly describe as follows: Beginning at the point of intersection of the Northern right-of-way of Ricardo Street with the Eastern right-of-way of Cypress Drive; thence North 00 degrees 11 minutes 20 seconds West along and with the Eastern right-of-way of Cypress Drive 144.65 feet to a point; thence North 89 degrees 56 minutes East a distance of 131.1 feet to a point; thence South 00 degrees 11 minutes 20 seconds East a distance of 145.09 feet to a point on the Northern right-of-way of Ricardo Street; thence along and with the Northern right-of-way of Ricardo Street North 89 degrees 52 minutes 20 seconds West a distance of 131.10 feet to the point of beginning. For a more particular description reference is hereby made to a survey and plat thereof prepared by Denean W. Dixon, G.R.L.S. No. 1647, dated December 28, 1996, recorded in Plat Book 14, page 209, 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. This being the same identical property conveyed from Kelvin Skinner, et. al. to Lana L. Morris by deed dated January 28, 1997, recorded in Deed Book 299, Page 446 of the records of the Clerk of Superior Court of Appling County, Georgia. Less and except: All that tract or parcel of land lying and being in Land Lot No. 284 of the Second Land District of Appling County, Georgia, conveyed from Lana L. Morris to the City of Baxley, Georgia, by Right of Way Deed dated May 3, 2002, recorded in Deed Book 366, Page 470, of the records of the Clerk of Superior Court of Appling County, Georgia.
Our file no. 5108312 - 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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