By virtue of the power of sale contained in a Deed to Secure Debt by Charmaine W. Cole and Michael Cole to Ameriquest Mortgage Company, dated November 23, 2004 and filed for record December 20, 2004 in Deed Book 398, Page 604, Appling County, Georgia records, as supplemented by that certain Final Order recorded May 11, 2012 in Deed Book 487, page 674 Appling County, Georgia records, and securing a Note in the original principal amount of $68,900.00; last transferred to CitiFinancial Mortgage Company, Inc. by Assignment, filed for record in Deed Book 402, Page 604, Appling County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Appling County, Georgia, between the legal hours of sale on the first Tuesday in August, 2012, by CitiMortgage, Inc. Successor by Merger with CitiFinancial Mortgage Company, Inc. as Attorney-in-Fact for Charmaine W. Cole and Michael Cole the following property to-wit:
ALL THAT CERTAIN tract or parcel of land lying, being and situate in Land Lot 428, Second Land District, Appling County, Georgia, consisting of 1.57 acres, more or less, said property is bounded, now or formerly, as follows: On the northwest by property of Gwinette M. White; on the northeast by the western right-of-way of U.S. Highway #1, also known as Hatch Parkway North; on the southeast by property of Gwinette M. White; and on the southwest by the eastern right-of-way of Tulip Drive. A more particular description being shown on a plat dated January 2, 2002, made by Merlin J. Tomberlin, R.L.S. 2477. LESS AND EXCEPT: All that certain tract or parcel of land lying, being and situate in Land Lot 428, Second Land District, Appling County, Georgia, consisting of 0.617 acre, more or less, being more particularly described according to that certain plat of survey prepared by Merlin J. Tomberlin, R.L.S. 2477, dated April 15, 2003, recorded in the Office of the Clerk of Superior Court of Appling, Georgia, in Deed Book 383, Page 473, which plat is incorporated herein for a more full and complete description and all other purposes.
The above-described property is also known as 3685 Hatch Parkway North, Baxley, GA 31513.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney's fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
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:
5280 Corporate Drive
Attn: Default Mail Services
Frederick, MD 21703
Phone: HAT Program: 866-272-4749
Fax: 866-989-2089 or 866-989-2088
The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require CitiMortgage, Inc., to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
CitiMortgage, Inc. Successor by Merger with CitiFinancial Mortgage Company, Inc.
as Attorney-in-Fact for Charmaine W. Cole and Michael Cole
SHUPING, MORSE & ROSS, L.L.P.
By: S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, GA 30274
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Publication dates: 07/11/2012, 07/18/2012, 07/25/2012 & 08/01/2012.