Notice of Sale Under Power...
Date Listed: July 8
Newspaper ID #2549130
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Notice of Sale Under Power Georgia, Muscogee County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Gene Pepper and Delia Pepper to Bayrock Mortgage Corp., dated October 18, 2004, and recorded in Deed Book 7639, Page 248, Muscogee County, Georgia records, as last transferred to US Bank, National Association, as Trustee, successor in interest to Bank of America, NA, as Trustee, sbm LaSalle Bank, NA, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2005-HE1 by Assignment recorded in Deed Book 10947, Page 56, Muscogee County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $106,400.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Muscogee County, Georgia, within the legal hours of sale on the first Tuesday in August, 2014, to wit: August 5, 2014, the following described property: All that lot, tract and parcel of land situate, lying and being in Columbus, Muscogee County, Georgia, being known and designated as all of Lot Numbered Fifty-four (54) in Block Lettered "D", Section Four, Regency Park, as said lot is shown upon a map or plat of said subdivision, dated October 6, 1972, made by Moon, Meeks & Patrick, Inc., Civil Engineers and recorded in Plat Book 52, Folio 82-A, in the Office of the Clerk of the Superior Court of Muscogee County, Georgia, to which reference is made for the particular location and dimensions of said lot. Located upon said lot is dwelling numbered 2 Skylake Court, according to the present system of numbering dwellings in Columbus, Georgia. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. 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 the Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property is commonly known as 2 Skylake Court, Columbus, GA 31907, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Gene Pepper and Delia Pepper or tenant or tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) 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 nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Select Portfolio Servicing, Inc. Attention: Loss Mitigation Department 3815 South West Temple Salt Lake City, Utah 84115 1-888-818-6032 The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being US Bank, National Association, as Trustee, successor in interest to Bank of America, NA, as Trustee, sbm LaSalle Bank, NA, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2005-HE1 as attorney in fact for Gene Pepper and Delia Pepper Richard B. Maner, P.C. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FC14-118 Pub:July8,15,22&29,2014(2549130)
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