NOTICE OF SALE
Georgia, Coweta County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by OLIVER DUNN JR, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC., dated JUNE 21, 2005, and recorded in Deed Book 2766, Page 850, Coweta County, Georgia records, AS LAST TRANSFERRED TO WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE5 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE5 BY ASSIGNMENT RECORDED BOOK 3641, PAGE 390 IN COWETA COUNTY IN GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $205,200.00, 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 Coweta County, Georgia, within the legal hours of sale on the first Tuesday in June, 2013, to wit: June 04, 2013, the following described property:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 134 AND 135 OF THE FIFTH LAND DISTRICT OF COWETA COUNTY, GEORGIA AND BEING IDENTIFIED AS TRACT 1, CONTAINING 5.00 ACRES, ACCORDING TO PLAT OF SURVEY FOR CELESTIAL ACRES, DATED APRIL 19, 1995, MADE BY JOHN R. CHRISTOPHER, R.L.S., AS RECORDED IN PLAT BOOK 60, PAGE 104, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF COWETA COUNTY, GEORGIA; TO WHICH PLAT REFERENCE IF HEREBY MADE FOR A MORE PARTICULAR AND ACCURATE DESCRIPTION OF THE PROPERTY CONVEYED HEREIN.
ALSO CONVEYED HEREIN IS A NON-EXCLUSIVE PERPETUAL EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS FROM THE ABOVE-DESCRIBED PROPERTY TO THE RIGHT OF WAY OF ROSCOE ROAD AND BEING DESIGNATED AS JOINT DRIVE ENTRANCE AND EASEMENT “A” DRIVE EASEMENT, AS SHOWN ON PLAT OF SURVEY FOR CELESTIAL ACRES, DATED APRIL 19, 1995, MADE BY JOHN R. CHRISTOPHER, R.L.S., RECORDED IN PLAT BOOK 60, PAGE 104, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF COWETA COUNTY, GEORGIA AND BEING FURTHER SHOWN ON PLAT OF SURVEY FOR DAVID M. LASHLEY AND KELLY H. LASHLEY, DATED APRIL 1, 1996, MADE BY JOHN R. CHRISTOPHER, R.L.S., RECORDED IN PLAT BOOK 62, PAGE 69, COWETA COUNTY RECORDS. REFERENCE TO SAID PLATS IS HEREBY MADE FOR A MORE PARTICULAR AND ACCURATE DESCRIPTION OF SAID EASEMENTS HEREIN CONVEYED. SAID EASEMENT BEING FURTHER DESCRIBED IN THE CERTAIN EASEMENT DOCUMENT RECORDED IN DEED BOOK 1264, PAGE 14, COWETA COUNTY RECORDS.
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 1413 ROSCOE ROAD, NEWNAN, GA 30263, 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): OLIVER DUNN JR, 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:
Ocwen Loan Servicing, LLC
Attention: Home Retention Department
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
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
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE5 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE5
as attorney in fact for
OLIVER DUNN JR,
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.