NOTICE OF SALE UNDER POWER GEORGIA, SPALDING COUNTY By virtue of a Power of Sale contained in that certain Security Deed from MELINDA SMITH AND NELSON TYRONE SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FREEDOM MORTGAGE CORPORATION, dated May 22, 2009, recorded May 29, 2009, in Deed Book 3363, Page 53, as modified by Loan Modification Agreement recorded at book 3575, page 105, Spalding County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Thirty-Eight Thousand Forty and 00/100 dollars ($138,040.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to FREEDOM MORTGAGE CORPORATION, secured creditor, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Spalding County, Georgia, within the legal hours of sale on the first Tuesday in March, 2013, all property described in said Security Deed including but not limited to the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 204 OF THE 2ND DISTRICT, SPALDING COUNTY, GEORGIA, BEING LOT 4, PHASE ONE OF AUTUMN RIDGE SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 665-666, SPALDING COUNTY, GEORGIA RECORDS, WHICH RECORDED PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION. Said legal description being controlling, however the property is more commonly known as 207 AUTUMN RIDGE DR, GRIFFIN, GA 30224. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named creditor or the undersigned. The sale will also be subject to the following items which may affect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is MELINDA SMITH AND NELSON TYRONE SMITH, or tenants(s). 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. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Loancare A Division of FNF Servicing Inc., Loss Mitigation Dept., 3637 Sentara Way, Virginia Beach, VA 23452, Telephone Number: 757-309-4257 for and on behalf of the secured creditor. FREEDOM MORTGAGE CORPORATION as Attorney in Fact for MELINDA SMITH AND NELSON TYRONE SMITH THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lublin, LLC, 3740 Davinci Court, Suite 150, Peachtree Corners, GA 30092 Telephone Number: (877) 813-0992 Case No. LNC-13-00289-0001 www.rubinlublin.com/property-listings.php
February 8, 15, 22, & March 1, 2013.