NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY of MURRAY By virtue of the power of sale contained in that certain Deed to Secure Debt from STEVEN A. OOTEN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR WORTHINGTON FEDERAL BANK dated October 23, 2012, filed for record November 9, 2012, and recorded in Deed Book 773, Page 224, MURRAY County, Georgia Records, as last transferred to FRANKLIN AMERICAN MORTGAGE COMPANY by assignment recorded in Deed Book 871, Page 418, MURRAY County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated October 23, 2012 in the original principal sum of FIFTY SIX THOUSAND AND 0/100 DOLLARS ($56,000.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at MURRAY County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in March, 2018, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOTS NUMBERS NINETY-NINE (99) AND ONE HUNDRED EIGHTEEN (118) IN THE NINTH (9TH) DISTRICT AND THIRD (3RD) SECTION OF MURRAY COUNTY, GEORGIA, BEING KNOWN AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO PLAT OF SURVEY PREPARED BY DONALD O. BABB, GEORGIA REGISTERED LAND SURVEYOR NO. 2029 FOR JEFFERY L. RHINEHARDT, DATED OCTOBER 2, 1984 AND RECORDED IN PLAT BOOK 15, PAGE 53, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF MURRAY COUNTY, GEORGIA. FOR PRIOR TITLE, SEE DEED DATED SEPTEMBER 14, 2006 AND RECORDED ON SEPTEMBER 18, 2006 IN DEED BOOK 612, PAGE 728, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF MURRAY COUNTY, GEORGIA. THIS CONVEYANCE MADE SUBJECT TO THE FOLLOWING: ANY GOVERNMENTAL ZONING AND SUBDIVISION ORDINANCES IN EFFECT THEREON. ALL NOTES, STIPULATIONS, RESTRICTIONS, EASEMENTS, CONDITIONS, AND REGULATIONS AS SHOWN, DESCRIBED OR NOTED ON RECORDED PLAT. To the best of the knowledge and belief of the undersigned, the party in possession of the property is STEVEN A. OOTEN or a tenant or tenants. Said property may more commonly be known as: 2265 MOUNT CARMEL CHURCH ROAD, CHATSWORTH, GA 30705-6232. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is FRANKLIN AMERICAN MORTGAGE COMPANY, ATTN: LOAN SERVICING PO BOX 986, NEWARK, NJ 07184-0986; (877) 883-1073. Said property will be sold subject to 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, 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 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. 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. FRANKLIN AMERICAN MORTGAGE COMPANY As Attorney-in-Fact for STEVEN A. OOTEN Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 35434 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. (2/7,14,21,28/2018)
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