STATE OF GEORGIA COUNTY OF MITCHELL NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated August 15, 2007, executed by Virginia D. Wimberly to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Taylor, Bean & Whitaker Mortgage Corp., recorded in Deed Book 860, Page 023, Mitchell County, Georgia Deed Records, and securing a Note in the original principal amount of $79,200.00, said Security Deed last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in March, 2012, to-wit: March 6, 2012, during the legal hours of sale, before the Mitchell County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property: TRACT 1: All that tract or parcel of land lying and being in Land Lot No. 44 of the 9th Land District of Mitchell County, Georgia, being more particularly described as follows: Commencing at the intersection of the southern right of way margin of the Pleasant Grove Road and the eastern right of way margin of the Indian Camp Road, proceed south 00 degrees 24 minutes west a distance of 625.6 feet to an iron pin set, and with this iron pin as the point of beginning, continue south 00 degrees 24 minutes west along the eastern right of way margin of the Indian Camp Road a distance of 104.27 feet to a point, thence proceed south 89 degrees 47 minutes east a distance of 522.28 feet to a point; thence proceed north 00 degrees25 minutes east a distance of 1 04.27feet to a point; thence proceed north 89 degrees 47 minutes west a distance of 522.30 feet to an iron pin set on the eastern right of way margin of the Indian Camp Road, the same being the point of beginning of the tract herein described. The tract herein described containing 1.25 acres, more or less, and being the north one-.half of Sublot No. 40, according to plat of survey for O. L. Aired dated February 2, 1982, and being more particularly shown and delineated on that certain plat of survey prepared by Leroy R. Hall, Mitchell County Land Surveyor, dated October 3, 1984, recorded in Plat Book 18, page 2, Office of the Clerk of Superior Court of Mitchell County, Georgia, said plat and description thereon being incorporated by reference herein and made a part hereof. TRACT 2: All that tract or parcel of land lying and being in Land Lot No. 44 of the 9th Land District of Mitchell County, Georgia, being more particularly described as Sublot 38 as shown on that plat of survey prepared by Paul H. Johnson, Jr., Georgia Registered land Surveyor No. 2091, dated February 2, 1982, and recorded in Plat Book 16, page 110, Office of the Clerk of Superior Court of Mitchell County, Georgia, said plat and the description thereon being incorporated by reference herein and made a part hereof. This being the identical property conveyed to Virginia D. Wimberly by deed dated May 25, 2007, recorded in Deed Book 851, page 205, Office of the Clerk of Superior Court of Mitchell County, Georgia. The aforedescribed real property is also known as 9978 Indian Camp Road, Albany, GA 31705, according to the present system of numbering houses in Mitchell County, Georgia. This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale. Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Upon information and belief, said real property is presently in the possession or control of VIRGINIA D. WIMBERLY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law. OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for VIRGINIA D. WIMBERLY David W. Adams, Esquire, Ellis, Painter, Ratterree & Adams LLP, 2 East Bryan Street, Suite 1001, Savannah, Georgia 31401 (912) 233-9700 THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
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