10-112142 5849112 Martin

10/11.18.25;11/1

NOTICE OF SALE UNDER POWER GEORGIA, CARROLL COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Scott Martin and Angie Martin to Raintree Mortgage Services Inc, dated September 12, 2001, recorded in Deed Book 1620, Page 340, Carroll County, Georgia Records and as modified by that certain Loan Modification Agreement recorded in Deed Book 4179, Page 331, Carroll County, Georgia Records, as last transferred to Midfirst Bank by assignment recorded in Deed Book 5147, Page 123, Carroll County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND ONE HUNDRED THIRTY-NINE AND 0/100 DOLLARS ($104,139.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Carroll County, Georgia within the legal hours of sale on the first Tuesday in November, 2012, the following described property: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed 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 Security Deed. 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 Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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 entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Midland Mortgage, a division of MidFirst Bank, 999 N.W. Grand Boulevard Suite 100, Oklahoma City, OK 73118-6116, 800-654-4566. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Scott Martin and Angie Martin or a tenant or tenants and said property is more commonly known as 1068 Little Vine Church Rd, Villa Rica, Georgia 30180. 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. This law firm is seeking solely to foreclose the creditor’s lien on real estate and this law firm will not be seeking a personal money judgment against you. Midfirst Bank as Attorney in Fact for Scott Martin and Angie Martin McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/pvm 11/6/12 Our file no. 5849112-FT17 EXHIBIT “A” All that tract or parcel of land lying and being in Land Lot No. 235 of the 3rd District and 5th Section of Carroll County, Georgia, and being more particularly described as follows, to wit: To find the point of beginning, begin at the point where the north original Land Lot Line of Land Lot No. 235 said district and section intersects the western right of way line Little Vine Church Road (said road having a 30 foot right of way) thence from said point run along the western right of way line of Little Vine Church Road south 16 degrees 50 minutes 20 seconds west a distance of 192.17 feet; thence leaving the western right of way line of Little Vine Church Road run south 89 degrees 03 minutes 52 seconds west a distance of 453.58 feet; thence run south 02 degrees 50 minutes 12 seconds west a distance of 53.41 feet; to the point of beginning; thence from said point of beginning run south 02 degrees 50 minutes 12 seconds west a distance of 256.55 feet; thence run south 86 degrees 11 minutes 50 seconds west a distance of 87.07 feet; thence run north 36 degrees 02 minutes 05 seconds west a distance of 172.33 feet; thence run north 05 degrees 05 minutes 05 seconds east a distance of 132.55 feet; thence run south 87 degrees 09 minutes 48 seconds east a distance of 189.43 feet to the point of beginning. The above described tract of land containing 1.006 acres, more or less, and being identified as Tract E on a plat to which reference is hereinafter made. The above description is made in accordance with a plat prepared for Jack Brooks by William E. High, Georgia Registered Land Surveyor Number 2124, dated 5-18-95, and revised 6-27-97, a copy of which plat is recorded in Plat Book 62, page 27, in the Office of the Clerk of the Superior Court of Carroll County, Georgia, and which plat in by leave of reference incorporated into and made a part of this description. MR/pvm 11/6/12 Our file no. 5849112 - FT17