NOTICE OF SALE UNDER POWER S...

NOTICE OF SALE
UNDER POWER

STATE OF GEORGIA COUNTY OF COWETA Because of a default under the terms of the Security Deed executed by Marilyn F. Smith to Mortgage Electronic Registration Systems, Inc. as nominee for Irwin Mortgage Corporation, its successors and assign dated February 19, 2004, and recorded in Deed Book 2435, Page 44, Coweta County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank, securing a Note in the original principal amount of $113,299.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Wednesday, July 5, 2017, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 123 OF THE 5TH DISTRICT OF COWETA COUNTY, GEORGIA AND BEING LOT 107 OF WINDSOR ESTATES, AS PER PLAT RECORDED IN PLAT BOOK 13, PAGE 13, COWETA COUNTY, GEORGIA RECORDS; WHICH PLAT IS HEREBY INCORPORATED HEREIN AND BY REFERENCE MADE A PART HEREOF. Said property is known as 17 Windsor Road, Newnan, GA 30263, together with all fixtures and personal property attached to and constituting a part of said property, if any. 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 proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law. 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 secured creditor. The property is or may be in the possession of Marilyn F. Smith and Kathryn Mischka Cibulsky As Administrator for the Estate of Marilyn F. Smith, successor in interest or tenant(s). TIAA, FSB d/b/a EverBank as Attorney-in-Fact for Marilyn F. Smith File no. 17-064856 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 211 Perimeter Center Parkway, N.E., Suite 300 Atlanta, GA 30346 770-220-2535/SJ shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06/08, 06/15, 06/22, 06/29, 2017 [FC-NOS]
No.66837-6-8-15-22-29