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Updated: 9:10 a.m. Friday, Nov. 17, 2006 | Posted: 9:10 a.m. Friday, Nov. 17, 2006
STATE OF GEORGIA COUNTY OF FULTON NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated April 28, 2003, executed by WHITNEY E. HOUSTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for WACHOVIA MORTGAGE CORPORATION, recorded in Deed Book 34852, Page 295, Fulton County, Georgia Deed Records, and securing a Note in the original principal amount of $1,100,000.00, said Security Deed and Note having been last assigned to Wachovia Mortgage Corporation, 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 November, 2006, to-wit: November 7, 2006, during the legal hours of sale, before the Fulton County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property: All that tract or parcel of land lying and being in Land Lot 71 of the 1st District, 1st Section of Fulton County, Georgia, being Lot 12, Block "B", POD "Z", Unit 2, Phase A of the Country Club of The South Subdivision, as per plat recorded in Plat Book 188, Page 68, Fulton County, Georgia Records, which plat is by reference incorporated herein. The aforedescribed real property is known as 1014 Tullamore Place, Alpharetta, Georgia, according to the present system of numbering houses in Fulton 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 Whitney E. HOUSTON 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. WACHOVIA MORTGAGE CORPORATION as Attorney-in-Fact for WHITNEY E. HOUSTON David W. Adams, Esquire Ellis, Painter, Ratterree & Adams LLP 2 East Bryan Street, Suite 1001 Savannah, Georgia 31401 THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.#730772:10/12-4sh
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