2-7206 AFC12-1587 Baret

2/7.14.21.28

Notice of Sale Under Power Georgia, Carroll County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ERIC H BARET A/K/A ERIC HERVE BARET AND JEANNE VINCENT BARET A/K/A JEANNE VINCENT BARET to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS A NOMINEE FOR WMC MORTGAGE CORP., dated DECEMBER 17, 2004, and recorded in Deed Book 2966, Page 156, Carroll County, Georgia records, AS LAST TRANSFERRED TO U.S. BANK N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF MASTR ASSET BACKED SECURITIES TRUST, 2005-HE1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE1 BY ASSIGNMENT RECORDED IN CARROLL COUNTY, GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $264,000.00, with interest at the rate specified therein, there will be sold by the undersigned 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 March, 2013, to wit: March 05, 2013, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 128 OF THE 10TH DISTRICT, THE CITY OF CARROLLTON, CARROLL COUNTY, GEORGIA, FRONTIN ON THE WEST SIDE OF DIXIE STREET AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY NOW OR FORMERLY OWNED BY J. K. REDWINE AND RUNNING SOUTH ALONG DIXIE STREET 85 FEET TO THE PROPERTY NOW OR FORMERLY OWNED BY E. V. FOLDS; THENCE WEST 227 FEET TO AN IRON PIN CORNER; THENCE NORTH 85 FEET TO THE PROPERTY NOW OR FORMERLY OWNED BY J K. REDWINE; THENCE EAST 227 FEET ALONG SAID REDWINE PROPERTY TO THE POINT OF BEGINNING; KNOWN AS 31 DIXIE STREET; ON THE SOUTH BY PROPERTY NOW OR FORMERLY OWNED BY E. V. FOLDS; ON THE NORTH AND WEST BY PROPERTY NOW OR FORMERLY OWNED BY J. K. REDWINE; BEING THE SAME PROPERTY SET FORTH IN A WARRANTY DEED FROM MRS. E. V. FOLDS TO FRANK T. THOMASSON, DATED AUGUST 3, 1949, RECORDED IN DEED BOOK 86, PAGE 269, AFORESAID RECORDS. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. 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 the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property is commonly known as 209 DIXIE STREET, CARROLLTON, GA 30117, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): ERIC H BARET A/K/A ERIC HERVE BARET AND JEANNE VINCENT BARET A/K/A JEANNE VINCENT BARET or tenant or tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) 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. Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing, LLC Attention: Home Retention Department 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Facsimile: 1-407-737-5693 The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being U.S. BANK N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF MASTR ASSET BACKED SECURITIES TRUST, 2005-HE1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE1 as attorney in fact for ERIC H BARET A/K/A ERIC HERVE BARET AND JEANNE VINCENT BARET A/K/A JEANNE VINCENT BARET Richard B. Maner, P.C. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AFC12-1587