Marietta Daily Journal
Cobb County

Nov 01, 2013 | 146 views | email to a friend | print

F-4785 JANSEN, MARK & JULIANNE NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT COBB COUNTY, GEORGIA UNDER AND BY VIRTUE of the power of sale contained in that certain Security Deed dated April 27, 2007, given by Mark and Julianne Jansen ("Borrowers") to RBS Citizens, N.A. ("RBS"), successor in interest to Charter One Bank, N.A. ("Lender"), recorded on May 9, 2007, in Deed Book 14486 at page 3492, et seq., Cobb County, Georgia Records, and pursuant to the applicable provision of the Uniform Commercial Code, as enacted in Georgia, the undersigned will sell at public outcry, to the highest bidder for cash, before the courthouse door of Cobb County, Georgia, within the legal hours of sale on the first Tuesday in November, 2013, to wit, November 5, 2013, all of Borrower's right, title and interest in and to the following described to wit as: All that tract or parcel of land lying and being in Land Lot 89 of the 20th District, 2nd Section of Cobb County, Georgia, being lot 32, Palisades Being Legacy Park, Pod "J", Phase 11-B, as per plan recorded in Plat Book 171, Page 27, Cobb County, Georgia Records and being more commonly known as 4018 Palisades Main NW, Kennesaw, GA 30144, together with all fixtures and personal property attached to and constituting a part of said property, if any. The sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right or 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 Security 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. Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a). Said property will be sold as the property of Mark and Julianne Jansen and the proceeds of said sale will be applied to the payment of such indebtedness, the expense of said sale including reasonable attorneys' fees (notice of intent to collect attorneys' fees having been given pursuant to O.C.G.A. § 13-1-11), all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. RBS CITIZENS BANK, N.A., successor in interest to Charter One Bank, N.A. As Attorney-in-Fact for MARK and JULIANNE JANSEN John W. Mills, III, Esq. BARNES & THORNBURG LLP Prominence in Buckhead 3475 Piedmont Road N.E. Suite 1700 Atlanta, Georgia 30305-2954 (404) 846-1693 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10:11,18,25,11:1