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NOTICE OF SALE UNDER POWER GEORGIA, RICHMOND COUNTY THIS IS AN ATTEMPT 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 James A Smith to Mortgage Electronic Registration Systems, Inc. as nominee for Georgia Bank & Trust Company of Augusta, its successors and assigns, dated September 30, 2008, recorded in Deed Book 1194, Page 857, Richmond County, Georgia Records, as last transferred to Branch Banking and Trust Company by assignment recorded in Deed Book 1246, Page 688, Richmond County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-THREE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($143,900.00), 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 Richmond County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in December, 2015, 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. Branch Banking and Trust Company is the holder of the Security Deed to the property in accordance with OCGA 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street , PVN #101729, Greenville, SC 29601 800-827-3722. To the best knowledge and belief of the undersigned, the party in possession of the property is James A Smith or a tenant or tenants and said property is more commonly known as 4709 Weldon Adams Drive, Hephzibah, Georgia 30815. 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. Branch Banking and Trust Company as Attorney in Fact for James A Smith McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net EXHIBIT "A" All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the County of Richmond, State of Georgia, being shown and designated as Lot 23, Block D, Section One, Phase Two, Manchester Subdivision and shown on a plat by Southern Partners, Inc., dated September 5, 2006, revised September 6, 2007, recorded in PC-D, Slide 24 Plat G, in the Office of the Clerk of Superior Court for Richmond County, Georgia. Reference is hereby made to said plat for a more complete and accurate description as to metes, bounds and location of said property. Said property is conveyed subject to a declaration of rights, restrictions, affirmative obligations and conditions applicable to the Manchester Subdivision recorded in said Clerk's Office in Deed Book 1077, Pages 2530-2548, as amended on January 30, 2007, and recorded in Deed Book 1103, Pages 382-384 and second amendment dated August 17, 2007, and recorded in Deed Book 1142, Pages 1054-1055. Tax Map and Parcel No.: 166-1-015-00-0 Derivation: Book 1183, Page 1651 Real property commonly known as 4709 Weldon Adams Drive., Hephzibah, GA, 30815. The right, if any, of The United States of America to redeem said land within 120 days from the date of the foreclosure sale held on December 1, 2015, as provided for by the Federal Tax Lien Act of 1966 (Public Law 89-719). MR/ 12/1/15 Our file no. 52770709 - FT1 November 5, 12, 19, 26, 2015 Ad #16750654
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