Notice Content
Notice of SALE UNDER POWER
State of Georgia, Ben Hill County.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ANESE EDWARDS to BANK OF AMERICA, NA , dated 12/15/2007, and Recorded on 01/15/2008 as Book No. 688 and Page No. 304, BEN HILL County, Georgia records, as last assigned to BANK OF AMERICA, N.A. (the Secured Creditor), by assignment, conveying the afterdescribed property to secure a Note of even date in the original principal amount of $55,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BEN HILL County Courthouse within the legal hours of sale on the first Tuesday in February, 2016, the following described property:
THE FOLLOWING REAL PROPERTY SITUATE IN COUNTY OF HILL AND STATE OF GEORGIA DESCRIBED AS FOLLOWS:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF FITZGERALD, BEN HILL COUNTY, GEORGIA, AND IN LAND LOT NO. 280 IN THE FOURTH LAND DISTRICT OF BEN HILL COUNTY,
GEORGIA, CONTAINING 0.24 ACRES, MORE PARTICULARLY DESCRIBED ACCORDING TO SURVEY PREPARED FOR O.D. NETTER, JR. BY STATEWIDE SURVEYING COMPANY, DATED
DECEMBER 8, 1992, RECORDED IN PLAT SLIDE NUMBER 363 (NOW PLAT SLIDE NUMBER 601), IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF BEN HILL COUNTY,
GEORGIA, AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE INTERSECTION OF THE RIGHTSOFWAY OF TAYLOR CIRCLE AND GROVE AVENUE, THENCE NORTH 41 DEGREES 37 MINUTES 30 SECONDS EAST A DISTANCE OF 78.25 FEET TO A POINT LOCATED ON THE NORTH BOUNDARY LINE OF THE RIGHTOFWAY OF GROVE AVENUE, AND THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 18 MINUTES 00 SECONDS EAST A DISTANCE OF 100.04 FEET TO THE SOUTH BOUNDARY LINE OF THE RIGHT OF WAY OF 20 FOOT BUFFER; THENCE SOUTH 84 DEGREES 55 MINUTES 33 SECONDS EAST ALONG THE SOUTH BOUNDARY LINE OF THE RIGHTSOFWAY OF SAID 20 FOOT BUFFER A DISTANCE OF 110.29 FEET; THENCE SOUTH 01 DEGREES 19 MINUTES 57 SECONDS
WEST A DISTANCE OF 92.78 FEET TO THE NORTH BOUNDARY LINE OF THE RIGHTSOFWAY OF GROVE AVENUE; THENCE NORTH 88 DEGREES 42 MINUTES 00 SECONDS WEST ALONG BOUNDARY LINE OF SAID RIGHT OF WAY OF GROVE AVENUE A DISTANCE OF 110.0 FEET TO THE POINT OF BEGINNING.
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. Because the debt remains 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). BANK OF AMERICA, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, acting on behalf of and, as necessary, in consultation with BANK OF AMERICA, N.A. (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. § 4414162.2, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP may be contacted at: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, 7105 CORPORATE DRIVE, PLANO, TX 75024, 8006696650. Please note that, pursuant to O.C.G.A. § 4414162.2, the secured creditor is not required to amend or modify the terms of the loan.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 174 GROVE AVENUE, FITZGERALD, GEORGIA 31750 is/are: ANESE EDWARDS or tenant/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; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A.
Section 913172.1, 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. BANK OF AMERICA, N.A. as Attorney in Fact for ANESE EDWARDS.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000004697199
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor, Boulevard, Addison, Texas 75001, Telephone: (972) 3415398. (1/6,13,20,27)
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