The Augusta Chronicle 

Publication Name:
The Augusta Chronicle

Publication URL:

Publication City and State:
Augusta, GA

Publication County:
Richmond

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201605111834204606964
3220054170

Notice URL:

Notice Publish Date:
Thursday, May 05, 2016

Notice Content

STATE OF GEORGIA COUNTY OF RICHMOND NOTICE OF SALE UNDER POWER Because of a default under the terms of the Security Deed executed by Yo O. Bailey to Loans By Summerville Inc. dated September 27, 1996, and recorded in Deed Book 536, Page 487, Richmond County Records, said Security Deed having been last sold, assigned, transferred and conveyed to U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation Mortgage Loan Trust 2006-RF3 by Assignment, securing a Note in the original principal amount of $34,800.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, June 7, 2016, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: ALL that certain condominium apartment property consisting of an apartment unit designated as a townhouse, located in a certain condominium development known as Winston Arms Condominiums in the 123rd D.G.M. of the State of Georgia, County of Richmond, which is more particularly shown and designated as APARTMENT NO. 2 in BUILDING Y, of PHASE II, SECTION III, of WINSTON ARMS CONDOMINIUMS as shown upon a certain plat thereof made for Kelly-Southern Construction Company by James G. Swift & Associates, Registered Professional Engineers, dated December 27, 1972, and revised August 2, 1973, and October 30, 1974, and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Reel 42, Pages 75-84, which has been constructed in accordance with the plans for Winston Arms Condominiums in Building Y, Prepared by Donald A. Kelly, Architect, dated March 23, 1972, revised September 18, 1972, and recorded in the aforesaid Clerk's Office in Realty Reel 42, Pages 735-774. Specific reference is made to said plat and plans as so recorded in the realty records of said Clerk's Office as well as separate files pertaining to each of the apartment buildings in said development, which are kept and maintained by the Clerk of said Court in accordance with the requirements of Section 85-1613 (b) of the Code of Georgia of 1933, as amended, for a more complete and accurate description of said property, its exact location, dimensions, metes, and bounds. Including all fixtures or similar items of personal property attached to or located within said apartment. The above described property is conveyed subject to all terms and conditions contained in a certain condominium declaration application to Winston Arms Condominiums dated December 27, 1972, and was filed for record on February 8, 1973, in said Clerk's Office in Realty Reel 16, Pages 102-145, as amended by another certain instrument promulgated by Kelly-Southern Construction Company dated August 23, 1973, andwas filed for record on August 28, 1973, in said Clerk's Office in Realty Reel 24, Pages 2244-2249, as further amended by a second amendment to said condominium declaration dated January 10, 1974, and filed for record on January 17, 1974, in said Clerk's Office in Realty Reel 30, Pages 1582-1586, as further amended by third amendment dated May 6, 1974, and filed for record on May 31, 1974, in said Clerk's Office in Realty Reel 36, Pages 400-403, as further amended by fourth amendment dated November 8, 1974, and filed for record on November 19, 1974, in said Clerk's Office in Realty Reel 42, Pages 775-790, and as further amended by fifth amendment dated August 27, 1975, and filed for record on September 12, 1975, in the Clerk's Office in Realty Reel 51, Pages 2475-2478, subjecting the entire property above referred to the provisions contained in Chapter 85-15(b) of the Code of Georgia of 1933, as amended, and also containing protective and restrictive covenants applicable to Winston Arms Condominium restricting the use and occupance thereof for single family residential purposes and also providing for the payment of assessments by the owners of such apartments for maintenance and upkeep of common areas. facilities and similar amenities, specific reference being made to said condominium declaration for a more complete and full understanding of the contents thereof. Said property is known as 2226 Winston Way, Augusta, GA 30906, together with all fixtures and personal property attached to and constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now 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 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 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. The property is or may be in the possession Yo O. Bailey, successor in interest or tenant(s). U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation Mortgage Loan Trust 2006-RF3 as Attorney-in-Fact for Yo O. Bailey File no. 16-059038 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 770-220-2535/KLM shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. APRIL 28, 2016 MAY 5,12,19,26, 2016 JUNE 2, 2016 AD#16885680