Notice Content
NOTICE OF SALE UNDER POWER
State of Georgia, County of Ben Hill
Because of a default under the terms of the Security Deed executed by Emma Shavers Rose and Earl Anthony Rose to Mortgage Electronic Registration Systems, Inc. as nominee for First Service Mortgage Inc., and its successors
and assigns dated January 5, 2006, and recorded in Deed Book 618, Page 311, Ben Hill County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Green Tree Servicing LLC, securing a Note in
the original principal amount of $111,057.00, 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, September 6, 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:
1.00 ACRE, MORE OR LESS, IN LAND LOT NO. 287 IN THE FOURTH LAND DISTRICT OF BEN HILL COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO LOCATE THE POINT OF BEGINNING, START AT THE POINT OF INTERSECTION OF THE EAST LINE OF SAID LAND LOT WITH THE NORTH MARGIN OF THE RIGHT OF WAY OF OTTER CREEK ROAD AND RUN THENCE NORTH 75 DEGREES 00 MINUTES 46 SECONDS WEST
1495.41 FEET TO THE POINT THAT SHALL BE REFERRED TO AS THE POINT OF BEGINNING; RUNNING THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTH MAR-
GIN OF THE RIGHT OF WAY OF OTTER CREEK ROAD NORTH 73 DEGREES 30 MINUTES 00 SECONDS WEST 264.26 FEET; THENCE NORTH 11 DEGREES 58 MINUTES 45 SECONDS EAST 166.90 FEET; THENCE SOUTH 72 DEGREES 49 MINUTES 54 SECONDS EAST 264.52 FEET;
THENCE SOUTH 11 DEGREES 58 MINUTES 45 SECONDS WEST 163.80 FEET TO THE POINT OF BEGINNING; ALL AS SHOWN ON THAT CERTAIN PLAT OF SURVEY PREPARED FOR EMMA ROSE AND EARL ROSE BY T.W. ASH, GEORGIA REGISTERED LAND SURVEYOR NO. 2096, DATE, MAY 20, 2005, AND RECORDED IN PLAT SLIDE NO. 670-J1, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF BEN HILL COUNTY, GEORGIA.
Said property is known as 475 Otter Creek Road, Fitzgerald, GA 31750, 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 of Emma Shavers Rose, a/k/a Emma Rose and Earl Anthony Rose, a/k/a Earl Rose, successor in interest or tenant(s). Ditech Financial LLC F/K/A Green Tree Servicing LLC as Attorney-in-Fact for Emma Shavers Rose and Earl Anthony Rose
File no. 09-020539, Shapiro Pendergast & Hasty, LLP, Attorneys and Counselors at Law, 211 Perimeter Center Parkway, Suite 300, Atlanta, GA 30346, 770-220-2535/SJ, shapiroandhasty.com
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (8/10,17,24,31)
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