The Herald-Leader 

Publication Name:
The Herald-Leader

Publication URL:

Publication City and State:
Fitzgerald, GA

Publication County:
Ben Hill

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201610130210440231629
3220054595

Notice URL:

Notice Publish Date:
Wednesday, October 12, 2016

Notice Content

NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT State of Georgia County of Ben Hill THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. On the 31st day of July 1993, BOBBY DAVIS and STEPHANIE D. DAVIS, (“Davis”) executed a Promissory Note and Deed to Secure Debt for $115,440.00, payable to Jim Walter Homes, Inc., conveying property described in Exhibit "A" attached, and recorded in the Office of the Clerk of Superior Court of Ben Hill County, Georgia, in Deed Book 306, page 151, both of which were subsequently assigned to U. S. Bank, N.A., as trustee for Mid-State Trust IV, by Ditech Financial LLC, as servicer with delegated authority, ("US Bank") by assignment dated April 13, 2016, and recorded in aforesaid Clerk's Office. Said property was subsequently conveyed to RONNIE T. DAVIS and TERESA M. DAVIS, by a Survivorship Deed dated December 27, 1997, and recorded in aforesaid Clerk's Office in Deed Book 402, page 215. Default has been made in the payment of installments due for July 2015, and subsequent thereto. US Bank declared the entire unpaid indebtedness due and payable in accordance with the terms of said Promissory Note, and the same has not been paid. The Deed to Secure Debt provides that when the Promissory Note secured thereby becomes due and is not paid, that said property may be sold before the Courthouse door of Ben Hill County, Georgia, upon US Bank first giving notice of the place and terms of such sale (1) time a week for (4) weeks in the newspaper in which the Sheriff's advertisements are published, and where said property is located. NOW THEREFORE, pursuant to the powers contained therein, the property will be sold before the Courthouse door in Ben Hill County, Georgia, at public outcry on the first Tuesday in November 2016, between the legal hours of sale. US Bank will convey title to the purchaser as attorney-in-fact for Davis. The money derived from the sale will be applied: first to the expenses of said sale; secondly, to the amount due on said Note; and the balance, if any, shall be paid to Davis. TERMS: Cash, subject to State and County ad valorem taxes or assessment and any federal tax liens of record. Purchaser is to pay for all legal papers and revenue stamps. This 1st day of November 2016. U. S. Bank, N.A., as trustee for Mid-State Trust IV, by Ditech Financial LLC, as servicer with delegated authority, as attorney in fact for Bobby Davis and Stephanie D. Davis Dunstan, Cleary & West, LLP, 1223 George C. Wilson Drive, Augusta, Georgia 30909, 706-860-9995 State Bar No. 129754 EXhibit A ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN ORIGINAL LOT OF LAND NO. 279 IN THE 4TH LAND DISTRICT OF BEN HILL COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS LOT NUMBER 8 ON THAT CERTAIN PLAT OF SURVEY PREPARED BY T.W, ASH, GEORGIA, REGISTERED LAND SURVEYOR, DATED MAY 6, 1985; OF EASTERN HEIGHTS SUBDIVISION AND RECORDED IN THE OFFICE OF THE. CLERK OF THE SUPERIOR COURT OF BEN HILL COUNTY, GEORGIA, IN PLAT SLIDE NUMBER 296. (10/5,12,19,26)