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Notice of Sale Under Power. State of Georgia, County of RICHMOND. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by EVELYN WILLIAMS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE FOR FREMONT INVESTMENT & LOAN, ITS SUCCESSORS AND ASSIGNS , dated 05/19/2005, and Recorded on 05/23/2005 as Book No. 00992 and Page No. 0089, RICHMOND County, Georgia records, as last assigned to HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005 HE5, ASSET BACKED PASS THROUGH CERTIFICATES (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $147,510.00, 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 RICHMOND County Courthouse within the legal hours of sale on the first Tuesday in November, 2016, the following described property: ALL THAT LOT, TRACT, OR PARCEL OF LAND, TOGETHER WITH IMPROVEMENTS THEREON, IF ANY, LYING, BEING, AND SITUATE IN THE STATE OF GEORGIA AND COUNTY OF RICHMOND, BEING KNOWN AND DESIGNATED AS LOT 186 OF BLOCK "B" PHASE II, SAND RIDGE ESTATES SUBDIVISION ON A PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA IN REALTY REEL 471, PAGES 1992 1997; REFERENCE BEING MADE TO SAID PLAT FOR A MORE COMPLETE AND ACCURATE DESCRIPTION AS TO METES, BOUNDS, COURSES, LOCATIONS AND DISTANCES OF SAID PROPERTY. SAID PROPERTY IS SUBJECT TO PROTECTIVE COVENANTS APPLICABLE TO SAID SUBDIVISION OF RECORD IN SAID CLERK'S OFFICE ON REALTY REEL 471, PAGES 1998 2004. TAX MAP & PARCEL # 139 0 439 00 0 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). HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005 HE5, ASSET BACKED PASS THROUGH CERTIFICATES holds the duly endorsed Note and is the current assignee of the Security Deed to the property. AMERICA'S SERVICING COMPANY, acting on behalf of and, as necessary, in consultation with HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005 HE5, ASSET BACKED PASS THROUGH CERTIFICATES (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. 44 14 162.2, AMERICA'S SERVICING COMPANY may be contacted at: AMERICA'S SERVICING COMPANY, 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 800 288 3212. Please note that, pursuant to O.C.G.A. 44 14 162.2, 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 2903 ARROWWOOD CIRCLE, HEPHZIBAH, GEORGIA 30815 is/are: EVELYN WILLIAMS 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 9 13 172.1, 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. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005 HE5, ASSET BACKED PASS THROUGH CERTIFICATES as Attorney in Fact for EVELYN WILLIAMS. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120134000251 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398. OCT 6, 13, 20, 27, 2016 AD#16999119
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