Notice Content
Legal John and Patricia Welch
A-10-05-16
Notice of Sale
Under Power
to Secure Debt
State of Georgia
County of Marion
On the 14th day of August 2007, JOHN W. WELCH, JR. and PATRICIA L. WELCH, ("Welch") executed a Deed to Secure Debt (Deed) for $273,754.80 payable to Jim Walter Homes, Inc., conveying property described in Exhibit "A", and recorded in the Office of the Clerk of Superior Court of Marion County, Georgia, in Deed Book 176, pages 200-205, and a Promissory Note (Note) dated August 14, 2007. Said Note and Deed were subsequently assigned to The Bank of New York Mellon, f/k/a The Bank of New York, as trustee for Mid-State Capital Corporation 2010-1 Trust, by Ditech Financial LLC, as servicer with delegated authority, by assignment dated August 31, 2016, and recorded in aforesaid Clerks Office.
Default has been made in the installment payments due for March 2016 and all payments subsequent thereto. The Bank of New York Mellon, f/k/a The Bank of New York, as trustee for Mid-State Capital Corporation 2010-1 Trust, by Ditech Financial LLC, as servicer with delegated authority, declared the entire unpaid indebtedness due and payable in 1\accordance with the terms of said Note, and the same has not been paid.
The Deed provides that when the Note secured thereby becomes due and is not paid, that said property may be sold before the Courthouse door of Marion County, Georgia, upon The Bank of New York Mellon, f/k/a The Bank of New York, as trustee for Mid-State Capital Corporation 2010-1 Trust, by Ditech Financial LLC, as servicer with delegated authority, 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 Marion County, Georgia, at public outcry on the first Tuesday in November 2016, between the legal hours of sale.
The Bank of New York Mellon, f/k/a The Bank of New York, as trustee for Mid-State Capital Corporation 2010-1 Trust, by Ditech Financial LLC, as servicer with delegated authority, will convey title to the purchaser as attorney-in-fact for Welch. 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 Welch.
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.
THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR MID-STATE CAPITAL CORPORATION 2010-1 TRUST, BY DITECH FINANCIAL LLC, AS SERVICER WITH DELEGATED AUTHORITY AS ATTORNEY-IN-FACT FOR JOHN W. WELCH, JR. AND PATRICIA L. WELCH
DUNSTAN, CLEARY & WEST, LLP
1223 George C. Wilson Drive
Augusta, Georgia 30909
(706) 860-9995
State Bar No. 129754
EXHIBIT "A"
COMMENCING AT THE INTERSECTION OF IRE SOUTH LINE OF LAND LOT 65, 31ST LAND DISTRICT AND THE EASTERLY RIGHT OF WAY OF GEORGIA HIGHWAY NO. 41; THENCE NORTH 17 DEGREES 35' 55" EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 249.82 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE ALONG SAID RIGHT OF WAY NORTH 17 DEGREES 35' 55" EAST A DISTANCE OF 250.00 FEET TO A 3/4" OPEN TOP PIPE; THENCE LEAVING SAID RIGHT OF WAY SOUTH 89 DEGREES 10' 55" EAST A DISTANCE OF 745.00 FEET; THENCE SOUTH 16 DEGREES 23' 32" WEST A DISTANCE OF 355.93 FEET; THENCE NORTH 81 DEGREES 01' 10" WEST A DISTANCE OF 729.00 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINING 5.000 ACRES, MORE OR LESS, AND BEING A PART OF PARCEL 2, AS SHOWN UPON A PLAT ENTITLED "CHARLEY SUE PETTY" AS RECORDED IN PLAT BOOK 1, PAGE 5, LOCATED IN LAND LOT 65, 31ST LAND DISTRICT, MARION COUNTY, GEORGIA.
Publish Dates: 10-5, 10-12, 10-19, 10-26-16
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