Notice Content
NOTICE OF SALE UNDER POWER
Georgia, Ben Hill County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Fast Properties, LLC to Visio Financial Services, Inc., dated February 3, 2015, and recorded in Deed Book 862, Page 263, Ben Hill County, Georgia records, as last transferred back to Visio Financial Services, Inc. by Assignment recorded in Deed Book 895, Page 90, Ben Hill County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $20,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Ben Hill County, Georgia, within the legal hours of sale on the first Tuesday in December, 2016, to wit: December 6, 2016, the following described property:
All that Tract Number 4 in Pineland Acres Subdivision in Land Lot 294 in the 4th Land District of Ben Hill County, Georgia, as shown by plat of survey of said subdivision prepared by James D. Weeks, Georgia Registered Land Surveyor, dated July 19, 1982, and recorded in Plat Slide Number 282 (now Plat Slide Number 560), in the office of the Clerk of Superior Court of Ben Hill County, Georgia, and said plat by reference thereto is hereby made a
part of this description.
The address of said property is 129 Crooked Road, Fitzgerald, GA 31750
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. The debt remaining 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).
Said property is commonly known as 129 Crooked Road, Fitzgerald, GA 31750, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned,
the party (or parties) in possession of the subject property is (are): Fast Properties, LLC or tenant or 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.
Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is:
ClearSpring Loan Services
18451 N. Dallas Parkway, Suite
100, Dallas, TX 75287
www.ClearSpringLS.com
866-660-5204 Phone
866-560-6458 Fax
The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being
Visio Financial Services, Inc.
as attorney in fact for
Fast Properties, LLC
Richard B. Maner, P.C.
5775 Glenridge Drive
Bldg D, Ste 100, Atlanta, GA
30328, (404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(11/9,16,23,30)
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