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NOTICE OF SALE UNDER POWER, State of Georgia, County of Ben Hill
By virtue of the power of sale contained in that certain Deed to Secure Debt from DARYL A. WHITE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
AS NOMINEE FOR HOMESTAR FINANCIAL CORP. dated January 17, 2014, filed for record January 24, 2014, and recorded in Deed Book 838, Page 231, BEN HILL
County, Georgia Records, as last transferred to FIRST GUARANTY MORTGAGE CORPORATION by assignment recorded in Deed Book 874, Page 313, BEN HILL County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated January 17, 2014 in the original principal sum of
ONE HUNDRED THIRTY THOUSAND AND 0/100 DOLLARS ($130,000.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at BEN HILL County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in September,
2015, the following described property:
ALL OF LOT NO. 10 IN ROANOKE ACRES SUBDIVISION NO. 7 IN LAND LOT NUMBER 118 IN THE THIRD LAND DISTRICT OF BEN HILL COUNTY, GEORGIA, AS SHOWN BY
THE PLAT OF SAID SUBDIVISION DATED JUNE 23, 1964, AND RECORDED JUNE 27, 1964, IN PLAT BOOK 5, PAGE 2 [NOW PLAT SLIDE NUMBER 491], IN THE OFFICE OF
THE CLERK OF THE SUPERIOR COURT OF BEN HILL COUNTY, GEORGIA AND SAID PLAT IS HEREBY MADE A PART HEREOF BY REFERENCE THERETO. SAID PROPERTY HAS A FRONTAGE ON THAT CERTAIN PUBLIC ROAD KNOWN AS SHADY LANE OF 175.6 FEET, AND IS SUBJECT TO A POWER LINE EASEMENT ACROSS THE SOUTH 7-1/2 FEET OF SAID PROPERTY.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is DARYL A. WHITE or a tenant or tenants. Said property may more commonly be known as: 128 SHADY LN, 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, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees (notice of intent to collect attorney's fees having been given).
The individual or entity that has full authority to negotiate, amend, and
modify all terms of the loan is ROUNDPOINT MORTGAGE SERVICING CORPORATION, 5016 PARKWAY PLAZA BLVD, CHARLOTTE, NC 28217; (877) 426-8805.
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 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 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 para-graph.
FIRST GUARANTY MORTGAGE CORPORATION, As Attorney-in-Fact for Daryl A. White
Phelan Hallinan Diamond & Jones, PLLC, 11675 Great Oaks Way, Suite 375, Alpharetta, GA 30022, Telephone: 770-393-4300, Fax: 770-393-4310, PH # 24670
This law firm is acting as a debt collector. Any information obtained will
be used for that purpose. (8/5,12,19,26)
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