The Herald Leader
Benhill County

NOTICE OF SALE UNDER POWER
Jan 08, 2013 | 149 views | email to a friend | print

NOTICE OF SALE

UNDER POWER

Because of a default in the pay-

ment of the indebtedness secured

by a Security Deed executed by

Emma Shavers Rose and Earl An-

thony Rose to Mortgage Electronic

Registration Systems, Inc. as nomi-

nee for First Service Mortgage Inc.

and its successors and assigns

dated January 5, 2006, and re-

corded in Deed Book 618, Page

311, Ben Hill County Records, said

Security Deed having been last

sold, assigned, transferred and

conveyed to EverBank by Assign-

ment, securing a Note in the origi-

nal principal amount of

$111,057.00, the holder thereof

pursuant to said Deed and Note

thereby secured has declared the

entire amount of said indebtedness

due and payable and, pursuant to

the power of sale contained in said

Deed, will on the first Tuesday,

February 5, 2013, during the legal

hours of sale, before the Court-

house door in said County, sell at

public outcry to the highest bidder

for cash, the property described in

said Deed, to-wit:

1.00 ACRE, MORE OR LESS, IN LAND

LOT NO. 287 IN THE FOURTH LAND

DISTRICT OF BEN HILL COUNTY,

GEORGIA, AND BEING MORE PAR-

TICULARLY DESCRIBED AS FOL-

LOWS: TO LOCATE THE POINT OF

BEGINNING, START AT THE POINT

OF INTERSECTION OF THE EAST

LINE OF SAID LAND LOT WITH THE

NORTH MARGIN OF THE RIGHT OF

WAY OF OTTER CREEK ROAD AND

RUN THENCE NORTH 75 DEGREES

00 MINUTES 46 SECONDS WEST

1495.41 FEET TO THE POINT THAT

SHALL BE REFERRED TO AS THE

POINT OF BEGINNING; RUNNING

THENCE FROM SAID POINT OF BE-

GINNING ALONG THE NORTH MAR-

GIN OF THE RIGHT OF WAY OF OT-

TER CREEK ROAD NORTH 73 DE-

GREES 30 MINUTES 00 SECONDS

WEST 264.26 FEET; THENCE NORTH

11 DEGREES 58 MINUTES 45 SEC-

ONDS EAST 166.90 FEET; THENCE

SOUTH 72 DEGREES 49 MINUTES 54

SECONDS EAST 264.52 FEET;

THENCE SOUTH 11 DEGREES 58

MINUTES 45 SECONDS WEST 163.80

FEET TO THE POINT OF BEGINNING;

ALL AS SHOWN ON THAT CERTAIN

PLAT OF SURVEY PREPARED FOR

EMMA ROSE AND EARL ROSE BY

T.W. ASH, GEORGIA REGISTERED

LAND SURVEYOR NO. 2096, DATE,

MAY 20, 2005, AND RECORDED IN

PLAT SLIDE NO. 670-J1, IN THE OF-

FICE OF THE CLERK OF THE SUPE-

RIOR COURT OF BEN HILL COUNTY,

GEORGIA.

Said property is known as 475 Ot-

ter Creek Road, Fitzgerald, GA

31750, together with all fixtures and

personal property attached to and

constituting a part of said property,

if any.

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 ac-

curate 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 proceeds of said sale will be

applied to the payment of said in-

debtedness and all expenses of

said sale as provided in said Deed,

and the balance, if any, will be dis-

tributed as provided by law.

The sale will be conducted subject

(1) to confirmation that the sale is

not prohibited under the U.S. Bank-

ruptcy Code and (2) to final confir-

mation and audit of the status of

the loan with the secured creditor.

The property is or may be in the

possession of Emma Shavers Rose

and Earl Anthony Rose, successor

in interest or tenant(s).

EverBank as Attorney-in-Fact for

Emma Shavers Rose

and Earl Anthony Rose

File no. 09-020539

SHAPIRO & SWERTFEGER, LLP*

Attorneys and Counselors at Law

2872 Woodcock Blvd., Suite 100

Atlanta, GA 30341-3941

(770) 220-2535/SJ

www.swertfeger.net

*THE LAW FIRM IS ACTING AS A

DEBT COLLECTOR. ANY INFORMA-

TION OBTAINED WILL BE USED FOR

THAT PURPOSE.

91/9,16,23,30)