The Herald Leader
Benhill County

NOTICE OF SALE UNDER POWER WHEREAS,
Jan 08, 2013 | 168 views | email to a friend | print

NOTICE OF SALE

UNDER POWER

WHEREAS, on June 22, 2007, for

value received, Chad Smith exe-

cuted and delivered to the United

States of America, acting through

the United States Department of

Agriculture, a Deed to Secure Debt

conveying certain real estate lo-

cated in Ben Hill County, Georgia,

and said Deed to Secure Debt was

recorded in the Office of the Clerk

of the Superior Court for Ben Hill

County, Georgia, in Book # 671,

Page# 247-253; and

WHEREAS, on January 28, 2010,

for value received, the subject loan

was assumed by an Assumption

Agreement by: Ruth M. Smith; and

WHEREAS, the United States of

America now holds the above de-

scribed security deed covering the

said real estate; and

WHEREAS, the Deed to Secure

Debt held by the United States of

America provides that should de-

fault occur, the holder may declare

the entire indebtedness secured by

the Deed to Secure Debt due and

payable and, in compliance with the

power of sale provisions contained

in said security deed proceed to

sell the property at public outcry;

and

WHEREAS, after default, the

United States of America has de-

clared all of the indebtedness se-

cured by the Deed to Secure Debt

due and payable and hereby certi-

fies that it has complied with all of

its loan servicing regulations;

NOW, THEREFORE, the said

United States of America, acting as

aforesaid, under and in compliance

with the power of sale provision

contained in the Deed to Secure

Debt, will proceed to sell at public

outcry, for cash or certified funds to

the highest bidder in front of the

Courthouse in Ben Hill County, dur-

ing the legal hours of sale, on the

5th day of February, 2013, the fol-

lowing-described property con-

veyed in the Deed to Secure Debt,

to Wit:

All that tract or parcel of land situ-

ate lying and being in the Lot of

Land No. 64 in the Fourth Land

District of Ben Hill County, Georgia,

and being more particularly de-

scribed according to a plat pre-

pared by T.W. Ash, Georgia Regis-

tered Land Surveyor, which plat of

survey is dated October 14, 2003

and recorded in the Office of the

Clerk of Superior Court of Ben Hill

County, Georgia in Plat Slide No.

662-D. Said plat is hereby specifi-

cally incorporated herein by refer-

ence for a more complete descrip-

tion of the property hereby con-

veyed. Said tract of land containing

2.00 acres, more or less.

Note: Said tract of land has been

depicted in a survey prepared for

Chad Smith by T.W. Ash, Georgia

Registered Land Surveyor, which

plat of survey is dated May 23,

2007 and recorded in the Office of

the Clerk of Superior Court of Ben

Hill County, Georgia in Plat Slide

683-A1.

The above described property will

be sold subject to any and all out-

standing real estate taxes that are

due and payable.

The failure of any high bidder to

pay the purchase price and close

the sale shall, at the option of the

United States of America, be cause

for rejection of the bid, and, if the

bid is rejected, the United States of

America shall have the option of

making the sale to the next highest

bidder who is ready, willing and

able to comply with the terms

thereof. The proceeds of said sale

will first be applied to the payment

of the indebtedness to the United

States of America, other charges,

and the expenses of sale, as pro-

vided in the above-described Deed

to Secure Debt.

This the 2nd day of January, 2013.

United States of America

By Toni L. Carter. Director, Escrow

and Front End Management

Branch and Acting Director of Di-

rect Loss Mitigation Bankruptcy

Foreclosure Sections

United States Department of Agri-

culture, Rural Development

(1/9,16,23,30)