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)