NOTICE OF SALE UNDER POWER
GEORGIA, OCONEE COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from Edwin E. Shumate and Emily Shumate a/k/a Emily J. Shumate to Branch Banking and Trust Company, dated March 28, 2007, recorded May 3, 2007, in Deed Book 925, Page 407, Oconee County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of EIGHTY THOUSAND THREE HUNDRED TWENTY DOLLARS AND FIFTY-EIGHT CENTS ($80,320.58), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Oconee County, Georgia, within the legal hours of sale on the first Tuesday in December 2012 by the secured creditor, Branch Banking and Trust Company, as Attorney in Fact for Edwin E. Shumate and Emily Shumate a/k/a Emily J. Shumate, all property described in said Security Deed including but not limited to the following described property:
ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE 221ST DISTRICT, G.M., OCONEE COUNTY, GEORGIA, CONTAINING 1.530 ACRES, MORE OR LESS, AND BEING LOT 23 OF THE J. SWANTON IVY, SR. PROPERTY AS SHOWN ON A PLAT OF SURVEY ENTITLED URVEY FOR J. SWANTON IVY, SR. DATED AUGUST 5, 1971, PREPARED BY BEN MCLEROY & ASSOCIATES, BEN MCLEROY, REGISTERED LAND SURVEYOR, RECORDED IN PLAT BOOK 3, PAGE 284, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT, OCONEE COUNTY, GEORGIA, REFERENCE BEING MADE THERETO FOR A MORE COMPLETE DESCRIPTION OF THE PROPERTY HEREIN DESCRIBED.
Said property being known as_1311 Knob Creek Drive, Athens, GA 30606 according to the present numbering system in Oconee County. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: security deed in favor of Mortgage Electronic Registration Systems, Inc. ( ERS as nominee for Branch Banking and Trust Company in the original amount of $305,600.00, dated September 22, 2006, recorded at Deed Book 894, Page 199, Oconee County, Georgia Records; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Emily Shumate a/k/a Emily J. Shumate or tenant(s). 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.
The name of the person or entity who has the full authority to negotiate, amend, and modify all terms of the mortgage is: Branch Banking and Trust Company, 150 Stratford Road, Suite 201, Winston-Salem, NC 27104 TEL (866) 909-4852.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Geheren Firm, P.C.,
4828 Ashford Dunwoody Road, 2nd Floor
Atlanta, GA 30338
TEL (678) 587-9500