NOTICE OF SALE UNDER POWER THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE OF SALE UNDER POWER
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
By virtue of the power of sale contained in a Deed to Secure Debt from LISA D. SMITH and LARRY E. SMITH to ARLINGTON CAPITAL, LLC dated October 25, 2007, and recorded in Deed Book 904 at Page 280, in the Records of the Clerk of Superior Court, Greene County, Georgia (the Security Deed ) there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the First Tuesday in August, 2012, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 162nd GM District, Greene County, Georgia, being designated as Lot 29, Section 3 of the Lake Oconee, Inc. Subdivision (formerly Lake Wallace, Inc. Subdivision) and have such shape, courses, metes and distances as will more fully appear by reference to that certain plat made by Ben McElroy, Registered Surveyor on July 30, 1977, recorded in Plat Book 10, Page 219, in the Office of the Clerk of Superior Court of Greene County, Georgia, said plat and the record thereof are incorporated herein by reference. This is the same property described in a Quit Claim Deed from Lake Oconee Builders, Inc. to Lisa D. Smith dated May 19, 1977 and recorded in Deed Book 381, page 45, records of Greene County, Georgia.
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 163rd GM District, Greene County, Georgia, being shown as Parcel Z containing 1.7 acres, more or less, as is more particularly shown on that certain plat of survey of the John B. Stewart, Sr. Estate Property dated June 27, 1988, by Brent Cunningham, RLS No. 2097, recorded in Plat Book 15, Page 99, Greene County Public Deed Records. This is part of the same property as that conveyed to Walter C. Rocker, Jr., Glenn Rocker and Oconee Realty, Inc., by Executor s Deed dated July 8, 1988 and recorded in Deed Book 135, Page 292, Greene County Public Deed Records.
The debt secured by said Security Deed has been and is herby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney s fees (notice of intent to collect attorney s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: ARLINGTON CAPITAL, LLC, 1960 Satellite Boulevard, Suite 3500, Duluth, Georgia 30097. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is LISA D. SMITH and LARRY E. SMITH. 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.
ARLINGTON CAPITAL, LLC
As Attorney-in-Fact for
LISA D. SMITH and LARRY E. SMITH
Justin A. Abernathy, Esq.
MAHAFFEY PICKENS TUCKER, LLP
1550 North Brown Road
Lawrenceville, Georgia 30043