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Elbert County

NOTICE OF SALE UNDER POWER GEORGIA, ELBERT COUNTY
Dec 06, 2012 | 149 views | email to a friend | print

NOTICE OF SALE UNDER POWER

GEORGIA, ELBERT COUNTY

Under and by virtue of the Power of Sale contained in a Security Deed given by Bobby J. Toole and Tillie M. Toole to Mortgage Electronic Registration Systems, Inc., dated August 21, 2006, recorded in Deed Book 424, Page 196, Elbert County, Georgia Records, as last transferred to HSBC Mortgage Services, Inc. by assignment recorded in Deed Book 522, Page 361, Elbert County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-SIX THOUSAND AND 0/100 DOLLARS ($136,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Elbert County, Georgia within the legal hours of sale on the first Wednesday in January, 2013, the following described property:

Tract One:

All that tract or parcel of land, with improvements thereon, lying and being in the 201st G.M. District of Elbert County, Georgia, in the corporate limits of the City of Bowman, and being more particularly described as Lots Nos. 1, 2, 3, 4, 5, 6 and 7 in Block of the M. W. Berryman (formerly Hendrick) Estate in a plat of survey recorded in Plat Book 3, at Page 78 (Slide A-99), in the Office of the Clerk of the Superior Court of Elbert County, Georgia, said plat and the recording thereof being expressly by reference incorporated into and made a part of this description.

This property is more particularly described as follows: Beginning at the Southeast corner of Block H of the M.W. Berryman (formerly Hendrick) Estate, as shown on a plat of survey recorded in Plat Book 3, at Page 78 (Slide A-99), in the Office of the Clerk of the Superior Court of Elbert County, Georgia, on a paved street (now known as West Hendricks Street) at the land line of property now or formerly owned by Teasley; running thence N 20 1/2 Degrees E for a distance of 400 feet to the southwestern boundary of an alley; running thence along the southwestern boundary of such alley N 71 Degrees W for a distance of 160 feet to the southeastern boundary of another alley; running thence S 20 1/2 Degrees W along the southeastern boundary of such alley for a distance of 400 feet to the northeastern boundary of the right-of-way of a paved street (now known as West Hendricks Street); running thence along such street S 71 Degrees E for a distance of 160 feet to the true point of beginning.

Tract Two:

All that tract or parcel of land, with improvements thereon, lying and being in the 201st G.M. District of Elbert County, Georgia, in the corporate limits of the City of Bowman, and being more particularly described as Lots Nos. 7, 8, 9, 10, 11 and 12 in Block of the M. W. Berryman (formerly Hendrick) Estate in a plat of survey recorded in Plat Book 3, at Page 78 (Slide A-99), in the Office of the Clerk of the Superior Court of Elbert County, Georgia, said plat and the recording thereof being expressly by reference incorporated into and made a part of this description.

This property is more particularly described as follows: Beginning at the Southeast corner of Block J of the M.W. Berryman (formerly Hendrick) Estate, as shown on a plat of survey recorded in Plat Book 3, at Page 78 (Slide A-99), in the Office of the Clerk of the Superior Court of Elbert County, Georgia, at the land line of property now or formerly owned by Johnson; running thence No 20 1/2 Degrees E for a distance of 185 1/2 feet to property now or formerly owned by Hendrick; thence running N 71 Degrees W for a distance of 327 feet to the southeastern boundary of Lot No. 16 in Block J of the M.W. Berryman (formerly Hendrick) Estate; thence running S 20 1/2 Degrees W for a distance of 185 1/2 feet to the northeastern boundary of an alley; thence running along the northeastern boundary of such alley S 71 Degrees E for a distance of 327 feet to the true point of beginning.

Tract Three:

All that tract or parcel of land, with improvements thereon, lying and being in the 201st G.M. District of Elbert County, Georgia, in the corporate limits of the City of Bowman, and being more particularly described as Lots Nos. 1, 2, 3, and 4 in Block of the M. W. Berryman (formerly Hendrick) Estate in a plat of survey recorded in Plat Book 3, at Page 78 (Slide A-99), in the Office of the Clerk of the Superior Court of Elbert County, Georgia, said plat and the recording thereof being expressly by reference incorporated into and made a part of this description.

This property is more particularly described as follows: Beginning at the Southeast corner of Block of the M.W. Berryman (formerly Hendrick) Estate, as shown on a plat of survey recorded in Plat Book 3, at Page 78 (Slide A-99), in the Office of the Clerk of the Superior Court of Elbert County, Georgia, at the intersection of a paved street (now known as West Hendricks Street) with the northwestern boundary of an alley which separates this Block from Block running thence along the northwestern boundary of such alley N 20 1/2 Degrees E for a distance of 250 feet to the southeastern boundary of Lot 5 of Block I of the M.W. Berryman (formerly Hendrick) Estate; thence running along the South line of Lot 5 of Block I of the M.W. Berryman (formerly Hendrick) Estate N 71 Degrees W for a distance of 140 feet to the southeastern boundary of Lot 12; thence running S 20 Degrees W for a distance of 250 feet to the northeastern boundary of said paved street (now known as West Hendricks Street); thence running along the northeastern boundary of said paved street S 71 Degrees E for a distance of 140 feet to the true point of beginning.

Tract Four:

All that tract or parcel of land, with improvements thereon, lying and being in the 201st G.M. District of Elbert County, Georgia, in the corporate limits of the City of Bowman, and being more particularly described as Lots Nos. 5, 6, and 7 in Block of the M. W. Berryman (formerly Hendrick) Estate in a plat of survey recorded in Plat Book 3, at Page 78 (Slide A-99), in the Office of the Clerk of the Superior Court of Elbert County, Georgia, said plat and the recording thereof being expressly by reference incorporated into and made a part of this description.

This property is more particularly described as follows: Beginning at the Southeast corner of Lot No. 5 of Block I of the M.W. Berryman (formerly Hendrick) Estate, as shown on a plat of survey recorded in Plat Book 3, at Page 78 (Slide A-99), in the Office of the Clerk of the Superior Court of Elbert County, Georgia, which beginning point is on the West side of a 32 foot alley and also the Northeast corner of Lot No. 4 of Block I of the M.W. Berryman (formerly Hendricks) Estate, running thence along said alley N 20 Degrees E for a distance of 150 feet to the southwestern boundary of another alley; thence running along the southwestern boundary of such alley N 71 Degrees W for a distance of 140 feet to the southeastern boundary of Lot No. 15 of Block I of the M.W. Berryman (formerly Hendrick) Estate; thence running S 20 Degrees W for a distance of 150 feet to the southwestern corner of Lot No. 4; thence running S 71 Degrees E for a distance of 140 feet to the true point of beginning

Tract Five:

Also included in this conveyance is all of Grantor right, title and interest in and to the portion of any alleys, depicted on the above-described plat, adjacent to the above described tracts of property.

The above described tracts are the same property described in a Warranty Deed from Walker T. Harris to Donald Walker Harris and Olds Thomas Harris, dated February 22, 1997, recorded in Deed Book 229, at Pages 289-290, in the Office of the Clerk of the Superior Court of Elbert County, Georgia, said deed being expressly by reference incorporated into and made a part of this description.

The debt secured by said Security Deed has been and is hereby 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 fees (notice of intent to collect attorney 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, and matters of record superior to the Security Deed first set out above.

HSBC Mortgage Services, Inc. is the holder of the Note and Security Deed to the property in accordance with OCGA 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: HSBC Mortgage Services, 636 Grand Regency Blvd., Brandon, FL 33510-3942, 800-365-6730.

To the best knowledge and belief of the undersigned, the party in possession of the property is Bobby J. Toole and Tillie M. Toole or a tenant or tenants and said property is more commonly known as 40 W. Hendricks Street, Bowman, Georgia 30624.

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.

HSBC Mortgage Services, Inc. as Attorney in Fact for Bobby J. Toole and Tillie M. Toole

MCCALLA RAYMER, LLC

1544 Old Alabama Road, Roswell, Georgia 30076

www.foreclosurehotline.net

Our file no. 51070612-FT8

This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.