NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF PICKENS
Under and by virtue of the power of sale in that certain Deed to Secure Debt (With Future Advance Clause) from Richard Dale Teal ( orrower in favor of Crescent Bank & Trust Company ( riginal Lender , dated June 1, 2006, recorded on July 7, 2006, in Deed Book 719, Page 318, in the records of the Clerk of the Superior Court of Pickens County, Georgia, as amended by that certain Modification of Deed to Secure Debt from Borrower in favor of Original Lender dated May 27, 2009, recorded on June 3, 2009, in Deed Book 863, Page 515, aforesaid records, as further amended by that certain Modification of Deed to Secure Debt from Borrower in favor of Original Lender, dated June 25, 2010, recorded on August 20, 2010, in Deed Book 901, Page 293, aforesaid records, as assigned to Renasant Bank ( ender by that Master Assignment from the Federal Deposit Insurance Corporation, in its capacity as Receiver for Original Lender, dated July 23, 2010, recorded on October 13, 2010, in Deed Book 906, Page 818, aforesaid records (as modified and assigned, the ecurity Deed , said Security Deed having been given to secure a loan in the principal amount of $152,442.37, evidenced by certain promissory notes, renewal notes, and loan agreements given by Borrower, and to secure any and all other indebtedness then or thereafter owing between the parties, with interest from the date thereof at the rate specified therein on the unpaid balance until paid, there will be sold by the Lender at public outcry, during the legal hours of sale before the door of the courthouse of Pickens County, Georgia, on the first Tuesday in September, 2012, to the highest and best bidder for cash, the following described property:
ALL THAT TRACT or parcel of land lying and being in Land Lots 78, 103, 104 of the 13th District and 2nd Section of Pickens County, Georgia, and being Lot 185 of THE PRESERVE AT SHARP MOUNTAIN, PHASE 11, according to that certain plat of survey entitled inal Plat for The Preserve at Sharp Mountain Phase Eleven, prepared by Mark E. Chastain, G.R.L.S. No. 2718, dated June 23, 2005, recorded in Plat Book RR, pages 133-136, Pickens County, Georgia Records, and by reference thereto, said plat of survey is incorporated herein and made a part hereof.
TOGETHER WITH all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as roperty .
All of the indebtedness secured by the Security Deed has matured and remains unpaid. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and other sums secured by the Security Deed, including attorneys fees, and the remainder, if any, shall be applied as provided by law.
The Property will be sold on an s is, where is basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever with respect thereto. Lender reserves the right to sell the real property portion of the Property as a single parcel or as several parcels. Lender also reserves the right to sell the real property portion of the Property separately from the personal property portion and to take separate bids therefor.
The Property will be sold as the property of Richard Dale Teal. The Property will be sold subject to:
1. The rights of tenants in possession, if any;
2. Any and all outstanding ad valorem taxes and assessments for street improvements;
3. Other superior matters of record, if any, including but not limited to easements, reservations, restrictions and unrecorded leases;
4. Amendment to the Declaration of Covenants, Conditions and Restrictions for The Preserve at Sharp Mountain dated May 4, 2011, recorded on May 4, 2011, at Deed Book 925, Page 156, in the records of the Clerk of the Superior Court of Pickens County, Georgia; and
5. Affidavit dated August 11, 2011, recorded on August 11, 2011, in Deed Book 933, Page 263, in the aforesaid records.
The Lender will execute a deed to the purchaser at said sale as provided in the Security Deed.
Renasant Bank as attorney-in-fact for Richard Dale Teal
BY: ALSTON & BIRD LLP
By: Stacy Smith Gray
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Attn: Stacy E. Smith
The law firm is acting as debt collector. Any information obtained will be used for that purpose.
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained in a Deed to Secure Debt by SCOTT AIKEN to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for America Wholesale Lender, dated February 15, 2005 and filed for record March 25, 2005 in Deed Book 639, Page 593, Pickens County, Georgia records, and securing a Note in the original principal amount of $281,500.00; last transferred to The Bank of New York Mellon FKA The Bank of New York as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2005-14, Mortgage Pass-Through Certificates, Series 2005-14 by Assignment, filed for record in Deed Book 870, Page 723, Pickens County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Pickens County, Georgia, between the legal hours of sale on the first Tuesday in September, 2012, by The Bank of New York Mellon FKA The Bank of New York as Trustee for The Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-14, Mortgage Pass Through Certificates, Series 2005-14 as Attorney-in-Fact for SCOTT AIKEN the following property to-wit:
All that tract or parcel of land lying and being in Land Lot 299 of the 5th District, 2nd Section, Pickens County, Georgia, being Lot No. 6369 of The Disharoon Valley Neighborhood of Big Canoe Subdivision, as per plat recorded in Plat Book G, Page 31, in the Office of the Clerk of Superior Court of said County, said plat being by reference incorporated herein and made a part hereof.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney's fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows:
Bank of America, N.A., successor by reason of merger with BAC Home Loans Servicing, L.P.
Attn: Loss Mitigation Dept.
P. O. Box 5170
Simi Valley, CA 93065
The foregoing notwithstanding, nothing in O.C.G.A. 44-14-162.2 shall be construed to require Bank of America, N.A. to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
The Bank of New York Mellon FKA The Bank of New York as Trustee for The Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-14, Mortgage Pass Through Certificates, Series 2005-14 as Attorney-in-Fact for SCOTT AIKEN
SHUPING, MORSE & ROSS, L.L.P.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, GA 30274
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.