NOTICE OF SALE UNDER POWER
STATE OF GEORGIA, COUNTY OF ELBERT
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Charles K. Ardister and Sherry S. Ardister to Mortgage Electronic Registration Systems, Inc. ( ERS , as Nominee for Fremont Investment & Loan, dated August 31 2004, and recorded on September 2, 2004 at Book No. 375 and Page No. 425-445, Elbert County, Georgia Records, as last assigned to HSBC Bank USA, National Association, as Trustee for Citigroup Mortgage Loan Trust 2005-HE2, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $65,600.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the Elbert County Courthouse within the legal hours of sale on the first Tuesday in September, 2012, the following described property:
All that tract or parcel of land, with improvements thereon, situate lying and being in the Eliam (191st) G.M. District, Elbert County, Georgia, known as 1574 Washington Highway; said property being delineated as Lot 5 of J. Wash Brown subdivision in a plat or survey by C.M. Rucker, R.S., dated May 2, 1960, recorded in Plat Book 4, at Page 104, Elbert County, Georgia Records, said plat and the recording thereof being expressly by reference incorporated herein and made a part of this description.
Said property being bounded now or formerly as follows: On the north by lands of Charles Yeargin; on the east by lands of J. Wash Brown; on the south by lands of Charles Yeargin; and on the west by State Hwy. #17 being known as the Washington Hwy.
This being the same property described in a warranty deed from Jon C. Cline and Ashley H. Cline to Joseph Whelan, dated April 13, 2000, recorded in Deed Book 272, at Pages 507-508, Elbert County, Georgia Records.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney fees (notice of intent to collect attorney fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: America Servicing Company, 3476 Stateview Blvd, Foreclosure, Fort Mill, SC 29715, 800-288-3212. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 1574 Washington Hwy., Elberton, Georgia 30635 is/are: Charles K. Ardister and Sherry S. Ardister or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
HSBC Bank USA, National Association, as Trustee for Citigroup Mortgage Loan Trust 2005-HE2 as Attorney in Fact for Charles K. Ardister and Sherry S. Ardister
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard, Addison, Texas 75001
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.