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Berrien County

NOTICE OF SALE UNDER POWER, BERRIEN COUNTY
Dec 03, 2012 | 229 views | email to a friend | print

NOTICE OF SALE UNDER POWER, BERRIEN COUNTY

Pursuant to the Power of Sale contained in a Security Deed given by Daryl M Smith to Mortgage Electronic Registration Systems, Inc. as nominee for Quicken Loans, Inc. dated 5/31/2008 and recorded in Deed Book 637 Page 225, Berrien County, Georgia records; as last transferred to GMAC Mortgage, LLC, conveying the after-described property to secure a Note in the original principal amount of $ 91,350.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Berrien County, Georgia, within the legal hours of sale on January 2, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:

ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 40 OF THE 9TH LAND DISTRICT OF BERRIEN COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED IS THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD NO. 227 WITH THE WEST RIGHT OF WAY LINE OF HESTER BRIDGE ROAD, AND FROM SAID BEGINNING POINT, TRAVEL SOUTH 35 30' 00' WEST 211.22 FEET ALONG THE WEST RIGHT OF WAY LINE OF HESTER BRIDGE ROAD; THENCE TRAVEL NORTH 77 37'39" WEST 657.1 FEET TO THE RUN OF BIG BRANCH; THENCE TRAVEL NORTH 22 54' 02" EAST 40.1 FEET ALONG THE RUN OF BIG BRANCH; THENCE TRAVEL NORTH 64 51'59" EAST 74.26 FEET ALONG THE RUN OF BIG BRANCH; THENCE TRAVEL NORTH 49 29'32" EAST 31.47 FEET ALONG THE RUN OF BIG BRANCH TO THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD NO. 227; THENCE TRAVEL SOUTH 83 49'34" EAST 208.36 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD NO. 227; THENCE TRAVEL SOUTH 85 30'00" EAST 452.77 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD NO. 227 TO THE POINT ON PLACE OF BEGINNING OF THE TRACT HEREIN DESCRIBED. SAID TRACT OF LAND CONTAINS 2.2 ACRES IS MORE PARTICULARLY DESCRIBED ACCORDING TO THAT PLAT OF SURVEY ENTITLED "SURVEY FOR DARYL M. SMITH" PREPARED BY CENTRAL SURVEYING OF TIFTON, GEORGIA, ON OCTOBER 25, 1995. SAID PLAT BEING RECORDED IN PLAT CABINET 1, SLIDE D-82, IN THE OFFICE OF THE CLERK OF BERRIEN SUPERIOR COURT AND BEING BY REFERENCE INCORPORATED HEREIN.

Commonly known as: 625 Musslewhite Store Road, Lenox, GA 31637

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 the Security Deed and by law, including attorney s fees (notice of intent to collect attorney s fees having been given). GMAC Mortgage, LLC is the current owner of the loan.

Said property is commonly known as 625 Musslewhite Store Road, Lenox, Georgia 31637 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Daryl M Smith or tenant or tenants.

GMAC Mortgage, LLC is the entity or individual designated, who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.

GMAC Mortgage, LLC

Loss Mitigation

3451 Hammond Avenue

Waterloo, IA 50702

(800) 850-4622

Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.

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) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.

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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.

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 non-judicial 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 immediately above.

GMAC Mortgage, LLC as agent and Attorney in Fact for Daryl M Smith

Aldridge Connors, LLP, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.

THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1165-4639

Dec. 5, 12, 19, 26