State of Georgia, County of HART
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JULIA ANN LAWRENCE AND JAMES JOEL LAWRENCE to EQUIPRIME, INC. , dated 04/22/1999, and Recorded on 04/29/1999 as Book No. 335 and Page No. 447, HART County, Georgia records, as last assigned to HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE4 (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $44,000.00, 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 HART County Courthouse within the legal hours of sale on the first Tuesday in December, 2012, the following described property:
ALL THAT TRACT OR PARCEL OF LAND WITH IMPROVEMENTS THEREON, SITUATE LYING AND BEING IN THE 1118TH G.M.D., HART COUNTY, GEORGIA, CONTAINING 2.00 ACRES, MORE OR LESS, AND BEING BOUNDED ON THE WEST BY PROPERTY OF HOWARD SANDERS; NORTH AND EAST BY PROPERTY FORMERLY OF MRS. C.L. LECROY, NOW PROPERTY OF DEMSTER; AND SOUTH BY RIGHT-OF-WAY OF COUNTY ROOD NO. 58; AND BEING BETTER DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ALONG THE NORTHERN SIDE OF SAID COUNTY ROAD RIGHT-OF-WAY AT A COMMON CORNER WITH LANDS AT HOWARD SANDERS, AND RUNNING THENCE N 2 DEGREE. 45 MINUTES E A DISTANCE OF 420 FEET TO AN IRON PIN; THENCE N 73 DEGREES 54 MINUTES E A DISTANCE OF 218.17 FEET TO AN IRON PIN; THENCE S 2 DEGREES 45 MINUTES W A DISTANCE 420 FEET TO AN IRON PIN; THENCE S 71 DEGREES 50 MINUTES W A DISTANCE OF 113.32 FEET TO AN IRON PIN: THENCE S 76 DEGREES 7 MINUTES W A DISTANCE OF 105 FEET TO THE POINT OF BEGINNING, AND BEING MORE PARTICULARLY SHOWN AND DESCRIBED ON A PLAT OF SURVEY PREPARED BY DEAN H. TEASLEY. R.L.S., DATED SEPTEMBER 29, 1977, WHICH IS RECORDED IN PLAT BOOK 22, PAGE 258, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT FOR HART COUNTY, GEORGIA.
THIS IS THE. SAME PROPERTY AS THAT DESCRIBED IN A WARRANTY DEED FROM KATHY A. HAVILAND TO JERRY T. MOSLER AND JUDY A. MOSLER DATED FEBRUARY 8, 1991 AND RECORDED FEBRUARY 15. 1991, RECORDED IN DEED BOOK 223, PAGE 606, HART COUNTY, GEORGIA, AND THE SAME PROPERTY DESCRIBED IN A QUITCLAIM DEED FROM JERRY T. MOSLER TO JUDY ANN MOSLER, DATED JULY 13, 1992, RECORDED IN DEED BOOK 237, PAGE 375, HART COUNTY, GEORGIA RECORDS.
THERE ARE TWO MOBILE HOME SITUATE ON SUBJECT PROPERTY AND ARE DESCRIBED AS FOLLOWS A 1982 ALL AMERICAN MOBILE HOME, MANUFACTURER NUMBER 2863A AND A SECOND 1962 ALL AMERICAN MOBILE HOME, MANUFACTURER NUMBER 2863B, AND BORROWERS, BEING THE TRUE AND LAWFUL OWNERS OF RECORD OF THE MOBILE HOMES BEING MORTGAGED WITH THE PROPERTY, DECLARE THAT IT IS THEIR INTENT THAT THE MOBILE HOME LOSE ITS NATURE AS PERSONALTY AND BECOME REALTY. BORROWER FURTHER DECLARES THAT THE MOBILE HOME SHALL REMAIN PERMANENTLY ATTACHED AS A PART OF THE REAL PROPERTY AND WILL NOT BE REMOVED THEREFROM.
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 s fees (notice of intent to collect attorney s fees having been given). HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE4 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. AMERICA S SERVICING COMPANY, acting on behalf of and, as necessary, in consultation with HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE4 (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44-14-162.2, AMERICA S SERVICING COMPANY may be contacted at: AMERICA S SERVICING COMPANY, 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 800-288-3212. Please note that, pursuant to O.C.G.A. 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 660 BODE WEAVER ROAD, HARTWELL, GEORGIA 30643 is/are: JULIA ANN LAWRENCE AND JAMES JOEL LAWRENCE 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, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE4 as Attorney in Fact for JULIA ANN LAWRENCE AND JAMES JOEL LAWRENCE. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120134002154 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398. HS-22-4-18974-11/29