GEORGIA, HART COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from BOBBIE T BALLENGER, RICKY B BALLENGER to Mortgage Electronic Registration Systems, Inc. as nominee for EquiFirst Corporation, dated February 14, 2008, recorded February 25, 2008, in Deed Book 607, Page 363, Hart County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Fifty-Three Thousand and 00/100 dollars ($153,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to The Bank of New York Mellon Trust Company, National Association as Grantor trustee of the Protium Master Grantor Trust, secured creditor, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Hart County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012, all property described in said Security Deed including but not limited to the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 1112TH G.M. DISTRICT OF HART COUNTY, GEORGlA, BEING A PORTION OF TRACT NO 8, SECTION 1, EAGLE LAKE ESTATES, CONTAINING 2.42 ACRES, MORE OR LESS. AND BEING BOUNDED, NOW OR FORMERLY AS FOLLOWS: ON THE NORTH BY TRACT NO 9 OF SAID SUBDIVISION; ON THE EAST BY TRACT NO. 6 OF SAID SUBDIVISION; ON THE SOUTH BY TRACT NO. 7 OF SAID SUBDIVISION AND BY THE CENTERLINE OF A BRANCH; AND ON THE WEST BY THE 50 FOOT RIGHT OF WAY OF EAGLE LAKE DRIVE. SAID TRACT IS MORE PARTICULARLY DESCRIBED AS TO COURSES AND DlSTANCES ON A PLAT OF SURVEY PREPARED BY DEAN H. TEASLEY, SURVEYOR, DATED 7/2/1986, AND REVISED 2/10/1988. WHICH PLAT IS RECORDED IN PLAT BOOK 28, PAGE 622, PUBLIC RECORDS OF HART COUNTY, GEORGIA IS BY THIS REFERENCE INCORPORATED HEREIN AS A PART HEREOF. THIS A PORTION OF THAT PROPERTY CONVEYED BY WARRANTY DEED FROM JOHN W. KING AND KATHLEEN L. KING TO STEPHEN C. LEIGH AND MELANIE H. LEIGH, DATED 4/14/1987 AND RECORDED IN DEED BOOK 191, PAGE 358 PUBLIC RECORDS OF HART COUNTY, GEORGIA.
Said legal description being controlling, however the property is more commonly known as 95 LAKEFRONT RD, CANON, GA 30520.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold on an as-is basis without any representation, warranty or recourse against the above-named creditor or the undersigned. The sale will also be subject to the following items which may affect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is BOBBIE T BALLENGER, RICKY B BALLENGER, or tenants(s).
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.
The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: StateBridge Company, Loss Mitigation Dept., 4600 S. Syracuse Street, Suite 700, Denver, CO 80237, Telephone Number: 720-931-6204 for and on behalf of the secured creditor.
THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION AS GRANTOR TRUSTEE OF THE PROTIUM MASTER GRANTOR TRUST
as Attorney in Fact for
BOBBIE T BALLENGER, RICKY B BALLENGER
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.