STATE OF GEORGIA
COUNTY OF CLINCH
NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of Sale contained in a Security Deed given by Helen G. Roe to Wilmington Finance, Inc., dated September 4, 2002, recorded on 10/03/2002 in Deed Book 92, Page 328, Clinch County, said Security Deed having been last sold, assigned, transferred and conveyed to Alliance Realty Capital, LLC by Assignment conveying the after-described property to secure a Note in the original principal amount of Forty Thousand Five Hundred and 00/100 DOLLARS ($40,500.00), with interest thereon as set forth therein, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on September 4, 2012 during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in Land Lots 518, Seventh Land District, Clinch County, Georgia and being Lot 14, Steedley Subdivision, according to a Plat of Survey prepared by H.W. Williams, Jr., Georgia Registered Surveyor Number 1396, dated April 8, 1971, recorded April 29, 1971, in Plat Book C, Page 63, in the records of the Office Of The Clerk of Superior Court, Clinch County, Georgia and being more particularly described as follows: Beginning at a point located at the intersection formed by the east side of a proposed road right of way and the south side of an existing road right of way. Said point of being marked by an iron pin; thence running east, as measured along the south side of the existing road right of way, a distance of 170 feet to a point marked by an iron pin; thence running south as measured along the west side of the existing road right of way, a distance of 90 feet to a point marked by and iron pin; and being located at the northeast corner of Lot 15, said subdivision; thence running west along the north line of said Lot 15; a distance of 170 feet to a point marked by an iron pin; and being located at the northwest corner of said Lot 15; thence running north, as measured along the east side of the proposed road right of way, a distance of 90 feet to a point marked by an iron pin and the point of beginning. Being improved property know as Route1, Box 39, Homerville, GA 31631, according to the present system of numbering houses in Clinch County, Georgia.
Said property is known as Route 1, Box 39, Homerville, GA 31634, together with all fixtures and personal property attached to and constituting a party of said property, if any.
Said property will be sold as the property of The Estate of Helen G. Roe, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of The Estate of Helen G. Roe or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, 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 (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.
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 of the audit of the status of the loan as provided immediately above.
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 Security Deed and by law, including, without limitation, attorneys' fees. Notice has been given of intention to collect attorneys' fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law.
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: FCI Lender Services, 8180 East Kaiser Blvd., Anaheim Hills, CA 92808, 714-282-2424. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
Alliance Realty Capital, LLC
as Attorney in Fact for
Helen G. Roe
1301 Hightower Trail, Suite 305
Sandy Springs, Georgia 30350
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
ch 8/8-8/29 (910) (#080812-3)