Walker County Messenger
Walker County

WM4089 NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA COUNTY OF WALKER
Aug 13, 2012 | 127 views | email to a friend | print

WM4089 NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA COUNTY OF WALKER Under and by virtue of the Power of Sale contained in the Security Deed from Betty J. Green to SunTrust Bank, dated June 16, 2003, and recorded in Deed Book 1184, Page 257, in the offices of the Clerk of the Superior Court of Walker County, Georgia, as modified by that certain Modification of Security Deed dated September 20, 2005, filed November 16, 2005 in Deed Book 1372, Page 740, aforesaid records (as same may have been further modified from time to time, collectively the Security Deed); the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Walker County, Georgia, during the legal hours of sale, on the first Tuesday in September, 2012, the following described real property, to wit: ALL THAT TRACT OR PARCEL OF LAND, SITUATE, LYING AND BEING IN ORIGINAL LAND LOT NO. 186 IN THE 9TH DISTRICT AND 4TH SECTION OF WALKER COUNTY, GEORGIA, AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN BOUNDARY OF THE WALLACEVILLE ROAD, WHICH IS THE SOUTHWESTERN CORNER OF THE TRACT CONVEYED BY W.H. GRIFFITH AND WIFE TO THE ROSSVILLE FEDERAL SAVINGS AND LOAN ASSOCIATION BY DEED OF RECORD IN DEED BOOK 92, PAGE 257, WALKER COUNTY DEED RECORDS; THENCE RUNNING NORTH 55 DEGREES 30 MINUTES EAST, ALONG A FENCE SEPARATING LANDS HEREIN DESCRIBED FROM THE GRIFFITH PROPERTY, A DISTANCE OF 200 FEET TO A CORNER; THENCE RUNNING SOUTH 8 DEGREES WEST, PARALLEL TO SAID WALLACEVILLE ROAD, A DISTANCE OF 205 FEET TO A CORNER; THENCE RUNNING SOUTH 88 DEGREES 30 MINUTES WEST, ALONG A FENCE, PARALLEL TO THE GRIFFITH LINE, ABOVE DESCRIBED, A DISTANCE OF 200 FEET TO A POST CORNER ON THE EASTERN BOUNDARY OF THE WALLACEVILLE ROAD; THENCE RUNNING NORTH 8 DEGREES EAST, ALONG EASTERN BOUNDARY OF WALLACEVILLE ROAD, A DISTANCE OF 205 FEET TO THE POINT OF BEGINNING. THE TRACT HEREIN DESCRIBED BEING FORMED FROM THE TWO CONTIGUOUS TRACTS OF LAND CONVEYED BY MRS. W.M. SCHMITT BY PHILLIP SCHMITT BY DEED OF RECORD IN DEED BOOK 90, PAGE 47, AND BY HORACE MILTON SCHMITT BY DEED OF RECORD IN DEED BOOK 90, PAGE 47, AND BY HORACE SCHMITT AND MRS. P.H. SCHMITT BY DEED OF RECORD IN DEED BOOK 92, PAGE 347, WALKER COUNTY DEED RECORDS. KNOWN: 1273 MISSION RIDGE RD PARCEL: 0-125-017 In addition, under and by virtue of the power of sale contained in the Security Deed, the undersigned will also sell at public outcry to the highest bidder for cash before the door of the Courthouse of Walker County, Georgia, immediately following the sale of the above-described real property, the following described personal property owned by Betty J. Green, or her successors-in-title and secured by the Security Deed, to wit: All personal property described in and subject to the Security Deed, which is hereby incorporated by this reference. Less and except any fixtures subject to the security interest on the above-described real property. The debt secured by the Security Deed is evidenced by a Renewal Access 3 Equity Line Account Agreement and Disclosure Statement, dated September 20, 2005 executed by Betty J. Green and Rhonda F. Miller to SunTrust Bank, in the original principal amount of $40,000.00 (as same may have been further modified, renewed or amended, collectively the Note); plus interest from date on the unpaid balance until paid, and other indebtedness. Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms. The above-described real property will be sold to the highest and best bidder for cash as the property of Betty J. Green, the proceeds to be applied to the payment of said indebtedness, attorneys' fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all other prior assessments, easements, restrictions or matters of record. To the best of the undersigned's knowledge and belief, the real property is presently owned by Betty J. Green. To the best of the undersigned's knowledge and belief, the party in possession of the real property is Betty J. Green, and tenants holding under her. All personal property will be sold in one lot to the highest and best bidder for cash as the property of Betty J. Green, or her successors-in-title, on an "as is, where is" basis and without representation, warranty or recourse, express or implied, of the undersigned, and subject to all matters of record affecting said personal property, the proceeds to be applied to the payment of said indebtedness, attorneys' fees and the lawful expenses of said sale, all as provided in the Security Deed. SunTrust Bank, as Attorney-in-Fact for Betty J. Green. M. Todd Westfall, Esquire Howick, Westfall, McBryan & Kaplan, LLP Suite 600, One Tower Creek 3101 Towercreek Parkway Atlanta, Georgia 30339 (678) 384-7005 wm8/8,15,22,29
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