Walker County Messenger
Walker County

WM4097 NOTICE OF SALE UNDER POWER, WALKER COUNTY
Aug 13, 2012 | 132 views | email to a friend | print

WM4097 NOTICE OF SALE UNDER POWER, WALKER COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Johnny L. Devries to Mortgage Electronic Registration Systems, Inc. as nominee for America's Wholesale Lender dated 4/21/2005 and recorded in Deed Book 1330 Page 531, WALKER County, Georgia records; as last transferred to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-4 by Assignment filed for record in WALKER County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 80,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of WALKER County, Georgia, within the legal hours of sale on the first Tuesday in September, 2012 (September 04, 2012), the following described property: All that tract or parcel of land lying and being in the 9th District and 4th Section of Walker County, Georgia and being a part of Original Land Lot No. Ninety-nine (99), and more particularly described as follows: Beginning at a point on the North line of McFarland Gap Road, which point is South 70 degrees East, a distance of 242 feet, more or less, from the intersection of the North line of said road with the original West line of Land Lot No. 99; thence along and with the North line of McFarland Gap Road, South 70 degrees 30 minutes East, a distance of 100 feet to a stake corner; thence North 10 degrees East, a distance of 140 feet to a stake corner; thence North 70 degrees 30 minutes West, a distance of 100 feet to a stake corner; thence South 10 degrees West a distance of 140 feet to the point of beginning. Bounded On the East, West and North by the property owned by A.B. Pratchard and wife, and on the South by McFarland Gap Road. SUBJECT TO any governmental zoning and subdivision ordinances and regulations in effect thereon. PRIOR AND LAST DEED REFERENCE: Book 1305, Page 169, Office of the Clerk of Superior Court of Walker County, Georgia. 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 attorneys fees (notice of intent to collect attorneys fees having been given). Said property is commonly known as 2118 Mcfarland Avenue, Rossville, GA 30741 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): Johnny Lee Devries or tenant or 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) 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. 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. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-4 as agent and Attorney in Fact for Johnny L. Devries Aldridge Connors, LLP, 15 Piedmont Center, 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. 1016-3152 wm8/8,15,22,29
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