NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF WALKER
Under and by virtue of the Power of Sale in a certain Security Deed ( Security Deed ) from Nancy A. Bastain ( Grantor ) to Clayton Homes, aka CMH Homes, Inc ( Grantee ) dated March 13, 2000. and recorded in Deed Book 964, Page 285-286, Walker County, Georgia records and last assigned to Vanderbilt Mortgage and Finance, Inc, to be recorded in Walker County, Georgia records, having been given to secure a Promissory Note of even date in the principal amount of $37,266.21, there will be sold by the undersigned at public outcry, during the legal hours of sale before the doors of the Courthouse of Walker County, Georgia, on the first Wednesday in January , to-wit January 2, 2013 to the highest and best bidder for cash the following described property:
ALL THAT LAND, LYING AND BEING IN LAND LOT 166, IN THE 10TH DISTRICT, AND 4TH SECTION OF WALKER COUNTY, GEORGIA, AND BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED IN DEED OF CORRECTION FROM ANNIE HIXON TO EMMETT L GREEN AND WIFE, NOLA K GREEN, DEED BOOK 214, PAGE 472 WALKER COUNTY DEED BOOK 214, PAGE 472 WALKER COUNTY DEED RECORDS WHICH IS NOW ( 1978) THE SOUTH LINE OF THE WILSON PROPERTY; THENCE RUNNING SOUTH 5 DEGREES WEST 260 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE RUNNING NORTH 86 DEGREES WEST ALONG THE SOUTH LINE OF SAID GREEN PROPERTY 170 FEET TO A CORNER; THENCE RUNNING NORTH 5 DEGREES EAST 260 FEET TO THE NORTH LINE OF SAID GREEN PROPERTY; THENCE RUNNING SOUTH 86 DEGREES EAST 170 FEET TO THE POINT OF BEGINNING, THE ABOVE DEGREE BEARINGS ARE IN ACCORDANCE WITH SURVEY BY H L CAMPBELL, WALKER COUNTY SURVEYOR, DATED JULY 23, 1959.
TOGETHER WITH AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES 12 FEET IN WIDTH EXTENDING WESTWARDLY FROM THE SOUTHWEST CORNRER OF THE ABOVE DESCRIBED LAND TO PAYNES CHAPEL ROAD, THE SOUTH LINE OF SAID EASEMENT BEING A CONTINUATION OF THE SOUTH LINE OF SAID LAND. THE ABOVE LANDS ARE PART OF THE LANDS DESCRIBED IN DEED FROM ANNIE HIXON TO EMMETT L GREEN AND WIFE, NOLA K GREEN DEED BOOK 103, PAGE 212 AS REVISED BY THE ABOVE DEED OF CORRECTION FROM ANNIE HIXON IN DEED BOOK 214, PAGE 472.
JOHN L GREEN, SANDRA GREEN CHILDERS AND NANCE GREEN BASTIN ARE THE ONLY CHILDREN OF NOLA K GREEN, DECEASED INTESTATE, AND TOGETHER WITH EMETT L GREEN, HER WIDOWERS, ARE THE SOLE HEIRS AT LAW OF NOLA K GREEN, DECEASED.
The debt secured by said Security Deed and Note has been and is hereby declared due and payable in full because of a default by Borrower pursuant to the terms of said Security Deed and Note of Borrower. Notice has been given of intention to enforce provisions for collection of attorney s fees and foreclosure in accordance with the legal requirements and the terms of the Security Deed and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, including attorney s fees, and the remainder, if any, shall be applied as provided by law.
Said property shall be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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 entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Vanderbilt Mortgage and Finance, Inc., PO Box 9800, Maryville, TN, 37802, (865)-380-3000. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Nancy A. Bastain and Anthony L. Laduke or a tenant or tenants and said property is more commonly known as 995 Highway 157, Lookout Mountain, Ga, 30750.
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.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY PROCEEDING, THIS NOTICE IS NOT INTENDED TO INDICATE THAT YOU ARE PERSONALLY LIABLE FOR THIS DEBT. IN THIS INSTANCE THE INFORMATION CONCERNING THE ASSOCIATED DEBT OWED IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD BE DISREGARDED FOR ANY PURPOSES OTHER THAN THAT OF CONDUCTING A NON JUDICIAL FORECLOSURE OF THE SECURITY PURSUANT TO GEORGIA LAW.
Jimmy L. Partin Attorney for Vanderbilt Mortgage and Finance Company, Inc.
Walther Law, LLC
5755 North Point Parkway
Alpharetta, Georgia 30022