WM8031 STATE OF GEORGIA COUNTY OF WALKER NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT
STATE OF GEORGIA
COUNTY OF WALKER
NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Barbara E. Frank to First Bank in the original principal amount of $120,000.00 dated 01/30/2006, and recorded in Deed Book 1390, page 274, Walker County records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, Inc. in Deed Book 1390, page 289, Walker County records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Wednesday of January, 2013 by CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Barbara E. Frank the following described property:
Tract One (1):
That tract or parcel of land lying and being in Land Lot No. 153 in the 11th District and 4th Section of Walker County, Georgia, and shown as a tract of land containing 2.0 acres on a plat of survey prepared by K.C. Campbell for Truman E. Sharp and wife, Lana D. Sharp, dated July 10, 2003, and described in accordance with said plat of survey, as follows: Beginning at a point marking the intersection of the centerline of an existing 20 foot wide private right of way known as Dillon Lane where the same intersects the West line of Stephens Road, a public road having a 30 foot wide private right of way; said point being marked by an iron pin; thence from said beginning point run in a generally Southerly direction with and along the West line of Stephens Road the following courses and distances: South 12 degrees 35 minutes 11 seconds West 22.87 feet; South 1 degree 5 minutes 36 seconds East 30.0 feet; South 6 degrees 9 minutes 58 seconds East 80.0 feet; South 8 degrees 24 minutes 55 seconds East 50.0 feet; South 10 degrees 13 minutes 32 seconds East 60.0 feet; South 11 degrees 59 minutes 21 seconds East 65.0 feet; and South 13 degrees 56 minutes 43 seconds East 40.0 feet; and to a point marked by an iron pin set at the Northeast corner of Millard C. Tolbert and wife, Anna L. Tolbert, property; thence turn from the West line of Stephens Road and run due West along the North line of said Tolbert property a distance of 204.0 feet to a point marked by an iron pin set at the Northwest corner of said Tolbert property a distance of 204.0 feet and to a point marked by an iron pin set at the Northwest corner of said Tolbert tract; thence continue to run due West a distance of 68.09 feet to a point marked by an iron pin; thence run due North a distance of 359.99 feet and to a point marked by an iron pin set in the center of Dillon Lane; thence run in an Easterly direction with and along the centerline of Dillon Lane the following courses and distances; North 82 degrees 17 minutes 26 seconds East 77.1 feet; North 88 degrees 10 minutes 51 seconds East 55.0 feet; South 78 degrees 12 minutes 1 second East 30.0 feet; and South 70 degrees 39 minute 43 seconds East 70.0 feet and back to the Point of Beginning.
Tract Two (2):
Also, a tract or parcel of land lying and being in Land Lot No. 153 in the 11th District and 4th Section of Walker County, Georgia, and described as follows: Beginning at a point marking the Southwest corner of Tract I above; thence run due West a distance of 60.5 feet to a point; thence run due North a distance of 354.39 feet and to a point in the centerline of that 20 foot wide right of way easement known as Dillon Lane; thence in an Easterly direction with and along the centerline of Dillon Lane the following courses and distances: North 86 degrees 12 minutes 38 seconds East 22.95 feet; and North 82 degrees 17 minutes 26 seconds East 37.9 feet and to a point in the center of Dillon Lane marking the Northwest corner of Tract One above; thence turn from the centerline of Dillon Lane and run due South a distance of 359.99 feet along and with the West line of Tract One and back to the Point of Beginning.
For prior title see deed in Deed Book 1184, Page 738, in the Office of the Clerk of Superior Court, of Walker County, Georgia. See also deed recorded in Deed Book 1234, Page 694 and deed recorded in Deed book 1365, Page 254, its the Office of the Clerk of Superior Court, of Walker County, Georgia.
This conveyance is made subject to the following:
Any governmental zoning and subdivision ordinances or regulations in effect thereon.
All applicable conditions, restrictions, reservations, easements, etc., as shown on said recorded plat.
Easement for Ingress and Egress and Utilities as set out in Deed Book 1298, Page 557, in the Office of the Clerk of Superior Court, of Walker County, Georgia.
Property known as: 7 Dillion Dr, Rising Fawn, GA 30738
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc. holds the Note and referenced Security Deed and services the loan on behalf of Federal Home Loan Mortgage Corporation, the current owner of your loan. Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
1000 Technology Drive
O`Fallon, MO 63368
Pursuant to O.C.G.A Section 44-14-162.2, nothing contained in this Notice of Sale shall obligate any entity to negotiate, amend, or modify said indebtedness.
To the best of the undersigned's knowledge and belief, the party in possession is Barbara E. Frank.
CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-fact for Barbara E. Frank.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
115 Perimeter Center Place
South Terraces, Suite 1000
Atlanta, GA 30346
Phone - 770-392-0398
Toll Free - 866-999-7088
Our File No. 12-53089-1