NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF WALKER
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by WILLIAM D HENSLEY AND DAWN M HENSLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC , dated 07/07/2006, and Recorded on 07/13/2006 as Book No. 1424 and Page No. 542-557, WALKER County, Georgia records, as last assigned to U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORP 2006-EMX8 (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $105,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the WALKER County Courthouse within the legal hours of sale on the first Wednesday in January, 2013, the following described property: FILE NO.: A6-1763
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NOS. 115 AND 116, IN THE 9TH DISTRICT AND 4TH SECTION OF WALKER COUNTY, GEORGIA, BEING KNOWN AND DESIGNATED AS LOTS EIGHTEEN (18) AND NINETEEN (19), LYTLE HILLS SUBDIVISION, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5, PAGE 206, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WALKER COUNTY, GEORGIA.
BEING THE SAME PROPERTY CONVEYED TO WILLIAM D HENSLEY AND WIFE, DAWN M HENSLEY, FOR AND DURING THEIR JOINT NATURAL LIVES, WITH THE REMAINDER EVER UPON DEATH OF EITHER OF THEM, TO THE SURVIVOR OF THEM, BY WARRANTY DEED RECORDED JUNE 9, 1997, OF RECORD IN DEED BOOK 831, PAGE 533, IN THE WALKER COUNTY, GEORGIA RECORDS. BEING THE SAME PROPERTY COMMONLY KNOWN AS: 35 HICKORY CIRCLE, ROSSVILLE, GA 30741. TAX ID NO: 0-157-074 The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney s fees (notice of intent to collect attorney s fees having been given). U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORP 2006-EMX8 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. AMERICA'S SERVICING COMPANY, acting on behalf of and, as necessary, in consultation with U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORP 2006-EMX8 (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44-14-162.2, AMERICA'S SERVICING COMPANY may be contacted at: AMERICA'S SERVICING COMPANY, 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 800-288-3212. Please note that, pursuant to O.C.G.A. 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 35 HICKORY CIRCLE, ROSSVILLE, GEORGIA 30741 is/are: WILLIAM D HENSLEY AND DAWN M HENSLEY or tenant/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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. 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 nonjudicial 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 in the preceding paragraph. U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORP 2006-EMX8 as Attorney in Fact for WILLIAM D HENSLEY AND DAWN M HENSLEY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20100134005447 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.