NOTICE OF SALE UNDER POWER, WALKER COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by William W. Bell, III and Esther Bell to Beneficial Mortgage Co. of Georgia dated 8/14/2007 and recorded in Deed Book 1512 Page 109, WALKER County, Georgia records; as last transferred to Beneficial Mortgage Co. of Georgia, conveying the after-described property to secure a Note in the original principal amount of $ 85,992.49, 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 January 2, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
THE FOLLOWING DESCRIBED LOT. PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN WALKER COUNTY, GEORGIA. TO-WIT:
ALL THAT TRACT AND PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NO. 16, 8TH DISTRICT 4TH SECTION OF WALKER COUNTY. GEORGIA. BEGINNING AT A POINT. SAID POINT BEING THE SOUTHERLY MOST CORNER OF THE DAVID KELLEY TRACT, RECORDED IN DEED BOOK 711 PAGE 555-556, THENCE S 89 DECREES 53 MINUTES 47 SECONDS WEST, A DISTANCE OF 378.57 FEET TO A POINT LOCATED ON THE WESTERN RIGHT OF WAY LINE OF EAST LONGHOLLOW RD. THENCE FOLLOWING ALONG WITH SAID EAST RIGHT OF WAY LINE NORTH 11 DEGREES 40 MINUTES 33 SECONDS WEST, A DISTANCE OF 130.52 FEET TO A POINT MARKING THE SOUTHERN RIGHT OF WAY LINE AND FOLLOWING ALONG WITH SAID SOUTHERN RIGHT OF WAY LINE AND FOLLOWING ALONG WITH A CURVE TO THE RIGHT, SAID CURVE, THENCE SOUTH 40 DEGREES 26 MINUTES 59 SECONDS EAST, A DISTANCE OF 88.93 FEET TO A POINT MARKING THE BEGINNING OF A CURVE TO THE LEFT SAID CURVE HAVING A RADIUS OF 67.12; AND ARC LENGTH OF 93.69, THENCE NORTH 59 DEGREES 34 MINUTES 41 SECONDS EAST, A DISTANCE OF 105.82. THENCE NORTH 54 DEGREES 58 MINUTES 06 SECONDS EAST A DISTANCE OF 86.20 FEET TO A POINT MARKING A CURVE TO THE RIGHT. SAID CURVE HAVING A RADIUS OF 110.21, AN ARC LENGTH OF 74.12 TO A POINT, THENCE SOUTH 86 DEGREES 25 MINUTES 46 SECONDS EAST A DISTANCE OF 30.96 TO A POINT, THENCE LEAVING THE ABOVE MENTIONED SOUTHERN RIGHT OF WAY LINE, SOUTH 2 DEGREES 38 MINUTES 93 SECONDS WEST A DISTANCE OF 164.10 FEET TO THE POINT OF BEGINNING. BEING 0.88 ACRES.
TAX MAP OR PARCEL ID NO.: 0-334-014
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 attorney s fees (notice of intent to collect attorney s fees having been given). Beneficial Mortgage Co. of Georgia is the current owner of the loan.
Said property is commonly known as 297 E Long Hollow Road, Rock Spring, Georgia 30739 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): William W. Bell, III and Esther Bell or tenant or tenants.
HSBC Mortgage Services, Inc. is the entity or individual designated, who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.
HSBC Mortgage Services, Inc.
PO Box 9068
Brandon, FL 33509-9068
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
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.
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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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.
Beneficial Mortgage Co. of Georgia as agent and Attorney in Fact for William W. Bell, III and Esther Bell
Aldridge Connors, LLP, 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. 1021-677640