Walker County Messenger
Walker County

Dec 05, 2012 | 232 views | email to a friend | print





Under and by virtue of the Power of Sale contained in a Security Deed given by Terry L. Taylor and Elizabeth C. Taylor to BAYROCK MORTGAGE CORP., dated October 31, 2001, recorded on November 8, 2001 in Deed Book 1054, Page 198-214, Walker County, Georgia Records, said Security Deed having been last sold, assigned, transferred and conveyed to Alliance Realty Capital, LLC, the secured creditor, by Assignment conveying the after-described property to secure a Note in the original principal amount of Fifty-Eight Thousand Five Hundred and 00/100 DOLLARS ($58,500.00), with interest thereon as set forth therein, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on January 2, 2013 during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:

All that tract or parcel of land lying and being in Original Land Lot 44, in the 7th District and 4th Section of Walker County, Georgia, being part of Block "Q", Lafayette Highlands Subdivision, in the City of Lafayette, Georgia, and described as follows: BEGINNING at a point located on the East right of way line of Flora Street, a distance of 82 feet as measured along the East right of way line of Flora Street North of the point of intersection of East right of way line of Flora Street and the North right of way line of Henderson Street, said BEGINNING point the Northwest corner of the property described in a Deed dated December 6, 1974, from Cecil Watts to James L. Watson and wife, Pamela U. Watson, in Deed Book 403, page 662, in the Office of the Clerk of Superior Court of Walker County, Georgia, and from the said BEGINNING point, running thence North 05 degrees East, along and with the East line of Flora Street a distance of 82 feet; thence South 85 Degrees East, parallel to the North line of Henderson Street, a distance of 125 feet; thence South 05 degrees West, parallel to the East line of Flora Street, a distance of 82 feet to the Northeast Corner of the above described Watson Property; thence North 86 Degrees West, along the North line of said Watson Property, a distance of 125 Feet to the point of BEGINNING. Being the same property in Deed to Denise A. Snyder in Deed Book 786-779, Walker County Deed Records. For Prior title Deed recorded in Book 1022, page 608, in the Office of the Clerk of the Superior Court of Walker County, Georgia. THIS CONVEYANCE MADE SUBJECT TO THE FOLLOWING: Subject to all notes, stipulations, restrictions, easements, conditions, and regulations as set out on recorded plat. Any governmental zoning and subdivision ordinances in effect thereon.

Said property is known as 206 Flora Street, LaFayette, GA 30728, together with all fixtures and personal property attached to and constituting a party of said property, if any.

Said property will be sold as the property of Terry L. Taylor and Elizabeth C. Taylor, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Terry L. Taylor and Elizabeth C. Taylor or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, 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 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.

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 of the audit of the status of the loan as provided immediately above.

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 Security Deed and by law, including, without limitation, attorneys' fees. Notice has been given of intention to collect attorneys' fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law.

Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above-described mortgage on behalf of the secured creditor, Alliance Realty Capital, LLC, is as follows: FCI Lender Services, 8180 East Kaiser Blvd., Anaheim Hills, CA 92808, (714) 282-2424. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.

Alliance Realty Capital, LLC

as Attorney in Fact for

Terry L. Taylor and Elizabeth C. Taylor

Morris,Hardwick,Schneider, LLC

1301 Hightower Trail, Suite 305

Sandy Springs, Georgia 30350