Under and by virtue of the Power of Sale contained in a Security Deed given by Donald Wesley Williams and Phyllis Williams to Mortgage Electronic Registration Systems, Inc, dated November 22, 2005, recorded on December 28, 2005 in Deed Book 411, Page 711-730, Appling 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 Eighty Thousand and 00/100 DOLLARS ($80,000.00), 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, being and situate in Land Lot 331 in the Second Land District of Applying County, Georgia, consisting of 0.75 acre, more or less, and being more particularly described as follows: Commencing at the Southwest original lot corner of said lot; thence East along the Southern lot line 856.61 feet to the Northwestern boundary of Patterson Road; thence Northeasterly 725.04 feet along the Northwestern boundary of Patterson Road to said point of beginning; thence North 41 degrees 0 minutes East 140.67 feet; thence North 31 degrees 0 minutes West 180 feet; thence South 41 degrees 0 minutes West 140.87 feet; thence South 30 degrees 50 minutes East 180 feet to said point of beginning. Bound now or formerly as follows: Northwesterly by lands of Bill Spell; Northeasterly by Steven Spell; Southeasterly by Patterson Road; and Southwesterly by and AT&T easement. This being a portion of the tract of land described on a survey and plat thereof by Allen T. Beach, dated November 20, 1978, recorded in Plat Book 9A, page 127, Appling County Records. This being the same property conveyed from Mildred Collett and Jeanne Spell to Jennifer Joiner Bass by deed dated July 26, 1999, recorded in Deed Book 327, page 661, Appling County Roads.
Said property is known as 548 Patterson Road, Baxley, GA 31513, 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 Donald Wesley Williams and Phyllis Williams, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Donald Wesley Williams and Phyllis Williams 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
Donald Wesley Williams and Phyllis Williams
1301 Hightower Trail, Suite 305
Sandy Springs, Georgia 30350
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This is an attempt to collect a debt and any information obtained may be used for that purpose.
GAFC - Notice of Sale
2012-11-20 @ 07:29:51 / LP
12-5, 12-12, 12-19, 2-19 & 12-26ch
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