Date Listed: July 8
Newspaper ID #2548764
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STATE OF GEORGIA COUNTY OF MUSCOGEE NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated July 26, 2001, executed by Claude Ashmore and Willie Jean Ashmore to Lendmark Financial Services, Inc., recorded in Deed Book 5992, Page 17, Muscogee County, Georgia Deed Records, and securing a Note in the original principal amount of $58,500.00, said Security Deed last having been assigned to BRANCH BANKING AND TRUST COMPANY, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in August, 2014 to-wit: August 5, 2014, during the legal hours of sale, before the Muscogee County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property: ALL THAT LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN MUSCOGEE COUNTY, GEORGIA, AND BEING KNOWN AND DESIGNATED AS A PART OF LOT 266 IN THE NINETEENTH DISTRICT OF SAID COUNTY AND SHOWN ON A MAP OR PLAT RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF MUSCOGEE COUNTY, GEORGIA, IN PLAT BOOK 4, FOLIO 134, AND DESIGNATED THEREON AS PARCEL ÒBÓ AND CONTAINED WITHIN THE FOLLOWING METES AND BOUNDS, TO WIT: COMMENCING AT AN IRON LOCATED ON THE NORTHWESTERLY SIDE OF THE HAMILTON ROAD THREE HUNDRED NINETY-EIGHT AND ONE-TENTH (398.1) FEET NORTH 61 DEGREES EAST FROM THE SOUTHEASTERLY CORNER OF THE LAND NOW OR FORMERLY OWNED BY ONE STRANGE; THENCE NORTH 01 DEGREES 53 MINUTES WEST A DISTANCE OF TWO HUNDRED TWENTY AND EIGHT-TENTHS (220.8) FEET TO AN IRON; THENCE NORTH 88 DEGREES 07 MINUTES EAST A DISTANCE OF SEVENTY (70) FEET TO AN IRON; THENCE SOUTH 01 DEGREE 53 MINUTES EAST A DISTANCE OF ONE HUNDRED EIGHT-FIVE (185) FEET TO AN IRON LOCATED ON THE NORTHWESTERLY SIDE OF SAID HAMILTON ROAD; THENCE SOUTH 61 DEGREES WEST ALONG THE NORTHWESTERLY SIDE OF SAID HAMILTON ROAD A DISTANCE OF SEVENTY-EIGHT AND SIX-TENTHS (78.6) FEET TO THE POINT OF BEGINNING, CONTAINING SIXTY-FIVE ONE-HUNDREDTHS (.65) OF AN ACRE. The aforedescribed real property is also known as 8791 Veterans Parkway, Midland, GA 31820, according to the present system of numbering houses in Muscogee County, Georgia. This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale. The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Green Tree Servicing LLC, Attn: Loss Mitigation, 7360 S. Kyrene Road, Mail Stop P-214, Tempe, AZ 85283. The telephone number is (877) 337-4141. The fax number is (877) 265-9717. Said real 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Upon information and belief, said real property is presently in the possession or control of CLAUDE ASHMORE AND WILLIE JEAN ASHMORE and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law. BRANCH BANKING AND TRUST COMPANY as Attorney-in-Fact for CLAUDE ASHMORE AND WILLIE JEAN ASHMORE Ellis, Painter, Ratterree & Adams LLP 2 East Bryan Street, 10th Floor Savannah, Georgia 31401 (912) 233-9700 THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Pub:July8,15,22&29,2014(2548764)
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