Details for 260 CINDY STREET

Updated

STATE OF GEORGIA butts COUNTY NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from SECURITY DEED DATED SEPTEMBER 16, 1998, FROM JAMES EDWARD SMITH TO WHC MORTGAGE CORPORATION, IN THE PRINCIPAL AMOUNT OF $68,800.00, AS RECORDED NOVEMBER 19, 1998, AT DEED BOOK 250, PAGE 568, BUTTS COUNTY, GEORGIA RECORDS. AS CORRECTED AND RE-RECORDED DECEMBER 10, 1998, AT DEED BOOK 252, PAGE 18, BUTTS COUNTY, GEORGIA RECORDS. as LAST TRANSFERED TO WHITE KNIGHT FUNDING GROUP, LLC BY ASSIGNMENT RECORDED AT DEED BOOK 817, PAGE 553 BUTTS COUNTY, GEORIGA RECORDS., said Deed to Secure Debt having been given to secure a Note dated SEPTEMBER 16, 1998 in the original principal sum of Sixty-Eight Thousand Eight Hundred and 00/100 Dollars (U.S. $68,800.00),, with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at butts County, Georgia, within the legal hours of sale on the first Tuesday in JUNE, 2020. (June 2, 2020) the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 612TH G.M.D. DISTRICT, BUTTS COUNTY, GEORGIA, IN THE CITY OF JACKSON, BEING LOTS 42 AND 43, T. A. CARMICHAEL, JR. PROPERTY SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 4, PAGE 200, BUTTS COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY ADOPTED AND MADE A PART HEREOF BY REFERENCE THERETO FOR A MORE COMPLETE DESCRIPTION OF SAID PROPERTY. SAID PROPERTY BEING IMPROVED PROPERTY NOW OR FORMERLY KNOWN AS 260 CINDY STREET, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING IN BUTTS COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IDENTIFIED AS BEING THE SOUTHWEST CORNER OF LOT 41, SAID SUBDIVISION AND PLAT, AND SAME BEING THE NORTHWEST CORNER OF SAID LOT 42 AS SHOWN BY SAID PLAT ON THE EAST BOUNDARY OF CINDY STREET; THENCE FROM SAID POINT OF BEGINNING SOUTH ALONG THE EAST BOUNDARY OF SAID CINDY STREET 144 FEET TO A POINT LOCATED ON THE EAST BOUNDARY OF CINDY STREET; THENCE EAST ALONG THE NORTH BOUNDARY OF SAID CINDY STREET A DISTANCE OF 132 FEET TO A POINT WHICH POINT IS THE SOUTHWEST CORNER OF LOT 44, SAID SUBDIVISION AND PLAT; THENCE NORTH 0 DEGREE 15 MINUTES EAST A DISTANCE OF 165 FEET, MORE OR LESS, TO A POINT, WHICH POINT IS THE SOUTHEAST CORNER OF SAID LOT 41; THENCE NORTH 09 DEGREES 45 MINUTES WEST A DISTANCE OF 173.8 FEET TO A POINT LOCATED ON THE EAST SIDE OF CINDY STREET WHICH IS THE POINT OF BEGINNING. SAID PROPERTY BEING BOUNDED ON THE NORTH BY LOT 41; ON THE EAST BY LOTS 40 AND 44; ON THE SOUTH BY CINDY STREET; AND ON THE WEST BY CINDY STREET. BEING THE SAME PROPERTY AS THAT CONVEYED BY WARRANTY DEED DATED September 4, 1976, FROM CARTER BUILDER'S SUPPLY, INC. TO JAMES EDWARD SMITH AND ORA MAE MYRICKS SMITH (TENANTS IN COMMON), AS RECORDED September 7, 1976, AT DEED BOOK 62, PAGE 99, BUTTS COUNTY, GEORGIA RECORDS. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. 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 Note and Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). White Knight Funding Group, LLC is the current owner of the loan. Said property is commonly known as 260 CINDY STREET, JACKSON, GA 30233 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): JAMES EDWARD SMITH, ORA MAE SMITH or tenant or tenants. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Madison Management Services, LLC, 400 Morris Avenue, Ste 222, Denville, NJ 07834 (877-563-4164 ). Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. 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. White Knight Funding Group, LLC., Attorney-in-Fact for JAMED EDWARD SMITH Cruikshank Ersin, LLC Attorneys at Law 6065 Roswell Road, Ste 680 Atlanta, GA 30328 770-884-8184 Fax 770-884-8114 950-639691, 5/6,13,20,27

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