By virtue of a Power of Sale contained in that certain Security Deed from CLAUDE E. LITTLETON AND RAYNELL A. LITTLETON to FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN, dated August 26, 2005, recorded September 27, 2005, in Deed Book 1360, Page 413-425, Walker County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Ten Thousand and 00/100 dollars ($110,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH4, ASSETBACKED CERTIFICATES, SERIES 2005-FH4, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Walker County, Georgia, within the legal hours of sale on the first Tuesday in June, 2011, all property described in said Security Deed including but not limited to the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NO. 150, IN THE 9TH DISTRICT AND 4TH SECTION OF WALKER COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEING 42 ACRES, MORE OR LESS, AND BOUNDED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LAND LOT; THENCE SOUTH WITH THE ORIGINAL LINE OF SAID LOT 19.575 CHAINS; THENCE WEST 36.005 CHAINS TO A ROCK CORNER ON MISSION RIDGE; THENCE NORTH 41 PLUS 50 EAST, 26-59 CHAINS TO A ROCK CORNER ON THE ORIGINAL LINE OF SAID LOT; THENCE EAST WITH THE ORIGINAL LINE TO THE BEGINNING CORNER. THIS IS THE SAME PROPERTY CONVEYED BY MRS. E. E. CLEMENTS, ET AL, TO GOVER F. CLEMENTS AND J. K CLEMENTS, IN DEED BOOK 36, PAGE 330, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WALKER COUNTY, GEORGIA, WITH THE EXCEPTION OF THE TRACT HERETOFORE CONVEYED TO JOSEPH O. LOWE AND WIFE. LESS AND EXCEPT THE PROPERTY PREVIOUSLY CONVEYED IN WARRANTY DEED FROM JUEL THOMAS HASH, EXECUTOR AND TRUSTEE U/W OF HARRY THOMAS KININGHAM, SR., DECEASED, TO THOMAS WALTER BROWN, DIANE BROWN JOHNSON AND JAMES HENRY BROWN, JR., DATEDOCTOBER 27,1997, AND RECORDED IN DEED BOOK 846, PAGE 774, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WALKER COUNTY, GEORGIA; THE PROPERTY PREVIOUSLY CONVEYED IN WARRANTY DEED FROM JUEL THOMAS WASH, EXECUTOR AND TRUSTEE U/W OF HARRY THOMAS KININGHAM, SR,, DECEASED, TO STEVE GIBSON AND WENDY GIBSON, DATED OCTOBER 27, 1997,
AND RECORDED IN DEED BOOK 847, PAGE 83, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WALKER COUNTY, GEORGIA; AND THE PROPERTY PREVIOUSLY CONVEYED IN THE WARRANTY DEED FROM HARRY T. KININGHAM, SR., TO HARRY THOMAS KININGHAM, JR., DATED
APRIL 29,1982, AND RECORDED IN DEED BOOK 495, PAGE 428, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WALKER COUNTY, GEORGIA.
FOR PRIOR TITLE SEE DEED IN DEED BOOK 1317, PAGE 818, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WALKER COUNTY, GEORGIA.
THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING:
ANY GOVERNMENTAL ZONING AND SUBDIVISION ORDINANCES OR REGULATIONS IN EFFECT THEREON.
ALL APPLICABLE CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, ETC., AS SHOWN ON RECORDED PLAT.
RIGHT OF WAY GRANTED BY G. F. CLEMENTS AND J. V. CLEMENTS TO WALKER COUNTY, GEORGIA, DATED JULY 26, 1940, OF RECORD IN DEED BOOK 88, PAGE 27, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WALKER COUNTY, GEORGIA.
Said property is commonly known as 707 MISSION RIDGE ROAD, ROSSVILLE, GA 30741.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is CLAUDE E. LITTLETON AND RAYNELL A. LITTLETON, or tenants(s). 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. THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH4, ASSETBACKED CERTIFICATES, SERIES 2005-FH4
as Attorney in Fact for
CLAUDE E. LITTLETON AND RAYNELL A. LITTLETON
Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070
Telephone Number: 800-720-3758
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 400, Norcross, GA 30092
Telephone Number: (877) 813-0992 Case No. BAC-11-03585-1
May 11, 18, 25, June 1