Newsbank Archive
July 23, 2014

gpn11 NOTICE OF SALE UNDER POWER GEORGIA, RABUN COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT

posted by claytonlegals

Where:

30525

Description:

gpn11 NOTICE OF SALE UNDER POWER GEORGIA, RABUN COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Bryan Lee Spivey to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns, dated April 24, 2009, recorded in Deed Book X34, Page 313, Rabun County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, N.A., as trustee for FDIC 2011-R1 Trust by assignment recorded in Deed Book U40, Page 24, Rabun County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FIFTEEN THOUSAND AND 0/100 DOLLARS ($215,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Rabun County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in August, 2014, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 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 attorneys fees (notice of intent to collect attorneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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 Bank of New York Mellon Trust Company, N.A., as trustee for FDIC 2011-R1 Trust is the holder of the Security Deed to the property in accordance with OCGA ? 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Nationstar Mortgage, LLC, 350 Highland Drive, Lewisville, TX 75067, 888-850-9398x3705. To the best knowledge and belief of the undersigned, the party in possession of the property is Bryan Lee Spivey or a tenant or tenants and said property is more commonly known as 384 Deer Haven Dr, Lakemont, Georgia 30552. 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 Bank of New York Mellon Trust Company, N.A., as trustee for FDIC 2011-R1 Trust as Attorney in Fact for Bryan Lee Spivey. McCalla Raymer, LLC, 1544 Old Alabama Road Roswell, Georgia 30076, www.foreclosurehotline.net, MR/def 8/5/14. Our file no. 5314813-FT2 EXHIBIT "A" All that tract or parcel of land lying and being in Land Lot 191 of the Thirteenth Land District of Rabun County, Georgia and being more particularly described as Lot 6 containing 3.00 acres of Deer Haven Subdivision as depicted on a plat of survey last revised May 3, 1999 and prepared by T. Lamar Edwards, Georgia Registered Land Surveyor No 1837. Said plat is of record in Plat Book 42, Page 243 in the office of the Clerk of Rabun Superior Court. Reference to said plat and the record thereof is for the express purpose of incorporating herein its description of said Lot 6 as depicted thereon. The above-described tract or parcel of land is hereby conveyed subject to those certain Restrictive Covenants dated April 15, 1999 and of record in Deed Book S-18, Page 208, aforesaid records. Also conveyed is a perpetual, non-exclusive easement for ingress and egress to and from the above-described tract or parcel of land over and across those certain subdivision roads of Deer Haven Subdivision and the extension of any other roads to the Long Laurel Ridge Drive, a public road. Said tract or parcel of land is hereby conveyed subject to the rights of others to use said road system contained in said subdivision. 7-10,17,24,31
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