Newsbank Archive
August 01, 2014

gpn11 STATE OF GEORGIA COUNTY of RABUN NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from CYNTHIA S

posted by claytonlegals

Where:

30525

Description:

gpn11 STATE OF GEORGIA COUNTY of RABUN NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from CYNTHIA S. MORGAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CAPITAL CITY MORTGAGE INVESTMENTS, INC. dated June 15, 2012, filed for record June 25, 2012, and recorded in Deed Book N38, Page 138, RABUN County, Georgia Records, as last transferred to GUARANTY TRUST COMPANY by assignment recorded in Deed Book P40, Page 186, RABUN County, Georgia Records, said Deed to Secure Debt having been given to secure a Note dated June 15, 2012 in the original principal sum of TWO HUNDRED FORTY EIGHT THOUSAND AND 0/100 DOLLARS ($248,000.00), 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 RABUN County, Georgia, within the legal hours of sale on the first Tuesday in August, 2014, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NUMBER 117 OF THE SECOND LAND DISTRICT OF RABUN COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: FOR A FULL AND COMPLETE DESCRIPTION OF THE REAL PROPERTY BEING HEREBY CONVEYED, REFERENCE IS HEREBY HAD AND MADE TO A PLAT OF SURVEY DATED JANUARY 16, 2003 AND PREPARED BY WILLIAM F. ROLADER, GEORGIA REGISTERED LAND SURVEYOR NUMBER 2042. THE REAL PROPERTY BEING CONVEYED IS LOT 4, PHASE 3 OF CHESTNUT COVE SUBDIVISION CONTAINING 2.27 ACRES. SAID PLAT IS OF RECORD IN PLAT BOOK 48, PAGE 92 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 LOT 4, PHASE 3 OF CHESTNUT COVE SUBDIVISION CONTAINING 2.27 ACRES AS DEPICTED THEREON. NOTE: SAID PLAT SHOWS MOUNTAINSIDE DRIVE WITH A THIRTY (30) FOOT WIDE RIGHT OF WAY AND OAKEY MOUNTAIN ROAD, WITH A THIRTY (30) FOOT WIDE RIGHT OF WAY. SAID ABOVE DESCRIBED LOT 4, PHASE 3 OF CHESTNUT COVE SUBDIVISION IS CONVEYED SUBJECT TO THOSE PORTIONS OF THE SAME THAT LIE WITHIN THE RIGHT OF WAY OF OAKEY MOUNTAIN ROAD. ALSO CONVEYED AS AN EASEMENT APPURTENANT TO SAID ABOVE DESCRIBED 2.27 ACRE TRACT OF LAND IS A PERPETUAL, NON-EXCLUSIVE ROAD RIGHT OF WAY EASEMENT AND UTILITY EASEMENT ALONG, OVER, ACROSS AND UNDER MOUNTAINSIDE DRIVE TO BLACKS BRANCH ROAD, A PUBLIC ROAD. THERE IS ALSO CONVEYED AS AN EASEMENT APPURTENANT TO SAID ABOVE DESCRIBED 2.2.7 ACRE TRACT OF LAND, A PERPETUAL, NONEXCLUSIVE ROAD RIGHT OF WAY OVER AND ACROSS OAKEY MOUNTAIN ROAD TO BLACKS BRANCH ROAD, A PUBLIC ROAD. MAINTENANCE COSTS ON SAID ROAD IN CHESTNUT COVE SUBDIVISION-PHASE 3 AND ON OTHER ROADS IN CHESTNUT COVE SUBDIVISION SHALL BE PAID BY THE PROPERTY OWNERS UNTIL SUCH TIME AS SUCH ROAD SYSTEM IS ACCEPTED BY THE RABUN COUNTY BOARD OF COMMISSIONERS AS A PART OF THE PUBLIC ROAD SYSTEM OF RABUN COUNTY, GEORGIA. NOTE: THE ABOVE PROPERTY IS TRANSFERRED AND CONVEYED SUBJECT TO A RESTRICTION WHICH SHALL BE CONSIDERED A COVENANT RUNNING WITH THE LAND THAT NO MOBILE HOMES, TRAILERS OR MODULAR HOMES MAY BE PLACED ON THE ABOVE DESCRIBED REAL PROPERTY. THERE IS ALSO CONVEYED ALL OF THE EASEMENT RIGHT CONTAINED IN A WATER RIGHTS EASEMENT AND AGREEMENT DATED MARCH 3, 2008 EXECUTED BY CALVIN L. WEBB AND J. ROY LOVELL AND RECORDED IN THE OFFICE OF THE CLERK OF RABUN SUPERIOR COURT IN DEED BOOK I33, PAGE 674-679. THIS CONVEYANCE IS MADE SUBJECT TO THE TERMS, CONDITIONS, EASEMENTS AND OBLIGATIONS CONTAINED IN THAT CERTAIN WATER RIGHTS EASEMENTS AND AGREEMENT DATED MARCH 3, 2008 EXECUTED BY CALVIN L. WEBB AND J. ROY LOVELL AND RECORDED IN THE OFFICE OF THE CLERK OF RABUN SUPERIOR COURT IN DEED BOOK 133, PAGE 674-679. To the best of the knowledge and belief of the undersigned, the party in possession of the property is CYNTHIA S. MORGAN or a tenant or tenants. Said property is more commonly known as: 237 MOUNTAINSIDE DRIVE, RABUN GAP, GA 30568. 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, including attorneys fees (notice of intent to collect attorneys fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is CENLAR FSB, 425 PHILLIPS BLVD, EWING, NJ 08618-1430; (877) 909-9416. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now 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 nonjudicial 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 in the preceding paragraph. Said property will be sold as the property of CYNTHIA S. MORGAN. GUARANTY TRUST COMPANY As Attorney-in-Fact for CYNTHIA S. MORGAN Phelan Hallinan & Jones, LLC, 303 Perimeter Center North, Suite 800, Atlanta, GA 30346, Telephone: 770-393-4300, Fax: 770-393-4310, PH # 18190 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. 7-10,17,24,31
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