Newsbank Archive
July 24, 2014


posted by claytonlegals




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 Sandra L. Rousse to Mortgage Electronic Registration Systems, Inc., solely as nominee for Citizens Fidelity Mortgage Corp., its successors and assigns, dated June 28, 2007, recorded in Deed Book H32, Page 341, Rabun County, Georgia Records, as last transferred to M&T BANK by assignment recorded in Deed Book v40, Page 374, Rabun County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SIX THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($76,500.00), 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 attorney's fees (notice of intent to collect attorney's 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. M&T BANK 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: Bayview Loan Servicing, LLC, 4425 Ponce De Leon Blvd 5th Floor, Coral Gables, FL 33146, 954-590-7631. To the best knowledge and belief of the undersigned, the party in possession of the property is Sandra L. Rousse and Kenneth A Boyung or a tenant or tenants and said property is more commonly known as 79 Pebble Lane, Clayton, Georgia 30525. 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. M&T BANK as Attorney in Fact for Sandra L. Rousse McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076 MR/rr1 8/5/14. Our file no. 5197214-FT1 EXHIBIT "A" All that tract or parcel of land lying and being in Land Lot 9 of the Second Land District, Rabun County, Georgia and being 0.72 acre, shown on a plat of survey dated February 13, 1986, revised March 10, 1987, recorded in Plat Book 23, Page 266, Rabun County plat records. Said plat and the record of the same being incorporated herein by reference for a more full and complete description of the property herein conveyed. Said property is subject to those utility easements recorded in Deed Book X-2, Page 173 and Deed Book H-3, page 109, Clerk's Office, Rabun Superior Court. The property abuts that public road now or formerly known as Pebble Lane, City of Clayton, Rabun County, Georgia. 7-10,17,24,31
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