NOTICE OF FORECLOSURE SALE UNDER POWER
RABUN COUNTY, GEORGIA
Under and by virtue of the Power of Sale contained in a Security Deed given by Beverly Harden to Mortgage Electronic Registration Systems, Inc., as nominee for Primary Capital Advisors LC, dated April 21, 2006, and recorded in Deed Book Y29, Page 4, Rabun County, Georgia Records, subsequently modified by a Loan Modification Agreement recorded November 26, 2018 in Book T45, Page 69 in the amount of Five Hundred Thirty-Two Thousand Four Hundred Seventy-Three and 83/100 ($532,473.83) Rabun County, Georgia Records, as last transferred to MTGLQ Investors, L.P. by assignment recorded on May 6, 2016 in Book W42 Page 388 in the Office of the Clerk of Superior Court of Rabun County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Four Hundred Seventeen Thousand and 0/100 dollars ($417,000.00), 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, within the legal hours of sale on February 4, 2020, the following described property:
All of the leasehold interest in and to all that tract or parcel of land lying and being in Land Lot 129 of the 13th Land District of Rabun County, Georgia, and being designated as Georgia Power Company Lease Lot 39 Area 1 of Lake Rabun Recreational Development containing 1.62 acres as shown upon that certain plat of survey prepared by William F. Rolader, Georgia Registered Land Surveyor No. 2042, dated January 15, 2004, revised April 19, 2006, which is recorded in the office of the clerk of Rabun Superior Court in Plat Book 56, page 291. Reference is had and made to said plat and record of the same for a full and complete description of the herein described property.
There is also conveyed herewith all improvements, buildings and structures located on the above-referenced Georgia Power lease lot.
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).
The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Shellpoint Mortgage Servicing they can be contacted at 800-365-7107 for Loss Mitigation Dept, or by writing to 55 Beattie Place, Suite 110, Greenville, South Carolina 29601, to discuss possible alternatives to avoid foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Beverly Harden or tenant(s); and said property is more commonly known as 1007 Bear Gap Road, Lakemont, GA 30552.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure.
MTGLQ Investors, L.P. as Attorney in Fact for Beverly Harden.
Brock & Scott, PLLC, 4360 Chamblee Dunwoody Road, Suite 310, Atlanta, GA 30341, 404-789-2661
B&S file no.: 17-03418