Notice Content
Legal 225
Notice of Sale Under Power.
State of Georgia,
County of Pike.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by James Matthew Stuart And Ashley Ann Stuart To Mortgage Electronic Registration Systems, Inc. (“MERSâ€) As Nominee For Southstar Funding, LLC , dated 08/10/2005, and Recorded on 08/17/2005 as Book No. 597 and Page No. 253‑269, Pike County, Georgia records, as last assigned to U.S. Bank National Association, As Trustee For Credit Suisse First Boston Mortgage Acceptance Corp., CSFB Mortgage‑Backed Pass‑Through Certificates, Series 2005‑11 (the Secured Creditor), by assignment, conveying the after‑described property to secure a Note of even date in the original principal amount of $112,800.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the Pike County Courthouse within the legal hours of sale on the first Tuesday in October, 2015, the following described property:
All that tract or parcel of land situate lying and being in land lot 34 and 63 of the 2nd land district of Pike County, Georgia, containing 2.0 acres and being more particularly described as lot 5 on the certain “Final plat of Highgrove Subdivision†dated 12/31/2003 prepared by Steve J. Reeves, RLS, being recorded in plat book 22, page 90, Pike County, Georgia records. Said plat is incorporated herein by reference thereto.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). U.S. Bank National Association, As Trustee For Credit Suisse First Boston Mortgage Acceptance Corp., CSFB Mortgage‑Backed Pass‑Through Certificates, Series 2005‑11 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. America's Servicing Company, acting on behalf of and, as necessary, in consultation with U.S. Bank National Association, As Trustee For Credit Suisse First Boston Mortgage Acceptance Corp., CSFB Mortgage‑Backed Pass‑Through Certificates, Series 2005‑11 (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. §44‑14‑162.2, America's Servicing Company may be contacted at: America's Servicing Company, 3476 Stateview Blvd, Fort Mill, SC 29715, 800‑288‑3212. Please note that, pursuant to O.C.G.A. § 44‑14‑162.2, the secured creditor is not required to amend or modify the terms of the loan.Â
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 287 Highgrove Drive, Zebulon, Georgia 30295 is/are: James Matthew Stuart And Ashley Ann Stuart or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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.
U.S. Bank National Association, As Trustee For Credit Suisse First Boston Mortgage Acceptance Corp., Csfb Mortgage‑Backed Pass‑Through Certificates, Series 2005‑11 as Attorney in Fact for James Matthew Stuart And Ashley Ann Stuart.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. 00000005456819
Barrett Daffin Frappier
Levine & Block, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341‑5398.
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