Notice Content
STATE OF GEORGIA
COUNTY of GILMER
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from JONATHAN TREBONIK to TAYLOR, BEAN & WHITAKER MORTGAGE CORP. dated January 14, 2008, filed for record January 28, 2008, and recorded in Deed Book 1449, Page 148, GILMER County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 1508, Page 405, GILMER County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated January 14, 2008 in the original principal sum of TWO HUNDRED NINETY SIX THOUSAND TWO HUNDRED EIGHTY AND 0/100 DOLLARS ($296,280.00), 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 GILMER County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in December, 2015, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 287, 12TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, CONSISTING OF 2.03 ACRES AND BEING DESIGNATED AS LOT 44 OF FORREST CREEK AS SHOWN ON PLAT OF SURVEY FOR JDJ DEVELOPMENT, LLC. SAID PLAT, DATED APRIL 18, 2007, PREPARED BY LANE S. BISHOP, GEORGIA REGISTERED LAND SURVEYOR NO. 1575, IS RECORDED IN PLAT BOOK 49, PAGE 152, GILMER COUNTY, GEORGIA RECORDS, WITH REFERENCE MADE THERETO FOR THE PURPOSE OF INCORPORATING THE SAME.
CONVEYANCE OF THE ABOVE DESCRIBED PROPERTY IS SUBJECT TO THE FOLLOWING:
(1) DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR FORREST CREEK SUBDIVISION DATED JUNE 5, 2007 BY JDJ DEVELOPMENT, LLC, AS RECORDED IN DEED BOOK 1390, PAGE 356, GILMER COUNTY, GEORGIA RECORDS; AND AS RECORDED IN DEED BOOK 1409, PAGE 350, AFORESAID RECORDS.
(2) ALL EASEMENTS AND RESTRICTIONS OF RECORD, INCLUDING BUT NO LIMITED TO EASEMENTS SHOWN ON THE ABOVE REFERENCED PLAT, AND AS CONVEYED IN THAT CERTAIN WARRANTY DEED DATED MAY 10, 2001 FROM JOHN BELCHER AND JOYCE ELLEN BELCHER TO KAREN A. RICHARDS, AS RECORDED IN DEED BOOK 774, PAGE 419, GILMER COUNTY, GEORGIA RECORDS;
(3) FORTY (40) FOOT EASEMENT FOR ROADS AND UTILITIES AS SHOWN ON PLAT OF SURVEY FOR FORREST CREEK, PREPARED BY E. MARTIN SMITH, GEORGIA REGISTERED LAND SURVEYOR NO. 923, RECORDED IN PLAT BOOK 15, PAGE 108, GILMER COUNTY, GEORGIA RECORDS AND AS SHOWN ON PLAT OF SURVEY FOR RONALD E. PHILLIPS AND SANDRA W. PHILLIPS, DATED JULY 31, 2006, PREPARED BY LARRY W. GROGAN, GEORGIA REGISTERED LAND SURVEYOR NO. 1649, RECORDED IN PLAT BOOK 47, PAGE 177, GILMER COUNTY, GEORGIA RECORDS.
THE ABOVE DESCRIBED PROPERTY IS A PORTION OF THAT WHICH WAS CONVEYED BY WARRANTY DEED DATED MAY 25, 2007 FROM LONNIE COOPER TO JDJ DEVELOPMENT, LLC AS RECORDED IN DEED BOOK 1384, PAGE 265-273, GILMER COUNTY, GEORGIA RECORDS.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is JONATHAN TREBONIK or a tenant or tenants. Said property may more commonly be known as: LOT 44, FOREST CREEK, TALKING ROCK, GA 30540.
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 attorney's fees (notice of intent to collect attorney's fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is ROUNDPOINT MORTGAGE SERVICING CORPORATION, 5016 PARKWAY PLAZA BLVD, SUITE 200, CHARLOTTE, NC 28217; (877) 426-8805.
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.
TAYLOR BEAN & WHITAKER MORTGAGE CORP
As Attorney-in-Fact for
JONATHAN TREBONIK
Phelan Hallinan Diamond & Jones, PLLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
Telephone: 770-393-4300
Fax: 770-393-4310
PH # 25670
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
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