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gpn11 CN6465 Notice of Sale Under Power. State of Georgia, C ounty of CATOOSA. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by THOMAS GILLEY AND DEBORAH GILLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE FOR MORTGAGE INVESTORS GROUP , dated 04/30/2003, and Recorded on 05/02/2003 as Book No. 0984 and Page No. 0651, CATOOSA County, Georgia records, as last assigned to U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $173,907.00, 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 CATOOSA County Courthouse 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 ORIGINAL LAND LOTS NUMBER ONE HUNDRED SIX (106) AND ONE HUNDRED SEVEN (107) IN THE 28TH DISTRICT AND 3RD SECTION OF CATOOSA COUNTY, GEORGIA AND BEING FURTHER DESCRIBED AS LOT ELEVEN (11), OLD MILL TRACE, PHASE ONE (1), AS SHOWN BY PLAT RECORDED IN PLAT BOOK 17, PAGES 219 AND 220, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CATOOSA COUNTY, GEORGIA, FOR PRIOR TITLE SEE DEED RECORDED IN DEED BOOK 854, PAGE 748, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF CATOOSA COUNTY, GEORGIA, THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING: ALL APPLICABLE CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, ETC., AS SHOWN ON SAID RECORDED PLAT. ANY GOVERNMENTAL ZONING AND SUBDIVISION ORDINANCES OR REGULATIONS IN EFFECT THEREON. RESTRICTIONS OF RECORD IN BOOK 846, PAGE 47, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CATOOSA COUNTY, GEORGIA. BUILDING SETBACK REQUIREMENTS AS SHOWN OR SPECIFIED BY RECORDED PLAT. STIPULATIONS ON SAID RECORDED PLAT. SANITARY SEWER EASEMENT OF RECORD IN BOOK 525, PAGE 6, IN THE SAID CLERK'S OFFICE. COLONIAL GAS PIPELINE EASEMENT OF RECORD IN BOOK 118, PAGE 623, BOOK 189, PAGE 317, BOOK 263, PAGE 216 AND IN BOOK 236, PAGE 210, IN THE SAID CLERK'S OFFICE, AND AS SHOWN ON SAID RECORDED PLAT. FIVE (5) FOOT UTILITY EASEMENT AS SHOWN OR SPECIFIED BY SAID RECORDED PLAT. 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 TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST holds the duly endorsed Note and is the current assignee of the Security Deed to the property. CALIBER HOME LOANS, INC., acting on behalf of and, as necessary, in consultation with U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST (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, CALIBER HOME LOANS, INC. may be contacted at: CALIBER HOME LOANS, INC., 13801 WIRELESS WAY, OKLAHOMA CITY, OK 73134, 800 401 6587. 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. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 91 ROCKY RIVER ROAD, RINGGOLD, GEORGIA 30736 is/are: THOMAS GILLEY AND DEBORAH GILLEY 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 TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST as Attorney in Fact for THOMAS GILLEY AND DEBORAH GILLEY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005498936 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341 5398. 11-4,11,18,25
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