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Notice of Sale Under Power. State of Georgia, County of FANNIN. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by LORETTA R. PAYNE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE FOR U.S. BANK, N.A., ITS SUCCESSORS AND ASSIGNS , dated 08/08/2008, and Recorded on 09/19/2008 as Book No. 860 and Page No. 548559, FANNIN County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION (the Secured Creditor), by assignment, conveying the afterdescribed property to secure a Note of even date in the original principal amount of $89,827.00, 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 FANNIN County Courthouse within the legal hours of sale on the first Tuesday in March, 2016, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 238, 8TH DISTRICT, 1ST SECTION, FANNIN COUNTY, GEORGIA, CONSISTING OF 1.873 ACRES OF LAND, MORE OR LESS, AS SHOWN ON PLAT OF SURVEY FOR LORETTA PAYNE DATED JULY 25, 2003, RECORDED IN PLAT HANGER D25, PAGE 8, FANNIN COUNTY, GEORGIA RECORDS. SAID RECORDED PLAT IS INCORPORATED HEREIN BY REFERENCE THERETO FOR A MORE COMPLETE DESCRIPTION OF THE ABOVE DESCRIBED PROPERTY.
SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND RIGHTS OF WAY AS SHOWN ON ABOVE REFERENCE PLAT OR AS OTHERWISE APPEARING OF RECORD.
THERE IS CONVEYED HEREWITH A 30 FOOT EASEMENT FOR INGRESS AND EGRESS FROM LIBERTY HILL CHURCH ROAD TO SUBJECT PROPERTY AS SHOWN ON ABOVE REFERENCE PLAT.
SUBJECT TO RURAL POST ROADS RIGHTOFWAY RECORDED IN DEED BOOK 79, PAGE 140, AFORESAID RECORDS.
TOGETHER WITH AN IMPROVEMENT AND IMMOVABLE FIXTURE PERMANENTLY ATTACHED THERETO, A 2004 GENERAL PRODUCT MANUFACTURED HOME, VIN #GMHGA4380330745AB. 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 attorneys fees (notice of intent to collect attorneys fees having been given). U.S. BANK NATIONAL ASSOCIATION holds the duly endorsed Note and is the current assignee of the Security Deed to the property. U.S. BANK NATIONAL ASSOCIATION, acting on behalf of and, as necessary, in consultation with U.S. BANK NATIONAL ASSOCIATION (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. 4414162.2, U.S. BANK NATIONAL ASSOCIATION may be contacted at: U.S. BANK NATIONAL ASSOCIATION, 4801 FREDERICA ST, OWENSBORO, KY 42301, 8556987627. Please note that, pursuant to O.C.G.A. 4414162.2, 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 1152 LIBERTY HILL ROAD, BLAIRSVILLE, GEORGIA 30512 is/are: LORETTA R. PAYNE 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 913172.1, 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 Attorney in Fact for LORETTA R. PAYNE. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005754031 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 3415398.
Feb. 3-24
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