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Legal 37
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 Garrett Stevens to Mortgage Electronic Registration Systems, Inc. (“MERSâ€) as Nominee For Firstcity Mortgage Inc. Dba Eagle Mountain Services, dated 01/29/2004, and Recorded on 02/03/2004 as Book No. 504 and Page No. 114, as Affected By Order at Deed Book 1018, Page 133, Pike 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 $115,202.00, 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 March, 2016, the following described property:
All that tract or parcel of land containing 2.01 acres and lying and being in land lot 129 of the ninth land district of Pike County, Georgia and being more particularly described as follows: To find the point of beginning begin at a point on the northerly right of way line of day circle (a/k/a Smyrna Circle) at the intersection with the easterly property line of the property owned by William Shank and Paula Shank, being the same property conveyed from marion Clayton Crymes to William Shank and Paula Shank by warranty deed dated February 26, 1988 as recorded in deed book 110, page 135 Pike County Georgia records and also described in plat book 8, page 145 Pike County Georgia records said point also being 1,497.48 Feet west of the right of way of Smyrna Church Road; running thence south 82 degrees, 55 minutes, 52 seconds west 200.61 Feet along the northerly boundary line of day circle to an iron pin and the true point of beginning; from said true point of beginning running thence south 82 degrees, 55 minutes, 52 seconds west 201.60 Feet along the northerly boundary line of day circle to a point; running thence north 00 degrees, 09 minutes, 52 seconds east 449.88 Feet to an iron pin; running thence south 89 degrees, 50 minutes, 08 seconds east 200 feet to an iron pin; running thence south 00 degrees, 09 minutes, 52 seconds west 424.50 Feet to an iron pin on the northerly right of way of day circle and the point of beginning. All as shown, designated and described on a survey for Garrett Stevens and Katherine Stevens dated November 14, 2002 as prepared by Steve J. Reeves, S. J. Reeves & Associates, Inc. registered land surveyor.
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.Â
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 338 Day Street, Molena, Georgia 30258 is/are: Garrett Stevens 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. Â Â Â Â Â Â Â Â Â Â
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2)Â 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 Garrett Stevens.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
20130187406318
Barrett Daffin Frappier
Levine & Block, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341 5398.
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