Notice Content
NOTICE OF SALE
UNDER POWER
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
By virtue of the power of sale contained in that certain Deed to Secure Debt from NICHOLAS NEAL to LISA E.BALLARD, TRUSTEE OF THE ELIZABETH P. BROCK IRREVOCABLE TRUST dated the 16th day of January, 2015 and recorded in Deed Book 53341 at Page 283, in the Records of the Clerk of Superior Court, Gwinnett County, Georgia (the Security Deed), there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the first Tuesday in March, 2016, the following one parcel of described property, to wit:
All that tract or parcel of land lying and being in Land Lot 302 of the 5th District, Gwinnett County, being Tract 7, R.E. Hill Estate, as per plat recorded in Plat Book 33, Page 22, Gwinnett County, Georgia Records, said plat is by this reference being incorporated herein and made a part hereof for a more complete description.
The debt secured by said Security Deed 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 Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Lisa E. Ballard, Trustee of the Elizabeth P. Brock Irrevocable Trust, 5524 Reynolds Street, Savannah, Georgia 31405. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Nicholas Neal or a tenant or tenants. 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.
LISA E. BALLARD, TRUSTEE OF THE ELIZABETH P. BROCK IRREVOCABLE TRUST,
Attorney-in-Fact for Nicholas Neal
Kelly O. Faber, Esq.
MAHAFFEY PICKENS TUCKER, LLP
1550 North Brown Road
Suite 125
Lawrenceville, Georgia 30043
(770) 232-0000
950-310599, 2/4,11,18,25
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