Notice Content
STATE OF GEORGIA
COUNTY of FANNIN
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from JASON POSTELL, ARNOLD POSTELL and SUE POSTELL to CITIFINANCIAL SERVICES, INC. dated May 22, 2006, filed for record May 25, 2006, and recorded in Deed Book 722, Page 201, FANNIN County, Georgia Records, as last transferred to CITIFINANCIAL SERVICING LLC by assignment recorded in Deed Book 1128, Page 543, FANNIN County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated May 22, 2006 in the original principal sum of EIGHTY EIGHT THOUSAND NINE HUNDRED NINETY NINE AND 73/100 DOLLARS ($88,999.73), 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 FANNIN 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 April, 2016, the following described property:
REPORT NUMBER: 1298606 CLIENT NUMBER: 8874 CUSTOMER: POSTELL, JASON & POSTELL, ARNOLD & POSTELL, SUE
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 9TH DISTRICT AND 2ND SECTION OF FANNIN COUNTY, GEORGIA AND BEING A PART OF LAND LOT NUMBER 226, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN LOCATED AT THE SOUTHWEST CORNER OF THE PROPERTY HEREIN CONVEYED, SAID IRON PIN BEING LOCATED ON THE DONNIE AND ELLEN POPE PROPERTY LINE AND BEING LOCATED NORTH 80 DEGREES 00 MINUTES EAST A DISTANCE OF 319 FEET, MORE OR LESS, FROM A POINT WHERE THE NORTHERLY SIDE OF THE PRIVATE DRIVEWAY LEADING TO THE JESS POSTELL HOMEPLACE INTERSECTS WITH GEORGIA STATE HIGHWAY NUMBER 2; THENCE NORTH 25 DEGREES 20 MINUTES WEST A DISTANCE OF 210.4 FEET TO AN IRON PIN; THENCE NORTH 60 DEGREES 45 MINUTES EAST A DISTANCE OF 760 FEET TO AN IRON PIN LOCATED ON TOP OF THE RIDGE; THENCE IN A SOUTHERLY DIRECTION ALONG AND WITH THE TOP OF SAID RIDGE A DISTANCE OF 600 FEET, MORE OR LESS, TO AN IRON PIN, THE TRAVERSE LINES BETWEEN SAID IRON PINS BEING AS FOLLOWS: SOUTH 55 DEGREES 17 MINUTES WEST A DISTANCE OF 40 FEET, SOUTH 52 DEGREES 51 MINUTES WEST A DISTANCE OF 81.6 FEET, SOUTH 50 DEGREES 49 MINUTES WEST A DISTANCE OF 118.6 FEET, SOUTH 24 DEGREES 52 MINUTES WEST A DISTANCE OF 115 FEET, SOUTH 01 DEGREE 01 MINUTE WEST A DISTANCE OF 125.8 FEET, AND SOUTH 14 DEGREES 55 MINUTES WEST A DISTANCE OF 119 FEET TO SAID IRON PIN; THENCE NORTH 36 DEGREES 37 MINUTES WEST A DISTANCE OF 221 FEET TO AN IRON PIN; THENCE SOUTH 45 DEGREES 32 MINUTES WEST A DISTANCE OF 297 FEET TO THE POINT OF BEGINNING, CONTAINING 2 ACRES OF LAND.
A PLAT AND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE BY ROY GIBSON, DEPUTY COUNTY SURVEYOR, IN APRIL, 1978, AND SAID PLAT IS RECORDED IN PLAT BOOK 9, PAGE 75, OFFICE OF THE CLERK OF THE SUPERIOR COURT FOR FANNIN COUNTY, GEORGIA. SAID RECORDED PLAT IS INCORPORATED HEREIN BY REFERENCE THERETO FOR A MORE COMPLETE DESCRIPTION OF THE ABOVE DESCRIBED PROPERTY.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is JASON POSTELL and ARNOLD POSTELL or a tenant or tenants. Said property may more commonly be known as: 8238 HWY 2, EPWORTH, GA 30541.
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 CITIFINANCIAL SERVICING LLC, 1000 TECHNOLOGY DRIVE, O FALLON, MO 63368; (877) 245-2514.
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.
CITIFINANCIAL SERVICING LLC As Attorney-in-Fact for JASON POSTELL, ARNOLD POSTELL, SUE POSTELL.
Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 24823
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
March 9-30
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