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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 KIRK BARKER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR UNITED COMMUNITY MORTGAGE SERVICES, INC., ITS SUCCESSORS AND ASSIGNS , dated 02/13/2009, and Recorded on 02/23/2009 as Book No. 877 and Page No. 325340, 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 $141,600.00, 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 April, 2016, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 79, IN THE 7TH DISTRICT, AND 1ST SECTION OF FANNIN COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF THE PROPERTY CONVEYED AT AN IRON PIN ON THE OLD FENCE ROW OF STANLEY DAVES PROPERTY LOCATED APPROXIMATELY 300 FEET FROM THE WEST END OF BRIDGE CROSSING CRAWFORD CREEK AND FROM SAID POINT OF BEGINNING RUNNING THENCE IN A SOUTHERLY DIRECTION 150 FEET ALONG ROADWAY OF SILVIE CRAWFORD TO AN IRON PIN; THENCE WESTERLY DIRECTION A DISTANCE OF 250 FEET TO AN IRON PIN; THENCE NORTHERLY DIRECTION A DISTANCE OF 150 FEET TO OLD FENCE ROW ON THE STANLEY DAVES PROPERTY LINE, THENCE EAST ALONG THE OLD FENCE A DISTANCE OF 250 FEET TO THE POINT OF BEGINNING, CONTAINING BY ESTIMATION ONE (1) ACRE, MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS AND RIGHT OF WAY FOR PUBLIC ROADS, IF ANY. ALSO SUBJECT TO FANNIN COUNTY, GEORGIA SUBDIVISION AND MOBILE HOME REGULATIONS, IF ANY.
ALSO CONVEYED HEREWITH IS THAT CERTAIN RIGHT TO OBTAIN WATER FROM A SPRING LOCATED APPROXIMATELY 700 FEET SOUTHWEST OF THE PROPERTY CONVEYED.
BEING THE SAME PROPERTY CONVEYED TO KIRK BARKER FROM LEE E. COX AND ANGELA COX IN DEED BOOK 349, PAGE 376 IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, FANNIN COUNTY, GEORGIA. 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 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 FEDERAL HOME LOAN MORTGAGE CORPORATION (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 18144 HWY 60, MORGANTON, GEORGIA 30560 is/are: KIRK BARKER 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 KIRK BARKER. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005792510 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 3415398.
March 9-30
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