Notice Content
Notice of Sale
Under Power.
State of Georgia,
County of GWINNETT.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by DAVID J. STEWART to HOUSEHOLD REALTY CORPORATION , dated 08/25/2008, and Recorded on 08/29/2008 as Book No. 49050 and Page No. 0056, GWINNETT County, Georgia records, as last assigned to U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST (the Secured Creditor), by assignment, conveying the afterdescribed property to secure a Note of even date in the original principal amount of $112,995.55, 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 GWINNETT County Courthouse within the legal hours of sale on the first Tuesday in June, 2016, the following described property: ALL THAT TRACT AND PARCEL OF LAND LYING AND BEING IN LAND LOT 190 OF THE 6TH DISTRICT OF GWINNETT COUNTY, GEORGIA, BEING LOT 17, BLOCK C, UNIT THREE OF THE NORTHEAST ESTATES SUBDIVISION AS PER PLAT OF RECORD IN PLAT BOOK J, PAGE 197, GWINNETT COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN LOCATED ON THE SOUTHWESTERN SIDE OF THE 60FOOT RIGHTOFWAY OF GALE DRIVE, 578.7 FEET SOUTHEASTERLY AS MEASURED ALONG SAID RIGHTOFWAY FROM THE INTERSECTION FORMED BY THE SOUTHWESTERN SIDE OF SAID RIGHTOFWAY AND THE SOUTHEASTERN SIDE OF THE RIGHTOFWAY OF BREEEZY CIRCLE; SAID POINT OF BEGINNING ALSO BEING THE EASTERN CORNER OF LOT 18, SAID BLOCK, UNIT AND SUBDIVISION; THENCE RUNNING SOUTHEASTERLY ALONG THE SOUTHWESTERN SIDE OF THE RIGHTOFWAY OF GALE DRIVE A DISTANCE OF 95.0 FEET TO AN IRON PIN AT THE NORTHERN CORNER OF LOT 16, SAID BLOCK, UNIT AND SUBDIVISION; THENCE RUNNING SOUTHWESTERLY ALONG THE LINE OF DIVIDING LOTS 16 AND 17 A DISTANCE OF 168.1 FEET TO AN IRON PIN AT THE WESTERN CORNER OF SAID LOT 16; THENCE RUNNING NORTHWESTERLY A DISTANCE OF 95.0 FEET TO AN IRON PIN AT THE SOUTHERN CORNER OF SAID LOT 18; THENCE RUNNING NORTHEASTERLY ALONG THE LINE DIVIDING SAID LOTS 17 AND 18 A DISTANCE OF 163.3 FEET TO THE IRON PIN LOCATED AT THE POINT OF BEGINNING, AND AT SAID POINT FORMING AN INTERIOR ANGLE OF CLOSURE OF 93 DEGREES 32 MINUTES. TAX MAP OR PARCEL ID NO.; R6190 087. 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 TRUST, N.A., AS TRUSTEE FOR LSF8 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 LSF8 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. 4414162.2, CALIBER HOME LOANS, INC. may be contacted at: CALIBER HOME LOANS, INC., 13801 WIRELESS WAY, OKLAHOMA CITY, OK 73134, 8004016587. 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 1126 GALE DR, NORCROSS, GEORGIA 30093 is/are: DAVID J. STEWART 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 TRUST, N.A., AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST as Attorney in Fact for DAVID J. STEWART. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005962485 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 3415398.
950-417777, 5/12,19,26,6/2
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