Notice Content
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF GWINNETT
Under and by virtue of the power of sale contained with that certain Security Deed dated April 21, 2005, from Edgerton Hartwell to Bank of America, N.A., recorded on May 10, 2005 in Deed Book 42688 at Page 259, as last modified by Loan Modification Agreement recorded in Deed Book 50339, at Page 679, Gwinnett County, Georgia Records, having been last sold, assigned, transferred and conveyed to U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, by Assignment and said Security Deed having been given to secure a note dated April 21, 2005, in the amount of $1,014,400.00, having a loan modification amount of $1,106,688.63, said note and modification thereof being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Gwinnett County, Georgia, on June 7, 2016, the following described real property (hereinafter referred to as the Property): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN DUNCANS G.M.D. 1749, GWINNETT COUNTY, GEORIGA AND BEING 8.879 ACRES, MORE OR LESS, AS PER PLAT OF SURVEY PREPARED FOR PLANSOUTH, INC. DATED SEPTEMBER 8, 1999, BY R and V LAND SURVEYING, INC. AND CERTIFIED BY ANTHONY MARK VEAL, GRLS. NO 2651, AND BEING MORE PARTICILARLY DESCRIBDED AS FOLLOWS: BEGINNING AT AN IRON PIN FOUND ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THOMPSON MILL ROAD (80 FOOT RIGHT OF WAY) LOCATED SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST A DISTANCE OF 887.94 FEET FROM A CONCRETE COUNTY LINE MONUMENT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THOMPSON MILL ROAD; THENCE RUNNING SOUTH 13 DEGREES 12 MINUTES 40 SECONDS EAST A DISTANCE OF 693.71 FEET TO AN IRON PIN FOUND; RUNNING THENCE SOUTH 32 DEGREES 20 MINUTES 46 SECONDS EAST A DISTANCE OF 1082.80 FEET TO AN IRON PIN SET; RUNNING THENCE NORTH 62 DEGREES 07 MINUTES 09 SECONDS EAST A DISTANCE OF 103.47 FEET TO AN IRON PIN SET; RUNNING THENCE NORTH 21 DEGREES 34 MINUTES 00 SECONDS WEST A DISTANCE OF 1692.38 FEET TO AN IRON PIN FOUND ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THOMPSON MILL ROAD; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 81 DEGREES 10 MINUTES 59 SECONDS WEST A DISTANCE OF 209.72 FEET TO AN IRON PIN FOUND AND THE TRUE POINT OF BEGINNING. LESS AND EXCEPT THAT PROPERTY TAKEN BY THE TOWN OF BRASELTON BY FINAL ORDER OF THE SUPERIOR COURT OF GWINNETT COUNTY, STATE OF GEORGIA,RECORDED IN DEED BOOK 49208, AT PAGE 804, GWINNETT COUNTY, GEORGIA RECORDS. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys fees. Notice of intention to collect attorneys fees has been given as provided by law. To the best of the undersigneds knowledge, the person(s) in possession of the property is/are Edgerton Hartwell. The property, being commonly known as 5991 Thompson Mill Rd., Hoschton, GA, 30548 in Gwinnett County, will be sold as the property of Edgerton Hartwell, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: CALIBER HOME LOANS, 13801 Wireless Way, Oklahoma City, OK 73134, 1-800-401-6587. The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, as Attorney in Fact for Edgerton Hartwell 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: 770-373-4242 By: Jim Albertelli, Esq. For the Firm THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - 15-199734 A-4572521 05/12/2016, 05/19/2016, 05/26/2016, 06/02/2016
950-415453, 5/12,19,26,6/2
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