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NOTICE OF SALE UNDER POWER, FANNIN COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Ricky K Callihan and Tonya C. Callihan to The Mortgage People Co. dated 5/12/2000 and recorded in Deed Book 356 Page 795 Fannin County, Georgia records; as last transferred to or acquired by Nationstar Mortgage LLC, conveying the after-described property to secure a Note in the original principal amount of $ 198,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Fannin County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on July 05, 2016 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: All that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia, being part of Land Lot 43, and more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at a point of intersection of Land Lots 43, 44, 65 and 66 and running thence from said point North 36 deg. 10' West 776.8 feet to a point; thence North 63 deg. 52' West 139.1 feet to a point; thence North 71 deg. 04' West 191.9 feet to a point; thence North 67 deg. 36' West 165.4 feet to a point; thence North 64 deg. 04' West 62.8 feet to a point; thence North 07 deg. 08' West 133.3 feet to a point; thence North 19 deg. 08' West 371.2 feet to a point; thence North 31 deg. 54' West 193.8 feet to the True Point of Beginning; thence running from said True Point of Beginning South 47 deg. 02' 29" West 52.27 feet to a point; thence South 19 deg. 48' 13" West 249.23 feet to a point; thence North 57 deg. 36' 18" West 125.19 feet to a point; thence North 44 deg. 43' 26" West 162.00 feet to a point; thence North 27 deg. 14' 03" West 78.63 feet to a point; North 41 deg. 25' 22" West 90.31 feet to a point; thence North 27 deg. 33' 52" East 103.21 feet to a point; thence North. 45 deg. 05' 54" East 204.47 feet to a point; thence North 56 deg. 12' 33" East 117.38 feet to a point; thence North 89 deg. 44' 16" East 68.40 feet to a point; thence South 00 deg. 10' 00" East 189.90 feet to a point; thence South 09 deg. 19' 01" East 100.20 feet to a point; thence South 45 deg. 13' 00" East 88.50 feet to the true point of beginning, containing 3.45 acres, more or less. THERE IS CONVEYED HEREIN TO GRANTEE AND RESERVED UNTO GRANTOR a permanent and perpetual easement for the purpose of ingress and egress of vehicular and pedestrian traffic over and across that existing twelve-foot road which runs from County Road 96, (also known as River Road) across lands owned by Grantor to the above described property. This easement is not a mere easement, but a right running with title to the land. PROPERTY IS CONVEYED SUBJECT TO THE FOLLOWING RESTRICTIONS: 1. This property is for residential use only and shall not be subdivided. 2. This property is restricted to single family homes of permanent construction. Mobile homes, manufactured homes and house trailers are not permitted. Recreational vehicles intended for "off property use" may be parked on the premises un-occupied, for so long as they are clean, well-kept and do not interfere with the view, or use of adjoining property. 3. Homes must be properly and permanently constructed of acceptable building materials and must be at least 1200 square feet in area, excluding basements, garages, carports or other attached construction. White roofs and exposed concrete blocks are forbidden. 4. Abandoned cars, junk and trash must be promptly removed from the premises. Grounds shall be properly maintained and kept in an orderly fashion. 5. Firearms shall not be discharged on the premises except under emergency conditions such as the need for personal protection from assault by man or beast. 6. Domestic animals such as cats or dogs are permitted, provided that they are kept on the premises or under control of the owner. 7. "Off-road" vehicles and motorcycles without proper mufflers or that make excessive noise to the extent that other property owners are disturbed are expressly forbidden. BEING the same property conveyed to Ricky K. Callihan and Tonya C. Callihan by survivorship deed of Ray Chambers dated July 22, 1996 and recorded in Deed Book 249, Pages 290-291, Fannin County records. 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 the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property is commonly known as 1329 River Road, McCaysville , GA 30555, aka 435 Chambers Mountain, Mineral Bluff, GA 30559 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Ricky K Callihan and Tonya C. Callihan or tenant or tenants. Nationstar Mortgage LLC is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. Nationstar Mortgage LLC 8950 Cypress Waters Blvd. Coppell, TX 75019 1-888-480-2432 Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. 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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 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 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial 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 immediately above. Nationstar Mortgage LLC as agent and Attorney in Fact for Ricky K Callihan and Tonya C. Callihan Aldridge Pite, LLP (formerly known as Aldridge Connors, LLP), 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400. 1006-667506155A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1006-667506155A June 8-29 #256392
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