Notice Content
Notice of Sale Under Power. State of Georgia, County of RICHMOND. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JOHN CROKER to HOMEBANC MORTGAGE CORPORATION , dated 03/30/2007, and Recorded on 04/09/2007 as Book No. 01114 and Page No. 0387, RICHMOND County, Georgia records, as last assigned to U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $153,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the RICHMOND County Courthouse within the legal hours of sale on the first Tuesday in July, 2016, the following described property: ALL THAT LOT OR PARCEL OF LAND WITH IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF RICHMOND, BEING SHOWN AND DESIGNATED AS LOT 3 OF SECTION V OF CREEK FARMS ON A PLAT PREPARED BY AYERCORP, ENGINEERS SURVEYORS PLANNERS DATED DECEMBER 6, 2002 RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA IN REALTY REEL 839, PAGE 1797, REFERENCE BEING MADE TO SAID PLAT FOR A MORE COMPLETE AND ACCURATE DESCRIPTION AS TO THE METES, BOUNDS AND LOCATION OF SAID PROPERTY. SAID PROPERTY IS FURTHER KNOWN AS 4328 BATH EDIE ROAD, HEPHZIBAH, GEORGIA 30815. SAID PROPERTY IS CONVEYED SUBJECT TO PROTECTIVE COVENANTS APPLICABLE TO SAID SUBDIVISION RECORDED IN SAID CLERK'S OFFICE IN REALTY REEL 839, PAGE 1798 AND TO ANY AND ALL EASEMENTS OF RECORD IN SAID CLERK'S OFFICE. THIS BEING A PORTION OF THE PROPERTY CONVEYED TO MRC CONSTRUCTION COMPANY, INC. BY DEED DATED MARCH 25, 2005 AND RECORDED IN SAID CLERK'S OFFICE IN BOOK 984, PAGE 1018 AND BEING THE SAME PROPERTY CONVEYED TO MCMONIGLE CONSTRUCTION, INC. BY DEED DATED AUGUST 24, 2006 RECORDED IN SAID CLERK'S OFFICE IN BOOK 1076, PAGE 1816. TAX MAP & PARCEL NO 246 0 042 00 0 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 TRUST, N.A., AS TRUSTEE FOR LSF9 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 LSF9 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. 44 14 162.2, CALIBER HOME LOANS, INC. may be contacted at: CALIBER HOME LOANS, INC., 13801 WIRELESS WAY, OKLAHOMA CITY, OK 73134, 800 401 6587. Please note that, pursuant to O.C.G.A. 44 14 162.2, 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 4328 BATH EDIE ROAD, HEPHZIBAH, GEORGIA 30815 is/are: JOHN CROKER 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 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. U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST as Attorney in Fact for JOHN CROKER. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005978879 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398. JUNE 9, 16, 23, 30, 2016 AD#16918565
Back