Notice Content
NOTICE OF SALE
UNDER POWER,
GWINNETT COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Kimberly A. Zellers nka Kimberly Mascheck to Beneficial Mortgage Co. of Georgia dated 10/10/2002 and recorded in Deed Book 29223 Page 241 Gwinnett County, Georgia records; as last transferred to or acquired by Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not in its individual capacity, but solely as trustee for RMAC Trust, Series 2015-5T, conveying the after-described property to secure a Note in the original principal amount of $ 94,497.79, 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 Gwinnett County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on September 06, 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 LAND LOT 191 AND 194, 6TH DISTRICT, GWINNETT COUNTY, GEORGIA, BEING LOT 8, BLOCK A. RIDGEMONT SUBDIVISION, UNIT ONE, AS PER PLAT RECORDED IN PLAT BOOK 13, PAGE 62, GWINNETT COUNTY RECORDS, WHICH PLAT IS HEREBY REFERRED TO AND MADE A PART OF THIS DESCRIPTION, BEING PROPERTY KNOWN AS 1505 SPENDER DRIVE ACCORDING TO THE PRESENT SYSTEM NUMBERING HOUSES IN SAID COUNTY, AS MORE PARTICULARLY SHOWN ON THAT CERTAIN PLAT OF SURVEY PREPARED BY GEORGIA LAND SURVEYING CO., INC., DATED APRIL 14, 1994. TAX MAP OR PARCEL ID NO.: R6194-218
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 attorneys fees (notice of intent to collect attorneys fees having been given).
Said property is commonly known as 1505 Spender Drive, , Norcross, GA 30093 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): Kimberly A. Zellers or tenant or tenants.
Rushmore Loan Management Services, LLC is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
Rushmore Loan Management Services, LLC
PO Box 52708
Irvine, CA 92619
888.504.7300
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.
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not in its individual capacity, but solely as trustee for RMAC Trust, Series 2015-5T as agent and Attorney in Fact for Kimberly A. Zellers nka Kimberly Mascheck
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.
1208-1628A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1208-1628A
950-436134, 8/11,18,25,9/1
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