Notice Content
STATE OF GEORGIA
COUNTY OF GWINNETT
NOTICE OF SALE
UNDER POWER
Because of a default under the terms of the Security Deed executed by Audra Morales FKA Audra L. Mikle and Edwin Morales, Jr. to Wells Fargo Financial Georgia, Inc. dated November 24, 2006, and recorded in Deed Book 47314, Page 228, Gwinnett County Records, said Security Deed having been last sold, assigned, transferred and conveyed to U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, securing a Note in the original principal amount of $129,280.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 6, 2016, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
THE LAND REFERRED TO IN THIS EXHIBIT IS LOCATED IN THE COUNTY OF GWINNETT AND THE STATE OF GEORGIA IN DEED 500X 35883 AT PAGE 104 AND DESCRIBED AS FOLLOWS;
ALL THAT TRACT OR PARCEL OF LAND BEING A PART (KNOWN AS RESIDENCE NO. 1054 COUNTRY COURT OF THE WILLOWRUN AT NORTHWOOD CONDOMINIUM, GWINNETT COUNTY, GEORGIA AND MORE SPECIFICALLY HEREINAFTER DESCRIBED) OF THOSE LANDS IN LAND LOTS 180 AND 179 OF THE 6 DISTRICT, GWINNETT COUNTY, GEORGIA, THE WHOLE OF SUCH PART OF THOSE LANDS HAVING BEEN SUBJECT TO THE CONDOMINIUM FORM OF OWNERSHIP (UNDER PROVISIONS OF THE ACT OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA APPROVED APRIL 12, 1963, GEORGIA LAWS 1963, PAGES 561 THROUGH 575, AS HERETOFORE AMENDED, AND AS THE SAME MAY HEREAFTER BE AMENDED FROM TIME TO TIME) BY DECLARATION OF WILLOWRUN AT NORTHWOOD CONDOMINIUM RECORDED IN DEED BOOK 668, PAGES 142-188, GWINNETT COUNTY, GEORGIA RECORDS, OR A RECORDED AMENDMENT THERETO (HEREINAFTER COLLECTIVELY REFERRED TO AS THE CONDOMINIUM DECLARATION). THE PRECISE PROPERTY HEREINAFTER CONVEYED IS IDENTIFIED AND MORE PARTICULARLY DESCRIBED IN THE CONDOMINIUM DECLARATION, AND IN THE PRASE II, SECTION I PLAT OF SURVEY DATED JANUARY 7, 1975, AND RECORDED AT APARTMENT OR CONDOMINIUM PLAT BOOK 1, PAGE 28, GWINNETT COUNTY, GEORGIA RECORDS AS RESIDENCE NO. 1054 COUNTRY COURT OF THE WILLOWRUN AT NORTHWOOD CONDOMINIUM TOGETHER WITH ALL THE APPURTENANCES THERETO, THE DESCRIPTION AS CONTAINED IN THE CONDOMINIUM DECLARATION AND PHASE II,SECTION 1 PLAT OF SURVEY (AND REVISED OR SUPPLEMENTAL PLATS OF SURVEY) BEING EXPRESSLY BE REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. THE INTEREST HEREIN CONVEYED INCLUDES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PERCENTAGE UNDIVIDED INTEREST IN THE COMMON AREAS AND FACILITIES OF THE WILLOWRUN AT NORTHWOOD CONDOMINIUM COMPUTED IN ACCORDANCE WITH PARAGRAPH XIV, D, OF THE CONDOMINIUM DECLARATION AND AS THE PERCENTAGE UNDIVIDED INTEREST MAY CHANGE FROM TIME TO TIME IN ACCORDANCE WITH THE CONDOMINIUM DECLARATION. THE INITIAL PERCENTAGE UNDIVIDED INTEREST AS COMPUTED AS AFORESAID IS 1.098 PERCENT. THE NUMBER OF SQUARE FEET TO THE INTERIOR FLOOR AREA WITHIN THE BOUNDARIES OF THE RESIDENCE HEREIN CONVEYED FOR PURPOSES OF THE FORMULA IN THE CONDOMINIUM DECLARATION TO DETERMINE SUCH PERCENTAGE INTEREST IS ONE THOUSAND FOUR HUNDRED EIGHTY-NINE (1,489), THIS CONVEYANCE IS MADE SUBJECT HOWEVER, TO ALL OF THE PROVISIONS AND COVENANTS OF THE CONDOMINIUM DECLARATION, WHICH PROVISIONS AND COVENANTS ARE HEREIN INCORPORATED BY REFERENCE AND WHICH THE GRANTEE ASSUMES AND AGREES TO OBSERVE AND PERFORM AND BE BOUND BY. THIS CONVEYANCE IS ALSO MADE SUBJECT AND SUBORDINATE TO ALL EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORDS, INCLUDING WITHOUT LIMITATION, THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR NORTHWOOD, RECORDED IN DEED BOOK 868, PAGES 111-133, GWINNETT COUNTY, GEORGIA RECORDS, AND ALL SUPPLEMENTAL DECLARATIONS THERETO, AND BY ACCEPTANCE OF THIS DEED, THE GRANTEE AGREES TO BECOME A MEMBER OF THE NORTHWOOD ASSOCIATION, INC., AND TO PERFORM, AND BE BOUND BY ALL THE OBLIGATIONS OF SUCH MEMBERSHIPS.
Said property is known as 1054 Country Court, Lawrenceville, GA 30044, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the secured creditor.
The property is or may be in the possession of Edwin Morales, Jr. and Audra Morales, a/k/a Audra L. Mikle, successor in interest or tenant(s).
U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust as Attorney-in-Fact for Audra Morales FKA Audra L. Mikle and Edwin Morales, Jr.
File no. 14-050340
SHAPIRO PENDERGAST & HASTY, LLP*
Attorneys and Counselors at Law
211 Perimeter Center Parkway, Suite 300
Atlanta, GA 30346
770-220-2535/MW
shapiroandhasty.com
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
08/11, 08/18, 08/25, 09/01, 2016[FC-NOS]
950-433001, 8/11,18,25,9/1
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