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 February 12, 2001, from Eric J. Davis to Bank of America, N.A., recorded on February 21, 2001 in Deed Book 22308 at Page 0234, 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 February 12, 2001, in the amount of $134,257.00, said note 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 September 6, 2016, the following described real property (hereinafter referred to as the Property): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 118 OF THE 5TH DISTRICT OF GWINNETT COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE TRUE POINT OF BEGINNING, BEGIN AT THE POINT WHERE THE CENTERLINE OF SUGARLOAF PARKWAY (HAVING A 120 FOOT RIGHT-OF-WAY) INTERSECTS WITH THE CENTERLINE OF DAVIS ROAD; RUN THENCE NORTHEASTERLY ALONG THE CENTERLINE OF SUGARLOAF PARKWAY 185.08 FEET TO A POINT; RUN THENCE SOUTH 28 09 EAST ACROSS THE RIGHT OF WAY OF SUGARLOAF PARKWAY 60 FEET TO A POINT ON THE SOUTHERN SIDE OF SUGARLOAF PARKWAY; RUN THENCE NORTHEASTERLY ALONG THE SOUTHERN SIDE OF SUGARLOAF PARKWAY 194.24 FEET TO A ½ REBAR FOUND AND THE TRUE POINT OF BEGINNING; RUN THENCE NORTH 85 44 42 EAST ALONG THE SOUTHERN SIDE OF SUGARLOAF PARKWAY, 169.24 FEET TO A POINT, RUN THENCE SOUTHEASTERLY ALONG THE SOUTHERN SIDE OF SUGARLOAF PARKWAY AND FOLLOWING THE CURVATURE THEREOF AN ARC DISTANCE OF 155.19 FEET TO A ½ REBAR FOUND, SAID ARC BEING SUBTENDED BY A CHORD BEARING SOUTH 80 51 24 EAST A DISTANCE OF 149.81 FEET; RUN THENCE SOUTH 22 15 58 WEST 215.43 FEET TO 1 PIPE; CONTINUING THENCE SOUTH 22 15 58 WEST A DISTANCE OF 39.8 FEET MORE OR LESS TO THE CENRTLINE OF PUGH CREEK; RUN THENCE SOUTH 25 54 39 WEST 79.59 FEET TO A POINT; RUN THENCE SOUTH 37 26 48 WEST 79.66 FEET TO A POINT AND THE CENERLINE OF PUGH CREEK; RUN THENCE NORTH 19 29 51 WEST 13.7 FEET, MORE OR LESS TO A ½ REBAR FOUND; CONTINUING THENCE NORTH 19 29 51 WEST 391.36 FEET TO THE POINT OF BEGINNING, SAID PROPERTY CONTAINING 1.454 ACRES AS SHOWN ON PLAT OF SURVEY PREPARED BY GEORGIA LAND SURVEYING CO., INC., DATED SEPTEMBER 3, 1998. BEING THAT PARCEL OF LAND CONVEYED TO ERIC J. DAVIS FROM LAWRENCE W. ZITZELBERG AND LUCILLE N. ZITZELBERG BY THAT DEED DATED 11/06/1998 AND RECORDED 11/25/1998 IN DEED BOOK 17230, AT PAGE 99 OF THE GWINNETT COUNTY, GA PUBLIC REGISTRY. TAX MAP REFERENCE: R5118-273 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 Eric J. Davis and Ashley Davis. The property, being commonly known as 2240 Sugarloaf Pkwy, Lawrenceville, GA, 30045 in Gwinnett County, will be sold as the property of Eric J. Davis and Ashley Davis, 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 Eric J. Davis 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. - 16-015213 A-4582791 08/11/2016, 08/18/2016, 08/25/2016, 09/01/2016
950-432587, 8/11,18,25,9/1
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