Notice Content
STATE OF GEORGIA
COUNTY OF RABUN
NOTICE OF SALE UNDER POWER
Because of a default under the terms of the Security Deed executed by Cecil Wilburn Jr to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean and Whitaker Mortgage Corp., its successors and assigns dated March 18, 2008, and recorded in Deed Book L33, Page 135, Rabun County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Nationstar Mortgage LLC securing a Note in the original principal amount of $74,000.00, 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, February 7, 2017, 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:
All that tract or parcel of land lying and being in Land Lot 9 of the Second Land District in Clayton-Hollywood Subdivision in the City of Clayton, Rabun County, Georgia, and being all of Lot Number Six (6) of Block 12 in said subdivision as more particularly shown upon that certain plat of survey dated January 20, 2003 and prepared by William F. Rolader , Georgia Registered Land Surveyor No. 2042, recorded in Plat Book 53, Page 61, Clerk's office, Rabun Superior Court. Reference is hereby had and made to said plat of survey for the purpose of incorporating same herein for a full and complete description of the property herein conveyed.
Conveyed herewith is a non-exclusive perpetual easement for the use, maintenance and repair of that certain Barbeque Grill currently in existence, though not shown upon the above-referenced plat of survey, and lying and being on Lot 7.
Also conveyed herewith is that certain wood frame dwelling situated upon the lands herein conveyed.
Said property is known as 63 Colorado Lane, Clayton, GA 30525, 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 Cecil Wilburn, successor in interest or tenant(s). Nationstar Mortgage LLC as Attorney-in-Fact for Cecil Wilburn Jr., File no. 16-061978
SHAPIRO PENDERGAST & HASTY, LLP*, Attorneys and Counselors at Law, 211 Perimeter Center Parkway, N.E., Suite 300, Atlanta, GA 30346, 770-220-2535, shapiroandhasty.com
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
12-29, 1-5,12,19,26, 2-2
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