Notice Content
NOTICE OF SALE
UNDER POWER,
GWINNETT COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Albert Wollaston Smith, III aka Albert W. Smith, III to Resource Mortgage Banking, Ltd. dated 3/31/2005 and recorded in Deed Book 43700 Page 127 Gwinnett County, Georgia records; as last transferred to or acquired by Citibank, N.A., as Successor Trustee to US Bank, National Association as Trustee for MASTR Asset Securitization Trust Series 2006-3-Mortgage Pass Through Certificates, Series 2006-3, conveying the after-described property to secure a Note in the original principal amount of $ 1,125,000.00, 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 February 07, 2017 (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 318 and 319 of the 6th District, Gwinnett County, Georgia, Being Lot 2, Block A of Medlock Woods, as shown on plat recorded in plat book 32, page 220, Gwinnett County records, and being more particularly described as follows:
Beginning at a point along the 40 Additional Right-Of-Way of Medlock Bridge Road, 289.54 feet from the Easterly Right-Of-Way of Everett Court (Having A 50 right of way), Running Thence North 25 degrees 19 minutes West a distance of 49.93 feet to a point on the existing Right-Of-Way of Medlock Bridge Road; Running Thence North along the Right-Of-Way of Medlock Bridge Road 27 degrees 55 minutes 19 seconds East a distance of 254.79 feet to the true point of beginning; Continuing along the Right-Of-Way of Medlock Bridge road; Thence North 27 degrees 55 minutes 19 seconds East a distance of 281.0 feet to a point;
Running Thence South 61 degrees 28 minutes 39 seconds East a distance of 267.0
feet to an iron pin found; Running Thence South 02 degrees 55 minutes 19 seconds East a distance of 317.0 feet to an iron pin found; Running Thence North 62 degrees 52 minutes 59 seconds West a distance of 429.56 feet to the True point of beginning. Being known as 4800 Medlock Bridge Road, According to the present systems of Numbering houses in Gwinnett County, Georgia; and Being more fully shown on Survey prepared by Georgia Land Surveying Co., Inc., Dated January 10, 1992.
Less and Except: Any of the Above-Described Property conveyed in that certain order dated December 27, 1990. Civil Action File No. 89A-6046-1.
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 4800 Peachtree Parkway, Duluth, GA 30097 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): Albert Wollaston Smith, III aka Albert W. Smith, III or tenant or tenants.
Ocwen Loan Servicing, LLC is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
Ocwen Loan Servicing, LLC
Foreclosure Loss Mitigation
1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
1-877-596-8580
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.
Citibank, N.A., as Successor Trustee to US Bank, National Association as Trustee for MASTR Asset Securitization Trust Series 2006-3-Mortgage Pass Through Certificates, Series 2006-3 as agent and Attorney in Fact for Albert Wollaston Smith, III aka Albert W. Smith, III
Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637.
1017-656922A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1017-656922A
950-463634, 1/12,19,26,2/2
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