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NOTICE OF SALE UNDER POWER, RABUN COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Thomas Gentry to RBC CENTURA BANK dated 5/31/2006 and recorded in Deed Book F30 Page 398 and modified at Deed Book Z42 Page 242 Rabun County, Georgia records; as last transferred to or acquired by PNC Bank, National Association successor by merger to RBC Bank (USA), formerly known as RBC Centura Bank, conveying the after-described property to secure a Note in the original principal amount of $ 206,250.00, 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 Rabun 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 6 OF THE 1ST DISTRICT, RABUN COUNTY, GEORGIA, BEING LOT 7, BLOCK L, WATERFALL AT LAKE BURTON SUBDIVISION, UNIT 1, CONTAINING 0.41 ACRES AS PER PLAT BOOK 54, PAGE 57, RABUN COUNTY, GEORGIA RECORDS, WHICH RECORDED PLAT IS INCORPORATED HEREIN BY THIS REFERENCE AND MADE A PART OF THIS DESCRIPTION. SAID PROPERTY BEING KNOWN AS LOT 7, WATERFALL LAKE BURTON ACCORDING TO THE PRESENT SYSTEM OF NUMBERING HOUSES IN RABUN COUNTY, GEORGIA.
THE AFOREMENTIONED TRACT OR PARCEL IS SUBJECT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WATERFALL AT LAKE BURTON DATED APRIL 16, 1999 AND RECORDED IN BOOK S-18, PAGES 309-342, CLERK'S OFFICE RABUN SUPERIOR COURT AS AMENDED.
SUBJECT TO THAT CERTAIN SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WATERFALL AT LAKE BURTON, UNIT 2, PHASE 1 BY LAKE BURTON DEVELOPMENT, DATED AUGUST 30, 2000, RECORDED SEPTEMBER 30, 2000, RECORDED IN DEED BOOK B-20, PAGE 27, AFORESAID RECORDS; BUT OMITTING ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS.
FURTHER, THE ABOVE-DESCRIBED LOT 7 IS SUBJECT TO THAT CERTAIN DECLARATION OF EASEMENT, COVENANTS, CONDITIONS AND RESTRICTIONS OF RECORD BY LAKE BURTON DEVELOPMENT, LLC, DATED JANUARY 29, 2001, RECORDED FEBRUARY 5, 2001, RECORDED IN DEED BOOK L-20, PAGE 372, AFORESAID RECORDS.
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 attorney's fees (notice of intent to collect attorney's fees having been given).
Said property is commonly known as Lot 7 Waterfall Lake Burton, Clayton, GA 30525 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): Thomas C. Gentry or tenant or tenants.
PNC Bank is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
PNC Bank, Loss Mitigation, Mail Locator: B6-YM10-01-1, 3232 Newmark Drive, Miamisburg, OH 45342, 1-888-224-4702
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.
PNC Bank, National Association successor by merger to RBC Bank (USA), formerly known as RBC Centura Bank as agent and Attorney in Fact for Thomas Gentry. Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637. 1434-1496A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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