Notice Content
STATE OF GEORGIA
COUNTY of RABUN
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from CHRISTOPHER MATTHEWS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE RESEARCH CENTER, LLC DBA VETERANS UNITED HOME LOANS dated April 8, 2016, filed for record May 18, 2016, and recorded in Deed Book X42, Page 324, RABUN County, Georgia Records, as last transferred to MORTGAGE RESEARCH CENTER, LLC DBA VETERANS UNITED HOME LOANS by assignment recorded in Deed Book H43, Page 398, RABUN County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated April 8, 2016 in the original principal sum of ONE HUNDRED THIRTY TWO THOUSAND THREE HUNDRED THIRTY AND 0/100 DOLLARS ($132,330.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at RABUN County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in February, 2017, the following described property:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RABUN, STATE OF GEORGIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 58 OF THE FILTH LAND DISTRICT OF RABUN COUNTY, GEORGIA BEING LOT 2 CONTAINING 1.32 ACRES AS MORE PARTICULARLY DESCRIBED UPON THAT CERTAIN PLAT OF SURVEY PREPARED BY T. LAMAR EDWARDS, GEORGIA REGISTERED LAND SURVEYOR NO. 1837, DATED JANUARY 8, 2008, LAST REVISED JANUARY 9, 2009, WHICH IS RECORDED IN PLAT BOOK 59, PAGE 440, CLERK'S OFFICE, RABUN COUNTY 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.
THE ABOVE DESCRIBED LOT 2 IS CONVEYED SUBJECT TO A NON-EXCLUSIVE, PERPETUAL EASEMENT OVER, ACROSS, UNDER AND THROUGH THAT DRIVE EXTENDING FROM THAT ROAD NOW OR FORMERLY KNOWN AS GLASSY ORCHARD ROAD, A PUBLIC ROAD, ACROSS LOT 1 TO SAID LOT 2. SAID EASEMENT SHALL BE FOR THE PURPOSE OF INGRESS AND EGRESS AND THE INSTALLATION, USE, MAINTENANCE AND REPAIR OF UTILITIES.
THE ABOVE-DESCRIBED PROPERTY IS CONVEYED WITH THOSE RIGHTS AND SUBJECT TO THOSE OBLIGATIONS CONTAINED IN THAT CERTAIN JOINT WELL USE AND EASEMENT AGREEMENT DATED FEBRUARY 4, 2009 AND RECORDED IN DEED BOOK T-34, PAGES 676-679, AND THAT JOINT WELL USE AND EASEMENT AGREEMENT DATED SEPTEMBER 22, 2009 AND RECORDED IN DEED BOOK 135, PAGE 196-199, CLERK'S OFFICE, RABUN SUPERIOR COURT THE ABOVE-DESCRIBED PROPERTY IS CONVEYED WITH THOSE RIGHTS AND SUBJECT TO THOSE OBLIGATIONS CONTAINED IN THAT CERTAIN JOINT ROAD USE AND EASEMENT AGREEMENT DATED FEBRUARY 4, 2009 AND RECORDED IN DEED BOOK T-34, PAGES 680-682, CLERKS OFFICE, RABUN SUPERIOR COURT. PARCEL ID: 023D 038B
COMMONLY KNOWN AS 648 GLASSY ORCHARDS ROAD, TIGER, GA 30576. HOWEVER, BY SHOWING THIS ADDRESS NO ADDITIONAL COVERAGE IS PROVIDED
To the best of the knowledge and belief of the undersigned, the party in possession of the property is CHRISTOPHER MATTHEWS or a tenant or tenants. Said property may more commonly be known as: 648 GLASSY ORCHARD RD, TIGER, GA 30576.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees (notice of intent to collect attorney's fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is VETERANS UNITED HOME LOANS, PO BOX 986, NEWARK, NJ 07184-0986; (877) 629-6992.
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 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 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 nonjudicial 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 in the preceding paragraph.
MORTGAGE RESEARCH CENTER, LLC D/B/A VETERANS UNITED HOME LOANS, A MISSOURI LIMITED LIABILITY COMPANY As Attorney-in-Fact for CHRISTOPHER MATTHEWS. Phelan Hallinan Diamond & Jones, PLLC, 11675 Great Oaks Way, Suite 375, Alpharetta, GA 30022, Telephone: 770-393-4300
Fax: 770-393-4310
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
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