Notice Content
STATE OF GEORGIA
COUNTY of GWINNETT
NOTICE OF SALE
UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from JOSEPH L. WYTANIS and LISA J. WYTANIS to BANK OF AMERICA, NA dated July 17, 2010, filed for record August 6, 2010, and recorded in Deed Book 50202, Page 877, GWINNETT County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated July 17, 2010 in the original principal sum of ONE HUNDRED THIRTY THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($130,800.00), 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 GWINNETT 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 Wednesday in July, 2017, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 276 OF THE 7TH DISTRICT, GWINNETT COUNTY, GEORGIA, BEING LOT 5, ABBEY HILL, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TO FIND THE TRUE POINT OF BEGINNING, COMMENCE AT THE POINT OF INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY OF SUWANEE DAM ROAD (35 FEET FROM THE CENTERLINE) AND THE NORTHEASTERLY RIGHT OF WAY OF TENCH ROAD (35 FEET FROM CENTERLINE), THENCE ALONG THE NORTHEASTERLY RIGHT OF WAY OF TECH ROAD THE FOLLOWING COURSES AND DISTANCES; SOUTH 59 DEGREES 39 MINUTES 48 SECONDS EAST A DISTANCE OF 98.33 FEET TO A POINT; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 795.79 FEET AND BEING SUBTENDED BY A CHORD HAVING A DIRECTION OF SOUTH 51 DEGREES 15 MINUTES 23 SECONDS EAST A CHORD DISTANCE OF 232.69 FEET) AN ARC DISTANCE OF 233.53 FEET TO A POINT; THENCE SOUTH 42 DEGREES 50 MINUTES 58 SECONDS EAST A DISTANCE OF 111.85 FEET TO AN IRON PIN FOUND AND THE TRUE POINT OF BEGINNING. THENCE LEAVING THE AFOREMENTIONED NORTHEASTERLY RIGHT OF WAY OF TENCH ROAD, NORTH 39 DEGREES 11 MINUTES 00 SECONDS EAST A DISTANCE OF 307.88 FEET TO AN IRON PIN FOUND; THENCE SOUTH 37 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 178.37 FEET TO A POINT; THENCE SOUTH 43 DEGREES 19 MINUTES 00 SECONDS WEST A DISTANCE OF 286.54 FEET TO A POINT ON THE AFOREMENTIONED NORTHEASTERLY RIGHT OF WAY OF TENCH ROAD; THENCE FOLLOWING THE NORTHEASTERLY RIGHT OF WAY OF TENCH ROAD ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 3590.00 FEET AND BEING SUBTENDED BY A CHORD HAVING A DIRECTION OF NORTH 43 DEGREES 27 MINUTES 52 SECONDS WEST AND A CHORD DISTANCE OF 77.08 FEET) AN ARC DISTANCE OF 77.08 FEET TO A POINT; THENCE NORTH 42 DEGREES 50 MINUTES 58 SECONDS WEST A DISTANCE OF 76.85 FEET TO AN IRON PIN FOUND AND THE TRUE POINT OF BEGINNING.
SAID TRACT OR PARCEL OF LAND CONTAINING 48,718 SQUARE FEET OR 1.118 ACRES MORE OR LESS.
SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY.
ASSESSORS PARCEL NUMBER: 7276-013 ATI ORDER NUMBER: 201006240777
SAID PROPERTY WILL BE SOLD SUBJECT TO THAT SECURITY DEED RECORDED IN DEED BOOK 51580, PAGE 107, GWINNETT COUNTY, GEORGIA RECORDS.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is JOSEPH L. WYTANIS and LISA J. WYTANIS or a tenant or tenants. Said property may more commonly be known as: 4581 TENCH RD, SUWANEE, GA 30024.
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 attorneys fees (notice of intent to collect attorneys fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100; (800) 669-6650.
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.
BANK OF AMERICA, N.A.
As Attorney-in-Fact for
JOSEPH L. WYTANIS
LISA J. WYTANIS
Phelan Hallinan Diamond & Jones, PLLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
Telephone: 770-393-4300
Fax: 770-393-4310
PH # 33105
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
950-491404, 6/7,14,21,28
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