Notice Content
Notice of Sale
Under Power
Georgia, Gwinnett County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by William Edwards to Mortgage Electronic Registration Systems, Inc. (MERS) as nominee for Peoples Choice Home Loan, Inc, dated May 10, 2004, and recorded in Deed Book 38260, Page 63, Gwinnett County, Georgia records, U.S. Bank NA, successor trustee to Bank of America, NA, successor in interest to Lasalle Bank National Association, as trustee, on behalf of the holders of the Bear Stearns Asset Backed Securities I Trust 2004-HE7, Asset-Backed Certificates, Series 2004-H by assignment recorded in Deed Book 54981, Page 327, Gwinnett County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $144,415.00, 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, within the legal hours of sale on the first Wednesday in July, 2017, to wit: July 5, 2017, the following described property:
Tract One:
All that tract or parcel of land lying and being in Land Lot 21of the 6th District, Gwinnett County, Georgia, being Lot 13, Block A, Unit 1, Forest Glen Subdivision, as shown on plat recorded in Plat Book 64, Page 93, Gwinnett County records, which plat is incorporated herein by reference.
Also:
Tract Two:
All that tract or parcel of land lying and being in Land Lot 21 of the 6th District, Gwinnett County, Georgia, being shown as a portion of Lot 14, Block A, Forrest Glen Subdivision, Unit One, as per plat prepared by Advance Survey, Inc. dated November 10, 1994, and being more particularly described according to said survey as follows:
To find the true place or point of beginning, begin at the corner common to Land Lots 21, 22, 27 and 28 of the 6th Land Lots 21 and 28, North 58 degrees 53 minutes 00 seconds East a distance of 452.8 feet to a 1/2 inch rebar found, which point marks the boundary line between Lots 14 and 15, Block A, Forrest Glen Subdivision, Unit One, thence continuing along said Land Lot Line, run North 58 degrees 53 minutes 00 seconds East a distance of 52.03 feet to a point, which point marks the true place or point of beginning.
From the true place or point of beginning as thus established and continuing along said Land Lot line North 58 degrees 53 minutes 00 seconds East a distance of 49.41 feet to a 1/2 inch rebar found on boundary line dividing Lots 13 and 14, Block A, Forrest Glen Subdivision, Unit One; thence continuing along said boundary line run South 21 degrees 27 minutes 07 seconds East a distance of 179.24 feet to a point; thence run South 45 degrees 53 minutes 17 seconds East a distance of 35.04 feet to a point marked by an X on a power box located on the Northerly right of way of Forrest Bend Lane; thence running along said right of way in a generally Southerly direction along an arc or a curve to the left an arc distance of 26.00 feet to a point, said arc having a radius of 50.00 feet an being subtended by a chord bearing and distance of South 29 degrees 22 minutes 05 seconds West 25.71 feet; thence continuing along said right of way line along an arc of a curve to the right an arc distance of 12.81 feet to a point, said arc having a radius of 14.00 feet and being subtended by a chord bearing and distance of South 40 degrees 41 minutes 58 seconds West 12.37 feet; thence continuing along said right of way South 66 degrees 55 minutes 38 seconds West a distance of 32.35 feet to a point; thence leaving said right of way line, run North 21 degrees 27 minutes 07 seconds West a distance of 225.78 feet to a point and the true point of beginning.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property is commonly known as 3330 Forrest Bend Lane, Snellville, GA 30039, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): William Edwards or tenant or tenants.
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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.
Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is:
Select Portfolio Servicing, Inc.
Attention: Loss Mitigation Department
3217 S. Decker Lake Drive
Salt Lake City, Utah 84119
1-888-818-6032
The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being
U.S. Bank NA, successor trustee to Bank of America, NA, successor in interest to Lasalle Bank NA, as trustee, on behalf of the holders of the Bear Stearns Asset Backed Securities I Trust 2004-HE7, Asset-Backed Certificates, Series 2004-HE7
as attorney in fact for
William Edwards
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC17-121
950-491381, 6/7,14,21,28
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