Notice Content
Notice of Sale
Under Power.
State of Georgia,
County of GWINNETT.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ERUM BASARIA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC., dated 03/22/2006, and Recorded on 03/28/2006 as Book No. 46311 and Page No. 0568, AS AFFECTED BY BOOK 52232, PAGE 724, GWINNETT County, Georgia records, as last assigned to U.S BANK, NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2006 EMX4 (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $219,992.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the GWINNETT County Courthouse 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 LOTS 108 & 109 OF THE 5TH DISTRICT, GWINNETT COUNTY, GEORGIA, BEING LOT 17, BLOCK C, UNIT 2, OF SUGARLOAF MANOR SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 106, PAGE 207, AS REVISED IN PLAT BOOK 110, PAGE 206, GWINNETT COUNTY, GEORGIA RECORDS, WHICH RECORDED PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION. 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. Because the debt remains 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). U.S BANK, NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2006 EMX4 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. AMERICAS SERVICING COMPANY, acting on behalf of and, as necessary, in consultation with U.S BANK, NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2006 EMX4 (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44 14 162.2, AMERICAS SERVICING COMPANY may be contacted at: AMERICAS SERVICING COMPANY, 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 800 288 3212. Please note that, pursuant to O.C.G.A. 44 14 162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 3410 DRAYTON MANOR RUN, LAWRENCEVILLE, GEORGIA 30045 is/are: ERUM BASARIA or tenant/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; 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 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. U.S BANK, NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2006 EMX4 as Attorney in Fact for ERUM BASARIA. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000004536967 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.
950-490836, 6/7,14,21,28
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