Notice Content
NOTICE OF SALE
UNDER POWER
GEORGIA,
GWINNETT COUNTY
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Clairetia T. Dave to Bank of America, N.A., dated March 29, 2007, recorded in Deed Book 47819, Page 186, Gwinnett County, Georgia Records, as last transferred to Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 5 by assignment recorded in Deed Book 53162, Page 99, Gwinnett County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($137,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Gwinnett County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Wednesday in July, 2017, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 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 Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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. Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 5 is the holder of the Security Deed to the property in accordance with OCGA 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Fay Servicing, LLC, 440 S Lasalle St, Suite 2000, Chicago, IL 60605 800-495-7166. To the best knowledge and belief of the undersigned, the party in possession of the property is Clairetia T. Dave or a tenant or tenants and said property is more commonly known as 5660 Terremont Circle, Norcross, Georgia 30093. 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. Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 5 as Attorney in Fact for Clairetia T. Dave McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net EXHIBIT A All that tract or parcel of land lying and being in Land Lot 188 of the 6th District, Gwinnett County, Georgia, being Lot 6, Block A, of Terremont Townhomes Phase One, as per plat thereof recorded in Plat Book 82, Page 79, Gwinnett County, Georgia records, which recorded plat is incorporated herein by reference and made a part of this description. MR/ved 7/5/17 Our file no. 5928409 - FT18
950-489839, 6/7,14,21,28
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