Notice Content
NOTICE OF
FORECLOSURE SALE UNDER POWER
TURNER COUNTY, GEORGIA
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 James Randall Davis to Mortgage Electronic Registration Systems, Inc. as nominee for First Union Mortgage Corporation, dated April 30, 2001, and recorded in Deed Book 171, Page 686, Turner County, Georgia Records, as last transferred to PROF-2013-M4 Legal Title Trust II, by U.S. Bank National Association, as Legal Title Trustee by assignment recorded on December 19, 2016 in Book 271 Page 187 in the Office of the Clerk of Superior Court of Turner County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Sixty-Eight Thousand and 0/100 dollars ($68,000.00), 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 Turner County, Georgia, within the legal hours of sale on July 5, 2017, the following described property:
TRACT I: All that tract or parcel of land lying and being in Land Lot 30 of the 2nd Land District in Turner County, Georgia, containing 1.0 acres, more or less, and being more particularly described as follows: To reach the point of beginning, commence at the intersecting point of the North line of Land Lot 30, said line running the center of County Road No. 203, with the center line of County Road No. 202; thence run South 01 42' 10" West along the center of County Road No. 202 for a distance of 2,626.3 feet to an iron pin marking the POINT OF BEGINNING of property herein described; from said point of beginning, continue along the center of County Road No. 202 South 03 06' 54" West for a distance of 210.00 feet to an iron pin and corner; thence run North 88 00' 48" West for a distance of 210.00 feet to a corner marked by an iron pin; thence run North 00 29' 54" East for a distance of 194.30 feet to a corner marked by an iron pin; thence run North 87 52' 56" East for a distance of 219.71 feet to the center of County Road No. 202 and the point of beginning. All according to that certain plat of survey prepared by Jerry J. Lee, Registered Land Surveyor, dated January 22, 1988 and recorded in Plat Slide C-75, Turner County, Georgia Public Records, said survey being incorporated herein by reference for descriptive purposes.
TRACT II: All that tract or parcel of land lying and being in Land Lot 30 of the 2nd Land District in Turner County, Georgia, containing 0.49 acres, more or less, and being more particularly described as follows: To reach the point of beginning, commence at the intersection of the center line of County Road No. 202 with the center line of County Road No. 203; thence run South 01 42' 10" West along the center line of County Road No. 202 for a distance of 2,626.3 feet to a point; thence run South 03 06' 54" West along the center line of County Road No. 202 for a distance of 210.00 feet to the POINT OF BEGINNING of property described herein; thence run South 03 13' 06" West along the center line of County Road No. 202 for a distance of 99.66 feet to a point and corner; thence run North 89 30' 06" West for a distance of 205.20 feet to a point and corner; thence run North 00 29' 54" East for a distance of 105.00 feet to a point and corner; thence run South 88 00' 48" East for a distance of 210.00 feet to the point of beginning.
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).
The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Fay Servicing, LLC they can be contacted at (800) 495-7166 for Loss Mitigation Dept, or by writing to 440 South LaSalle Street, Suite 20, Chicago, Illinois 60605, to discuss possible alternatives to avoid foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is James Randall Davis or tenant(s); and said property is more commonly known as 530 Cutoff Road, Ashburn, GA 31714.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure.
PROF-2013-M4 Legal Title Trust II, by U.S. Bank National Association, as Legal Title Trustee as Attorney in Fact for James Randall Davis.
Brock & Scott, PLLC
4360 Chamblee Dunwoody Road
Suite 310
Atlanta, GA 30341
404-789-2661
B&S file no.: 16-20856
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