Notice Content
NOTICE OF SALE UNDER POWER
GEORGIA, FANNIN 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 Richard Green and Ruth Green to FT MORTGAGE COMPANIES D.B.A EQUIBANC MORTGAGE CORPORATION, dated 07/02/1999, recorded in Deed Book 330, Page 125, Fannin County, Georgia records, as last transferred to U.S. Bank National Association, as Trustee, successor in interest to Bank of America National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2007-RP2 by assignment recorded or to be recorded in the Fannin County, Georgia records conveying the after-described property to secure a Note in the original principal amount of Ninety-Two Thousand Nine Hundred and 00/100 DOLLARS ($92,900.00), 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 Fannin County, Georgia, within the legal hours of sale on the first Tuesday in June 2015, the following described property:
TRACT NO. I: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 8TH DISTRICT AND 2ND SECTION OF FANNIN COUNTY, GEORGIA AND BEING PART OF LAND LOT NO. 10, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY CONVEYED AT AN IRON PIN AND ROCK CORNER ON THE ORIGINAL LINE ON THE SOUTH SIDE OF SAID LAND LOT; AND RUNNING THENCE WEST WITH THE ORIGINAL LINE TO AN IRON PIN AT THE BRANCH; THENCE NORTHERLY DIRECTION WITH THE BRANCH A DISTANCE OF 420 FEET MORE OR LESS, TO A ROCK AND IRON CORNER AT THE MAC RYDER PROPERTY; THENCE NORTH WITH RYDER LINE TO A ROCK AND PIN CORNER AT THE HARVE ROSS PROPERTY CORNER; THENCE SOUTHEASTERLY WITH THE HARVE PROPERTY TO THE POINT OF BEGINNING, AND CONTAINING BY ESTIMATION SIX AND ONE-HALF, (61/2), ACRES OF LAND, MORE OR LESS. THE ABOVE DESCRIBED PROPERTY IS THE SAME PROPERTY THAT WAS CONVEYED TO WILLIAM C. SIMONDS AND WIFE, SANDRA L. SIMONDS BY WARRANTY DEED WITH RIGHTS OF SURVIVORSHIP DATED THE 29TH OF MARCH, 1976, FROM FLOYD J. CHAPMAN AND WIFE PEGGY JONES CHAPMAN, SAID DEED BEING RECORDED IN DEED BOOK 55, PAGES 178-179, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT FOR FANNIN COUNTY, GEORGIA.
TRACT NO. II: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 8TH DISTRICT AND 2ND SECTION OF FANNIN COUNTY, GEORGIA, AND BEING A PART OF LAND LOT NO. 10, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN LOCATED ON THE NORTHERLY LINE OF WOLF CREEK ROAD, (AND 80 DEGREE R.O.W.), THE MOST SOUTH AND WEST CORNER OF SIXTY, (60), ACRE TRACT NOW OR FORMERLY BELONGING TO BOBBY MCCLURE, SAID POINT OF COMMENCING BEING 2,080 FEET, MORE OR LESS, EASTERLY FROM THE SOUTHWEST CORNER OF SAID LAND LOT NO. 10, AS MEASURED ALONG THE SOUTH LINE OF SAID LAND LOT; THENCE NORTH 37 DEGREES 54` 00" WEST, ALONG A LINE COMMON TO LANDS OF "SIMONDS" AND "MCCLURE", 816.00 FEET TO AN IRON PIN SOME SEVEN, (7), FEET SOUTHERLY FROM A "TWIN PINE"; THENCE STILL WITH THE "MACK RYDER" AND "MCCLURE" LINE NORTH 80 DEGREES 4` 35" W WEST, 262.80 FEET TO A MAPLE TREE ON THE SOUTHERLY BANK OF WOLF CREEK; THENCE NORTH 7DEGREES 49` 57" WEST, 9.20 FEET TO THE CENTER LINE OF SAID CREEK; THENCE IN A NORTHEASTERLY AND EASTERLY DIRECTION WITH THE CENTER LINE OF SAID CREEK THE FOLLOWING COURSES AND DISTANCES: NORTH 33 DEGREES 35` 56" EAST, 29.07 FEET; NORTH 29 DEGREES 02` 32" EAST,74.35 FEET; NORTH 81 DEGREES 12`21" EAST, 33.12 FEET; NORTH 70 DEGREES 35` 44" EAST, 42.97 FEET; THENCE LEAVING THE CENTER LINE OF SAID CREEK AT SOUTH 22 DEGREES 11` 52" EAST, 20.50 FEET TO AN IRON PIN; THENCE SOUTH 22 DEGREES 11` 45" EAST, 1,082.59 FEET TO AN IRON PIN AT THE PLACE OF COMMENCING. THE ABOVE DESCRIBED PROPERTY IS THE SAME PROPERTY THAT WAS CONVEYED TO WILLIAM C. SIMONDS AND WIFE, SANDRA L. SIMONDS BY WARRANTY DEED DATED THE 7TH DAY OF NOVEMBER, 1981, FROM BOBBY MCCLURE AND MARIE MCCLURE, SAID DEED BEING RECORDED IN DEED BOOK 73, PAGE 344-45, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT FOR FANNIN COUNTY, GEORGIA. THE ONE-HALF (1/2) OF WILLIAM C. SIMONDS IN AND TO THE ABOVE DESCRIBED PROPERTY IS/WAS CONVEYED FROM WILLIAM C. SIMONDS TO SANDRA L. SIMONDS, NOW KNOWN AS SANDRA L. SIMONDS THOMAS ON THE 25TH DAY OF SEPTEMBER 1984, SAID DEED BEING RECORDED IN DEED BOOK 99, PAGE 90-9 ON THE 7TH DAY OF FEBRUARY 1985, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT FOR FANNIN COUNTY, GEORGIA.
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 attorney's fees (notice of intent to collect attorney's 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing, LLC, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 561-682-8000. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Richard Green, Ruth Green k/n/a Rebecca R. Verner or a tenant or tenants and said property is more commonly known as 363 Wolf Creek Road, Mineral Bluff, GA 30559.
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.
U.S. Bank National Association, as Trustee, successor in interest to Bank of America National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2007-RP2
As Attorney in Fact for Richard Green, Ruth Green
Weissman, Nowack, Curry, & Wilco P.C.
Attn: Lender Services
One Alliance Center, 4th Floor
3500 Lenox Road
Atlanta, GA 30326
Our File# 017237-003825
May 6-27
#162256
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