Notice Content
Notice of Sale Under Power.
State of Georgia, County of FANNIN.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by MARY L BRADDY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR PRIMARY CAPITAL ADVISORS, LC , dated 10/21/2009, and Recorded on 03/12/2015 as Book No. 1120 and Page No. 672680, FANNIN County, Georgia records, as last assigned to BANK OF AMERICA, N.A. (the Secured Creditor), by assignment, conveying the afterdescribed property to secure a Note of even date in the original principal amount of $155,625.00, 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 FANNIN County Courthouse within the legal hours of sale on the first Tuesday in September, 2015, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 8TH DISTRICT, 2ND SECTION OF FANNIN COUNTY, GEORGIA, AND BEING A PART OF LAND LOT NO. 163, AND BEING MORE PARTICULARLY DESCRIBED AS TRACT "C", CONTAINING 1.05 ACRES, AS SHOWN ON A PLAT OF SURVEY PREPARED BY JOHN P. QUINTRELL BY AND FOR RICHARD J. POOL AND ASSOCIATES, RICHARD J. POOL, G. R. L. NO. 2667, DATED JANUARY 18, 1998 AND REVISED ON AUGUST 24, 1998 AND RECORDED IN PLAT HANGER A437, PAGE 6, OFFICE OF THE CLERK OF SUPERIOR COURTS OF FANNIN COUNTY, GEORGIA. REFERENCE IS HEREBY MADE TO SAID RECORDED PLAT OF SURVEY FOR THE PURPOSE OF INCORPORATING SAME HEREIN AND FOR A MORE COMPLETE METES AND BOUNDS DESCRIPTION OF THE PROPERTY HEREIN DESCRIBED. ALSO CONVEYED HEREWITH IS A TWENTY (20) FT. RIGHTOFWAY EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE EXISTING SUBDIVISION ROADS. SAID EASEMENT IS NOT A MERE EASEMENT BUT A RIGHT RUNNING WITH THE LAND AND SHALL INURE TO THE BENEFIT OF THE GRANTEES HEREIN, THEIR HEIRS AND ASSIGNS. THE GRANTOR HEREIN RESERVES FOR ITSELF, ITS HEIRS AND ASSIGNS, AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE ABOVE REFERENCED ROADS WHICH TRAVERSE THE ABOVE DESCRIBED PROPERTY AND LEADS TO OTHER PROPERTY OWNED BY THE GRANTOR HEREON. THE ABOVE CONVEYED AND RESERVED EASEMENTS ARE MORE FULLY SET FORTH ON THE ABOVE REFERENCE RECORDED PLAT OF SURVEY.
THE ABOVE DESCRIBED PROPERTY IS A PORTION OF THAT CONVEYED BY WARRANTY DEED DATED FEBRUARY 20, 1998, FROM JOHN THOMAS STEPHENS (A/K/A JOHN THOMAS STEPHENS, JR.) TO JOHN P. CANTRELL, RECORDED FEBRUARY 20, 1998, IN DEED BOOK 284, PAGE 240, FANNIN COUNTY DEED RECORDER. 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 attorney's fees (notice of intent to collect attorney's fees having been given). BANK OF AMERICA, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, acting on behalf of and, as necessary, in consultation with BANK OF AMERICA, N.A. (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. 4414162.2, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP may be contacted at: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, 7105 CORPORATE DRIVE, PLANO, TX 75024, 8006696650. Please note that, pursuant to O.C.G.A. 4414162.2, 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 88 NELS RIDGE ROAD, MINERAL BLUFF, GEORGIA 30559 is/are: MARY L BRADDY 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 913172.1, 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. BANK OF AMERICA, N.A. as Attorney in Fact for MARY L BRADDY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005405279 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 3415398.
Aug.5-26
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