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Notice of Sale Under Power State of Georgia, County of GLYNN. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ISHMAEL H GEARHART JR. AKA ISHMAEL GEARHART AND ROBERTA E GEARHART to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR FIRST BANK MORTGAGE , dated 08/11/2008, and Recorded on 08/15/2008 as Book No. 2474 and Page No. 373-383, GLYNN County, Georgia records, as last assigned to U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $164,025.00, 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 GLYNN County Courthouse within the legal hours of sale on the first Tuesday in September, 2015, the following described property: ALL THAT CERTAIN TRACT, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN THE 1356TH DISTRICT, G.M., GLYNN COUNTY, GEORGIA, NEAR BENEDICT, DESCRIBED AND IDENTIFIED ACCORDING TO A PLAT MADE BY C.H. BLISS, REGISTERED SURVEYOR NO. 13, DATED MARCH 20, 1954, AND RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT IN DEED BOOK 7-L, PAGE 487, SAID TRACT BEING THE SOUTHERN ONE-HALF OF THE 0.63 ACRE TRACT WHICH IS DESIGNATED ON SAID PLAT AS G.H. LEGGETT, JR., 0.63 ACRES, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT ON THE NORTHERN LINE OF A 20 FOOT ROAD SOUTH 81 DEGREES 30 MINUTES WEST 295 FEET FROM THE INTERSECTION OF THE NORTHERN LINE OF SAID 20 FOOT ROAD WITH THE WESTERN LINE OF A 12 FOOT ROAD AND FROM SAID BEGINNING POINT CONTINUING SOUTH 81 DEGREES 30 MINUTES WEST ALONG THE NORTHERN LINE OF SAID 20 FOOT ROAD FOR A DISTANCE OF 145 FEET TO A POINT, THENCE TURNING AND RUNNING NORTH 24 DEGREES 30 MINUTES WEST FOR A DISTANCE OF 100 FEET TO A POINT, THENCE TURNING AND RUNNING NORTH 81 DEGREES 30 MINUTES EAST FOR A DISTANCE OF 145 FEET TO A POINT; THENCE TURNING AND RUNNING SOUTH 24 DEGREES 30 MINUTES EAST FOR A DISTANCE OF 100 FEET TO THE POINT OR PLACE OF BEGINNING. 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). U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST holds the duly endorsed Note and is the current assignee of the Security Deed to the property. CALIBER HOME LOANS, INC., acting on behalf of and, as necessary, in consultation with U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST (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, CALIBER HOME LOANS, INC. may be contacted at: CALIBER HOME LOANS, INC., 13801 WIRELESS WAY, OKLAHOMA CITY, OK 73134, 800-401-6587. 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 107 HENDRICKS LANE, BRUNSWICK, GEORGIA 31520 is/are: ISHMAEL H GEARHART JR. AKA ISHMAEL GEARHART AND ROBERTA E GEARHART 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 TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST as Attorney in Fact for ISHMAEL H GEARHART JR. AKA ISHMAEL GEARHART AND ROBERTA E GEARHART. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005385380 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.
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