Notice Content
STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated December 8, 2006, executed by Tracy L. Smith and David A. Smith to Mortgage Electronic Registration Systems, Inc. as nominee for Gilmer County Bank, recorded in Deed Book 1334, Page 383, Gilmer County, Georgia Deed Records, and securing a Note in the original principal amount of $222,400.00, said Security Deed last having been assigned to GREEN TREE SERVICING LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in September, 2015 to-wit: September 1, 2015, during the legal hours of sale, before the Gilmer County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in Land Lot 276 of the 11th District, 2nd Section, Gilmer County, Georgia as shown in a Plat of Survey prepared by Joel Jordan, Registered Land Surveyor dated December 1993 and recorded in Plat Book 23, page 238 of the Gilmer County Plat Records, and being more particularly described in said plat of survey as follows:
To ascertain the true POINT OF BEGINNING begin at the Northwest corner of Land Lot 276, said corner being the common corner for Land Lots 276, 277, 264 and 265; thence South 45 degrees 21 minutes East 845.45 feet to an iron pin found at the true POINT OF BEGINNING: thence from said true POINT OF BEGINNING, North 06 degrees 52 minutes West 146.30 feet to an iron pin set: thence South 85 degrees 12 minutes East 375.56 feet to an iron pin set; thence South 06 degrees 36 minutes East 114.59 feet to an iron pin found; thence North 90 degrees 00 minutes West 369.92 feet to the POINT OF BEGINNING. Said tract contains 1.10 acres as shown in the above referenced plat of survey, which plat of survey is incorporated herein and made a part hereof by reference for a complete description of the property.
Also conveyed hereby is a perpetual easement for ingress and egress and for the location of utilities therein, said easement being 40 feet in width and running from the West right-of-way of Yukon Highway in a generally Westerly and Southwesterly direction to the East Side of the hereinabove described property. Said easement herein granted shall bind the heirs and assigns of the Grantor and shall inure to the benefit of the successors in title of the Grantees. Said easement is nonexclusive and is in common with others previously granted or who may later be granted a similar right.
The aforedescribed real property is also known as 4806 Yukon Rd., Ellijay, GA 30540, according to the present system of numbering houses in Gilmer County, Georgia.
This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Green Tree Servicing LLC, Attn: Loss Mitigation, 7360 S. Kyrene Road, Mail Stop P-214, Tempe, AZ 85283. The telephone number is (877) 337-4141. The fax number is (877) 265-9717.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the extent that said real property is comprised of more than one parcel, said real property will be sold in one or more parcels and in such order as the holder of the Security Deed may determine.
Upon information and belief, said real property is presently in the possession or control of Tracy L. Smith and David A. Smith and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
GREEN TREE SERVICING LLC
as Attorney-in-Fact for
TRACY L. SMITH and DAVID A. SMITH
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, 10th Floor
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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