Newsbank Archive
August 02, 2014

gpn11 STATE OF GEORGIA COUNTY OF LUMPKIN NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated May 28, 1998, executed by Cyndi N

Where:

30533

Description:

gpn11 STATE OF GEORGIA COUNTY OF LUMPKIN NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated May 28, 1998, executed by Cyndi N. Durham and Richard A. Durham to Fairfield Mortgage Associates of Gainesville, recorded in Deed Book Z19, Page 100, Lumpkin County, Georgia Deed Records, and securing a Note in the original principal amount of $142,000.00, 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 August, 2014 to-wit: August 5, 2014, during the legal hours of sale, before the Lumpkin 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 Lots 678, 679, 722 and 723 of the 12th District, 1st Section of Lumpkin County, Georgia, located on the northwesterly side of Georgia State Route No. 9-E, containing 1.90 acres according to a plat of survey prepared for Richard A. and Cindi N. Durham by Jimmy D. Bullock, registered surveyor, dated July 12, 1985, recorded in Plat Book 14, page 162, Lumpkin County, Georgia Plat Records. Reference to said plat and the record thereof is hereby made for a more complete description of said property. This conveyance is made by Marvin Brackett, as Executor under the Last Will and Testament of Isabella Brackett which Will has been probated on the Lumpkin County Probate Records. AND All that tract or parcel of land lying and being in Land Lots 679 and 722 of the 12th District, 1st Section of Lumpkin County, Georgia, containing 3.395, more or less, as per a plat of survey prepared for Charles Woody by Farley-Collins Associates, Georgia Registered Surveyors, dated December 2, 1988, record in Plat Book 21, Page 106, Lumpkin County Records. Said plat of survey is incorporated herein by reference for a more particular description of the above property. Grantor hereby reserves and easement 20 feet in width lying immediately adjacent to the Grantees property line which is shown as being in the center of a dirt drive and grades drive for purposes of ingress, egress, and utilities for himself, his heirs and assigns and the Grantor hereby conveys to the Grantee a perpetual nonexclusive easement twenty feet in width lying immediately adjacent to the above described easement as shown on the plat of survey for purposes of ingress, egress and utilities. It is the intention of the parties that the dirt drive shown on the plat of survey and the graded drive shown on the plat of survey be and is a 40 foot easement for use by both parties, their heirs and assigns. The aforedescribed real property is also known as 1370 Auraria Road, Dahlonega, GA 30533, according to the present system of numbering houses in Lumpkin 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. Upon information and belief, said real property is presently in the possession or control of CYNDI N. DURHAM AND RICHARD A. DURHAM 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 CYNDI N. DURHAM AND RICHARD A. DURHAM 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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