NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF LUMPKIN
Under and by virtue of the power of sale contained with that certain Security Deed dated July 7, 1999, from Shane Hardin to The Mortgage People Co., recorded on July 20, 1999 in Deed Book H 23 at Page 27 Lumpkin County, Georgia records, having been last sold, assigned, transferred and conveyed to BANK OF AMERICA, N.A.by Assignment and said Security Deed having been given to secure a note dated July 7, 1999, in the amount of $68,000.00, and said Note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Lumpkin County, Georgia, on April 7, 2020 the following described real property (hereinafter referred to as the "Property"):
ALL THAT TRACT, PARCEL OR LOT OF LAND, LYING AND BEING IN LAND LOT 715 OF THE 5TH DISTRICT, 1ST SECTION, LUMPKIN COUNTY, GEORGIA AND BEING 1.12 ACRES AS MORE PARTICULARLY SHOWN ON A "PLAT OF SURVEY FOR SHANE HARDIN" BEING PREPARED BY PRECISION LAND SERVICES, MICHAEL S. KELLEY, GEORGIA R.L.S. #2313, DATED DECEMBER 11, 1998, BEING RECORDED IN PLAT 1, SLIDE 26, PLAT 116A, LUMPKIN COUNTY, GEORGIA RECORDS. SAID PLAT BEING INCORPORATED HEREIN FOR A MORE ACCURATE DESCRIPTION.
TOGETHER WITH AND SUBJECT TO THOSE CERTAIN INGRESS/EGRESS EASEMENTS AS SHOWN ON THE PLAT RECORDED IN PLAT 1, SLIDE 26, PLAT 116A, LUMPKIN COUNTY, GEORGIA RECORDS
TOGETHER WLTH THAT CERTAIN HOUSING UNIT WHICH WAS FORMERLY PERSONALTY BUT IS NOW PERMANENTLY ANNEXED AND AFFIXED TO THE ABOVE DESCRIBED LAND AS A PERMANENT IMPROVEMENT AND WHICH IS THE SUBJECT OF GEORGIA MOTOR VEHICLE CERTIFICATE OF TITLE NUMBERS: 36176793, 36176794, and 36176795 AND ALL RIGHTS THERE UNTO APPERTAINING .
THIS CONVEYANCE IS MADE SUBJECT TO EASEMENTS FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note.
The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law.
To the best of the undersigned's knowledge, the person(s) in possession of the property is W.A. Hardin, Deceased, Rita Sue Day, as Executor of the Estate of W.A. Hardin, deceased, Shane Hardin.
The property, being commonly known as 1725 Ben West Road., Dahlonega, GA, 30533 in Lumpkin County, will be sold as the property of W.A. Hardin, Deceased, Rita Sue Day, as Executor of the Estate of W.A. Hardin, deceased, Shane Hardin., subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Pursuant to O.C.G.A.Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Bank of America, N.A., 7105 Corporate Dr., Plano, TX 75240, 1-877-744-7691 . The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
Attorney for BANK OF AMERICA, N.A. as Attorney in Fact for Shane Hardin
100 Galleria Parkway, Suite 960
Atlanta, GA 30339
Phone: (770) 373-4242
For the Firm
THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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