Wednesday, January 8, 2020
NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of Sale contained in a Security Deed from DURAN STEPHENS AND MELISSA STEPHENS to Mortgage Electronic Registration Systems, Inc., as nominee for United Community Bank d/b/a United Community Mortgage Services, Inc., its successors and assigns, dated August 27, 2008, and recorded on September 5, 2008, in Book 1106, Page 709, of the Lumpkin County, Georgia Records; as last assigned to CARRINGTON MORTGAGE SERVICES, LLC (Secured Creditor); conveying the after-described property to secure a Note in the original principal amount of $139,816.00 with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lumpkin County, Georgia, within the legal hours of sale on the first TUESDAY in February, 2020, the following described property:
Being in Land Lot 632 of the 5th District, 1st Section, Lumpkin County, Georgia, and being Tract 1 and Tract 2 as shown on a plat of survey for Mike Bolling (sic) by C. Fred Cannington, Ga. RLS No. 1433, dated June 20, 2006, and plat recorded at Plat Cabinet 1, Slide 137, Page 127 and being particularly described as follows:
To find the True Point of Beginning, begin at an iron pin located South 0 degrees 0 minutes 58 seconds East 423.45 feet from the Northeast corner of Land Lot 632; run thence South 0 degrees 0 minutes 58 minutes East 474.3 feet to a point; thence South 83 degrees 45 minutes 13 seconds West 135.89 feet to a point, which is the True Point of Beginning; thence South 61 degrees 58 minutes 36 seconds West 415.7 feet to an iron pin located on the Eastern right of way of Little Mountain Road (80 foot right-of-way); thence along said right-of-way the following courses and distances: North 41 degrees 1 minutes 57 seconds West 23.69 feet, North 47 degrees 51 minutes 32 seconds West 68.77 feet, North 55 degrees 41 minutes 31 seconds West 35.6 feet, and North 61 degrees 35 minutes 8 seconds West 25.95 feet to a point where said right-of-way intersects with the centerline of a creek; thence along with said creek centerline the following courses and distances: North 43 degrees 10 minutes 32 seconds East 20.33 feet, North 28 degrees 48 minutes 34 seconds East 21.34 feet, North 48 degrees 42 minutes 10 seconds East 12.36 feet, South 88 degrees 45 minutes 6 seconds East 14.46 feet; North 63 degrees 39 minutes 34 seconds East 7.38 feet, North 24 degrees 8 minutes 26 seconds West 12.11 feet, North 27 degrees 8 minutes 45 seconds East 11.41 feet, North 33 degrees 41 minutes 8 seconds East 39.82 feet, North 72 degrees 33 minutes 48 seconds East 13.17 feet, South 88 degrees 13 minutes 21 seconds East 33.25 feet, North 52 degrees 38 minutes 11 seconds East 50.79 feet, South 69 degrees 15 minutes 45 seconds East 11.74 feet, North 86 degrees 45 minutes 19 seconds East 7.46 feet, North 42 degrees 1 minutes 27 seconds East 8.44 feet, North 40 degrees 41 minutes 26 seconds East 36.32 feet, North 66 degrees 16 minutes 33 seconds East 51.76 feet, and South 86 degrees 55 minutes 25 seconds East 22.63; thence leaving said creek centerline and running North 0 degrees 17 minutes 46 seconds East 101.12 feet to a point; thence North 89 degrees 43 minutes 18 seconds East 127.95 feet to a point; thence South 22 degrees 25 minutes 53 seconds East 200.42 feet to the True Point of Beginning.
This property is conveyed subject to a non-exclusive, perpetual easement for ingress and egress between Tracts 4 and 5 and Little Mountain Road (80 foot right-of-way), being 40 feet in width, and running along the South line of Tract 1 as shown on the above-referenced survey.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorneys fees having been given) and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The 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 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 non-judicial 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 immediately above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CARRINGTON MORTGAGE SERVICES, LLC, 1600 South Douglass Road, Suite 200-A, Anaheim, CA 92806, 1-800-561-4567. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best of the undersigned's knowledge and belief, said property is also known as 77 Foster Drive, Dahlonega, GA 30533, and the party in possession of the property is/are DURAN STEPHENS AND MELISSA STEPHENS or a tenant or tenants of said property.
As Attorney-in-Fact for
DURAN STEPHENS AND
SOLOMON | BAGGETT, LLC
3763 Rogers Bridge Road
Duluth, GA 30097
THE LAW 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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