NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of Sale contained in a Security Deed from THOMAS GALL and TAMMY GALL to Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Investors Corporation dated June 18, 2010, and recorded on June 25, 2010, in DEED BOOK 929, PAGE 483, of the Stephens County, Georgia Records, as last assigned to GREEN PLANET SERVICING, LLC n/k/a PLANET HOME LENDING, LLC (Secured Creditor); conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THOUSAND SEVEN HUNDRED SEVENTY-FOUR Dollars and 00/100 ($300,774.00) 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 Stephens County, Georgia, within the legal hours of sale on the first TUESDAY in MAY, 2017, the following described property:
LAND SITUATED IN THE COUNTY OF STEPHENS IN THE STATE OF GA:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 135 OF THE 12TH LAND DISTRICT OF STEPHENS COUNTY, GEORGIA, LYING ON THE NORTH AND NORTHWEST RIGHT-OF-WAY OF TRESTLE VIEW ROAD, AND BEING KNOWN AND DESIGNATED AS LOT FORTY-NINE (49), LOT FIFTY (50), LOT FIFTY-ONE (51), AND ONE-HALF OF LOT FIFTY-TWO (52), TRESTLE FALLS SUBDIVISION, PHASE ONE A, ACCORDING TO A PLAT AND SURVEY FOR AC&D REAL ESTATE, L.L.P BY BARTLETT AND CASH LAND SURVEYORS DATED AUGUST 8, 2000, RECORDED IN PLAT BOOK 16, PAGE 920, STEPHENS COUNTY PLAT RECORDS.
*Now designated as 009D 054 pursuant to the revised Stephens County Tax Map Plat.
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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Planet Home Lending, LLC, 321 Research Parkway, Suite 303, Meriden, CT 06450, 866-882-8187. 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 98 Trestle View Road, Toccoa, Georgia 30577, and the party in possession of the property is Tammy Gall or a tenant or tenants of said property.
PLANET HOME LENDING, LLC
As Attorney-in-Fact for
THOMAS GALL AND TAMMY GALL
SOLOMON | BAGGETT, LLC
3763 Rogers Bridge Road
Duluth, GA 30097