NOTICE OF SALE UNDER POWER
GEORGIA, STEPHENS COUNTY
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Herchel E. Brawner and Ouida M. Brawner to CitiFinancial Services, Inc., dated February 27, 2006, recorded in Deed Book 748, Page 126, Stephens County, Georgia Records, as last transferred to FV-I, Inc. in trust for Morgan Stanley Mortgage Capital Holdings LLC by assignment recorded in Deed Book 1118, Page 481, Stephens County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-FIVE THOUSAND SEVEN HUNDRED THIRTY-THREE AND 53/100 DOLLARS ($65,733.53), 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, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in June, 2017, the following described property:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the 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 Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
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.
FV-I, Inc. in trust for Morgan Stanley Mortgage Capital Holdings LLC is the holder of the Security Deed to the property in accordance with OCGA 44-14-162.2.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Specialized Loan Servicing, 8742 Lucent Blvd STE 300, Highlands Ranch, CO 80129 800-306-6059.
To the best knowledge and belief of the undersigned, the party in possession of the property is Herchel E. Brawner and Ouida M. Brawner or a tenant or tenants and said property is more commonly known as 177 Highpoint Ave, Toccoa, Georgia 30577.
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.
FV-I, Inc. in trust for Morgan Stanley Mortgage Capital Holdings LLC
as Attorney in Fact for
Herchel E. Brawner and Ouida M. Brawner
McCalla Raymer Leibert Pierce, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
All that certain parcel of land lying and being situated in the County of Stephens, State of GA, to wit:
All that tract or parcel of land situate, lying and being in the City of Toccoa, (440) G.M.D., Stephens County, Georgia, lying on the East right-of-way of Highpoint Avenue containing 0.34 acres and being known and designated as 177 Highpoint Avenue according to a plat of survey by Clelland A. Tyson, R.S. Dated July 20, 1991 and recorded in Plat Book 15, Page 385, Stephens County Records, and being more particularly described as follows: Beginning at an iron pin found on the East right-of-way of Highpoint Avenue, said iron pin located 76 feet North of the right-of-way of Davis Avenue as measured along the East right-of-way of Highpoint Avenue North 01 degree 30 minutes East 106.4 feet to an iron pin found; thence running North 46 degrees 29 minutes East 142.7 feet to a fence corner; thence running along the West right-of-way of Saxon Place South 2 degrees 33 minutes West 103.0 feet to a fence corner; thence running along property of Whitehead South 85 degrees 01 minutes West 141.1 feet to the iron pin point of beginning.
Tax Map Reference: T-28-003
Being that parcel of land conveyed to Herchel E. Brawner and Ouida M. Brawner, for and during their joint lives, and, upon the death of either of them, then the survivor of them from Armine G. Stinnett and Cheryl J. Stinnett by that deed dated 07/29/1991 and recorded 07/30/1991 in deed book 249, at page 208 of the Stephens County, GA Public Registry.
Our file no. 5387716 - FT1