NOTICE OF SALE UNDER
POWER, STEPHENS COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Alfred Lee Bates and Inez E Bates to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for SOUTHERN HORIZON FINANCIAL GROUP LLC, its successors and assigns dated 4/7/2008 and recorded in Deed Book 858 Page 4 Stephens County, Georgia records; as last transferred to or acquired by LAKEVIEW LOAN SERVICING, LLC, conveying the after-described property to secure a Note in the original principal amount of $129,920.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Stephens County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on February 4, 2020 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 440TH DISTRICT, G.M. AND 159TH LAND LOT OF THE 12TH LAND DISTRICT, STEPHENS COUNTY, GEORGIA, BEING 1.05 ACRES, MORE OR LESS, AS SHOWN ON A PLAT OF SURVEY PREPARED FOR INEZ E. BATES BY MICHAEL J. SMITH, REGISTERED SURVEYOR, DATED FEBRUARY 21, 1997, RECORDED IN PLAT BOOK 16, PAGE 151, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF STEPHENS COUNTY, GEORGIA, WHICH RECORDED PLAT IS HEREBY INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION.
SAID PROPERTY IS BOUNDED ON THE WEST BY LANDS NOW OR FORMERLY OF TURGEON; ON THE SOUTH BY FINDLEY ROAD; AND ON THE NORTHEAST BY GEORGIA HIGHWAY 17 ALT (100 FOOT RIGHT OF WAY).
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 the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
Said property is commonly known as 72 Finley Road, Toccoa, GA 30577, Toccoa, GA 30577 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Alfred Lee Bates and Inez E Bates or tenant or tenants.
Flagstar Bank is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
5151 Corporate Drive
Mail Stop: S-142-3
Troy, MI 48098
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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.
LAKEVIEW LOAN SERVICING, LLC as agent and Attorney in Fact for Alfred Lee Bates and Inez E Bates
Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1095-656A