NOTICE OF SALE UNDER POWER, STEPHENS COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Darrel Birnley to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Everett Financial, Inc. d/b/a Supreme Lending, its successors and assigns dated 8/18/2017 and recorded in Deed Book 1130 Page 88 Stephens County, Georgia records; as last transferred to or acquired by PENNYMAC LOAN SERVICES, LLC, conveying the after-described property to secure a Note in the original principal amount of $249,882.00, 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 September 1, 2026 (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: PARCEL I: All that tract or pared of land situate, tying and being in the 1647th District, G.M., Stephens County, Georgia, containing 10.76 acres, more or less, and being bounded, now or formerly, as follows: On the Northeast by lands of Sheriff for 569.477 and 206.025 feet; on the East by lands of Kay for 472.00 feet; on the South by lands of Merryman for 773.429 feet; and on the West by lands of Herron for 260.0, 205.025 and 275.055 feet (centerline of Lime Tom's Creek being property line), and being more clearly shown delineated on a Plat of Survey for Ruby, Rickey and Cam Harrison, by Ruins Gerald Sadler, Registered Land Surveyor, dated April 5, 2005 said Plat being recorded in Plat Book 17, Page 310 D, Stephens County Records, which Plat and reference thereto are expressly incorporated herein as a part of this description. SUBJECT TO Soil Conservation use expiring on December 31, 2024, which Grantee has agreed to continue and assume. THIS CONVEYANCE is made subject to all zoning ordinances, easements, rights of way for public lands and public utilities and any restrictions of record affecting said described property. PARCEL II: All that tract or pared of land situate, lying and being in the 1647th District, G.M., Stephens County, Georgia, containing 10.759 acres, more or less, and being bounded, now or formerly, as follows: On the North by lands of Harrison for 770.03 feet; on the East by lands of Kay for 470.20 feet; on the South by Kay lands for 102.64 and 670.41 feet; and on the West by lands of Herron (centerline of Lime Tom's Creek being property line), and being more clearly shown delineated on a Plat of Survey for Bill W. Merryman and Barbara A. Merryman, by G. Brian Slate, Registered Land Surveyor, dated June 2, 2008, revised July 7, 2008 and October 13, 2009, said Plat being recorded in Plat Book 17, Page 838 B, Stephens County Records, which Plat and reference thereto, are expressly incorporated herein as part of this description. Also conveyed herein in a non-exclusive 20 ingress-egress easement as more particularly described on the above-referenced plat and that Ingress-Egress Easement dated October 19, 2009, and recorded at Deed book 911, Page 30, Stephens County, Georgia Deed Records. SUBJECT TO Soil Conservation use expiring on December 31, 2024, which Grantee has agreed to continue and assume. THIS CONVEYANCE is made subject to all zoning ordinances, easements, rights of way for public lands and public utilities and any restrictions of record affecting said described property. 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 228 Kay Dr, Martin, GA 30557 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): Estate and/or Heirs of Darrel Birnley or tenant or tenants. PennyMac Loan Services, LLC is the entity or individual designated, who shall have full authority to negotiate, amend and modify all terms of the mortgage. PennyMac Loan Services, LLC Loss Mitigation 3043 Townsgate Road #200, Westlake Village, CA 91361 1-866-549-3583 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. PENNYMAC LOAN SERVICES, LLC as agent and Attorney in Fact for Darrel Birnley Aldridge Pite, LLP, Six Piedmont Center, 3525 Piedmont Road, N.E., Suite 700, Atlanta, Georgia 30305, (404) 994-7400. 1120-8833A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1120-8833A
gpn11
tr916059
