NOTICE OF FORECLOSURE SALE UNDER POWER
STEPHENS COUNTY, GEORGIA
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 Anthony Owenby And Angela Owenby to Mortgage Electronic Registration Systems, Inc., as nominee for American Freedom Mortgage Inc., dated July 12, 2004, and recorded in Deed Book 16437, Page 771, Stephens County, Georgia Records, subsequently re-recorded August 14, 2007 in Book 822, Page 313 Stephens County, Georgia Records, subsequently re-recorded January 15, 2010 in Book 918, Page 107 Stephens County, Georgia Records, as last transferred to Bank of America, N.A. by assignment recorded on June 14, 2017 in Book 1124 Page 235 in the Office of the Clerk of Superior Court of Stephens County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Two Hundred Fifty-Six Thousand Five Hundred and 0/100 dollars ($256,500.00), 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 September 4, 2018, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 440TH DISTRICT, G.M., STEPHENS COUNTY, GEORGIA, AND MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CORNER COMMON TO LOT 1 AND 4 OF THE WALTER CHEEK PROPERTY AND LANDS OF TOCCOA FALLS SCHOOL, THENCE RUNNING ALONG THE LINE OF TOCCOA FALLS SCHOOL NORTH 31 DEGREES 08 MINUTES WEST 382.1 FEET TO A CONCRETE MONUMENT COMMON TO LOTS 1 AND 2 OF THE WALTER CHEEK PROPERTY, LANDS OF TOCCOA FALLS SCHOOL AND LANDS OF THE BOWERS; THENCE ALONG THE LINE OF LOT 2 OF THE WALTER CHEEK PROPERTY SOUTH 76 DEGREES 42 MINUTES EAST 264.5 FEET OT A CONCRETE MONUMENT COMMON TO LOTS 1, 2 AND 3 OF THE WALTER CHEEK PROPERTY; THENCE ALONG THE LINE OF LOT 3 SOUTH 04 DEGREES 05 MINUTES EAST 240.2 FEET TO A 40 INCH WHITE OAK NEXT TO LOT 4 OF THE WALTER CHEEK PROPERTY; THENCE ALONG THE LINE OF LOT 4 SOUTH 70 DEGREES 53 MINUTES WEST 81.5 FEET TO THE BEGINNING CORNER, CONTAINING 1.04 ACRE AND DESIGNATED AS LOT 1 OF THE WALTER CHEEK PROPERTY, ACCORDING TO PLAT AND SURVEY BY HUBERT LOVELL, REGISTERED LAND SURVEYOR, DATED SEPTEMBER 28, 1977, COPY OF SAID PLAT RECORDED IN PLAT BOOK 9, PAGE 126, STEPHENS COUNTY RECORDS.
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 attorneys fees (notice of intent to collect attorneys fees having been given).
The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Shellpoint Mortgage Servicing they can be contacted at 800-365-7107 for Loss Mitigation Dept, or by writing to 55 Beattie Place, Suite 110, Greenville, South Carolina 29601, to discuss possible alternatives to avoid foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Anthony Owenby And Angela Owenby or tenant(s); and said property is more commonly known as 167 Sandy Road, Toccoa, GA 30577.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure.
Bank of America, N.A. as Attorney in Fact for Anthony Owenby And Angela Owenby.
Brock & Scott, PLLC
4360 Chamblee Dunwoody Road
Atlanta, GA 30341
B&S file no.: 16-11039