Notice of Sale Under Power.
State of Georgia, County of STEPHENS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JAIN MIECELL I ROBERSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ("MERS") AS NOMINEE FOR LOW VA RATES, ITS SUCCESSORS AND ASSIGNS , dated 06/19/2015, and Recorded on 06/26/2015 as Book No. 1068 and Page No. 82 99, STEPHENS County, Georgia records, as last assigned to 360 MORTGAGE GROUP, LLC (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $152,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the STEPHENS County Courthouse within the legal hours of sale on the first Tuesday in November, 2017, the following described property: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF STEPHENS, STATE OF GEORGIA, AND IS DESCRIBED AS FOLLOWS:
TRACT ONE: ALL THAT TRACT OR PARCEL OF LAND, WITH IMPROVEMENTS THEREON, LYING AND BEING IN THE CITY OF TOCCOA, STEPHENS COUNTY, GEORGIA. ON THE EAST SIDE OF SOUTH HILL STREET AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN AT THE SOUTHEAST CORNER OF THE INTERSECTION OF SOUTH HILL STREET AND HENRIETTA STREET AND RUNNING THENCE ALONG THE SOUTH SIDE OF HENRIETTA STREET NORTH 82 DEGREES 54 MINUTES EAST 152.1 FEET TO AN IRON PIN CORNER, THENCE SOUTH 03 DEGREES 08 MINUTES EAST 129.3 FEET TO AN IRON PIN CORNER; THENCE SOUTH 82 DEGREES 45 MINUTES WEST 156 FEET TO AN IRON PIN CORNER ON THE EAST SIDE OF SOUTH HILL STREET; THENCE ALONG THE EAST SIDE OF SOUTH HILL STREET NORTH 01 DEGREES 30 MINUTES WEST 130 FEET TO THE BEGINNING IRON PIN CORNER, ALL ACCORDING TO PLAT AND SURVEY BY G. DWIGHT PLESS, GEORGIA REGISTERED LAND SURVEYOR, DATED JUNE 3,1969, STEPHENS COUNTY RECORDS.
SUBJECT PROPERTY INCLUDES THE RIGHT TO INSTALL AND MAINTAIN A SEWER LINE THROUGH ADJOINING PROPERTY AS CONVEYED BY WARRANTY DEED FROM CORRIE AND BERTHA SMITH TO LIOYD PREWETT DATED JANUARY 31, 1957, RECORDED IN DEED BOOK 42, PAGE 28, STEPHENS COUNTY RECORDS; AND BY EASEMENT FROM CORRIE AND BERTHA SMITH TO LOYD PREWETT DATED MARCH 27,1954, AND RECORDED IN DEED BOOK 82, PAGE 261, STEPHENS COUNTY RECORDS.
THIS IS THE SAME PROPERTY AS CONVEYED BY A WARRANTY DEED FROM PAUL D. PREWETT TO CAROL D. STANCIL DATED JANUARY 6, 1979, AND RECORDED IN DEED BOOK 147, PAGE 738, STEPHENS COUNTY RECORDS.
TRACT TWO: ALL THAT TRACT OR PARCEL OF LAND, WITH IMPROVEMENTS THEREON, LYING AND BEING IN THE TOCCOA 440TH G M.D., STEPHENS COUNTY, GEORGIA, CONTAINING 0.15 OF AN ACRE, MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN CORNER LOCATED ON THE EAST RIGHT OF WAY OF SOUTH HILL STREET ADJACENT TO PROPERTY NOW OR FORMERLY OWNED BY STANCIL, SAID IRON PIN BEING LOCATED 130 FEET SOUTH OF THE RIGHT OF WAY OF HENRIETTA STREET AS MEASURED ALONG THE EAST RIGHT OF WAY OF SOUTH HILL STREET, THENCE RUNNING FROM SAID POINT OF BEGINNING ALONG PROPERTY NOW OR FORMERLY OWNED BY STANCIL NORTH 84 DEGREES 49 MINUTES EAST 149.7 FEET TO AN IRON PIN FOUND AT A PINE TREE; THENCE SOUTH 27 DEGREES 21 MINUTES WEST 59.9 FEET TO AN IRON PIN SET ADJACENT TO PROPERTY NOW OR FORMERLY OWNED, BY DOOLEY; THENCE RUNNING ALONG NOW OR FORMERLY DOOLEY PROPERTY SOUTH 85 DEGREES 08 MINUTES WEST 121.8 FEET TO AN IRON PIN CORNER LOCATED ON THE EAST RIGHT OF WAY OF SOUTH HILL STREET; THENCE RUNNING ALONG THE EAST RIGHT OF WAY OF SOUTH HILL STREET NORTH 00 DEGREE 14 MINUTES WEST 50.0 FEET TO THE BEGINNING IRON PIN CORNER, SAID LOT BEING MORE PARTICULARLY DESCRIBED ON A PLAT OF SURVEY FOR CAROL STANCIL PREPARED BY CLELLAND TYSON, GEORGIA REGISTERED LAND SURVEYOR, DATED NOVEMBER 21, 1989, RECORDED IN PLAT BOOK 15, PAGE 236, STEPHENS COUNTY RECORDS, THE DESCRIPTION AS CONTAINED THEREIN BEING INCORPORATED HEREIN BY REFERENCE. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). 360 MORTGAGE GROUP, LLC holds the duly endorsed Note and is the current assignee of the Security Deed to the property. 360 MORTGAGE GROUP, LLC, acting on behalf of and, as necessary, in consultation with 360 MORTGAGE GROUP, LLC (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44 14 162.2, 360 MORTGAGE GROUP, LLC may be contacted at: 360 MORTGAGE GROUP, LLC, 11305 FOUR POINTS DRIVE, BUILDING 1, SUITE 200, AUSTIN, TX 78726, 866 418 2997. Please note that, pursuant to O.C.G.A. 44 14 162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 303 SOUTH HILL STREET, TOCCOA, GEORGIA 30577 is/are: JAIN MIECELL I ROBERSON or tenant/tenants. 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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. 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 nonjudicial 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 in the preceding paragraph. 360 MORTGAGE GROUP, LLC as Attorney in Fact for JAIN MIECELL I ROBERSON. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000007016462 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.