NOTICE OF FORECLOSURE SALE UNDER POWER
FANNIN 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 Larry Bender to American Equity Mortgage, Inc., dated February 18, 2000, and recorded in Deed Book 350, Page 507, Fannin County, Georgia Records, as last transferred to U.S. Bank Trust National Association, as Trustee of the PRP II PALS Investments Trust by assignment recorded in Deed Book 1337, Page 186 in the Office of the Clerk of Superior Court of Fannin County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of sixty-five thousand two hundred fifty and 00/100 ($65,250.00), 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 Fannin County, Georgia, within the legal hours of sale on Tuesday, May 5, 2020, the following described property:
TRACT OR PARCEL OF LAND LYING AND BEING IN THE 8TH DISTRICT AND 2ND SECTION OF FANNIN COUNTY, GEORGIA, AND BEING A PART OF LAND LOT NO. 271, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN LOCATED ON THE WESTERLY MARGIN OF OAK STREET, SAID IRON PIN BEING A COMMON CORNER BETWEEN SUBDIVISION LOT NO. 21, HEREIN CONVEYED, AND SUBDIVISION LOT NO. 20, NOW OWNED BY ELAINE R. PHILLIPS; THENCE SOUTH 90 DEGREES 50 MINUTES WEST A DISTANCE OF 200 FEET, MORE OR LESS, TO AN IRON PIN, SAID IRON PIN BEING A COMMON CORNER BETWEEN SUBDIVISION LOT NO. 21, HEREIN CONVEYED, AND SUBDIVISION LOT NO. 20, NOW OWNED BY ELAINE R. PHILLIPS; THENCE SOUTH 0 DEGREES, 10 MINUTES EAST A DISTANCE OF 100 FEET, MORE OR LESS, TO AN IRON PIN, SAID IRON PIN BEING A COMMON CORNER BETWEEN SUBDIVISION LOT NO. 21, HEREIN CONVEYED, AND SUBDIVISION LOT NO. 22; THENCE NORTH 89 DEGREES 50 MINUTES EAST A DISTANCE OF 200 FEET TO AN IRON PIN LOCATED ON THE WESTERLY MARGIN OF OAK STREET, SAID IRON PIN BEING A COMMON CORNER BETWEEN SUBDIVISION LOT NO. 21, HEREIN CONVEYED, AND SUBDIVISION LOT NO. 22; THENCE NORTH 0 DEGREES 10 MINUTES WEST A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING. THERE IS LOCATED ON THE ABOVE DESCRIBED PROPERTY, ONE (1), MODIFIED A-FRAME, THREE (3), STORY, DWELLING HOUSE, CONTAINING EIGHT (8) ROOMS AND THREE (3) BATHS AND BEING GENERALLY KNOWN IN THE COMMUNITY AS THE "DANIEL L. HAYES RESIDENCE."
A SURVEY AND PLAT OF THE PRINCE SUBDIVISION WAS MADE ON THE 6TH DAY OF AUGUST, 1966, BY E. M. SMITH, GEORGIA REGISTERED LAND SURVEYOR, NO. 923, SAID PLAT BEING RECORDED IN PLAT BOOK 4, PAGE 11, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT FOR FANNIN COUNTY, GEORGIA. THE ABOVE DESCRIBED PROPERTY IS DESIGNATED AS SUBDIVISION LOT NO. 21 ON SAID PLAT, AND SAID RECORDED PLAT IS HEREBY MADE A PART OF THIS DEED BY REFERENCE THERETO FOR A MORE COMPLETE DESCRIPTION OF SUBDIVISION LOT NO. 21, ABOVE DESCRIBED.
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).
Your mortgage servicer can be contacted at 800-603-0836 - Loss Mitigation Dept., or by writing to SN Servicing Corporation (Servicer), 323 Fifth Street, Eureka, CA 95501, 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 aboveTo the best knowledge and belief of the undersigned, the party in possession of the property is Larry Bender or tenant(s); and said property is more commonly known as 444 Prince Drive, Morganton, GA 30560.
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.
U.S. Bank Trust National Association, as Trustee of the PRP II PALS Investments Trust as Attorney in Fact for Larry Bender.
Bowen Quinn, P.A.
25400 US Hwy 19 N, Suite 150
Clearwater, FL 33763
Phone: (727) 474-9603
By: /s/ Erin M. Rose Quinn
Erin M. Rose Quinn, Esq.
Georgia Bar Number 547833