Details for Notice of Sale Under Power. State of Georgia, County of
Notice of Sale Under Power. State of Georgia, County of GLYNN. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ERNEST G STEPHENS AND BETTIE H. STEPHENS to FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION , dated 08/30/1983, and Recorded on 09/07/1983 as Book No. 24D and Page No. 142, GLYNN County, Georgia records, as last assigned to U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $44,000.00, 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 GLYNN County Courthouse within the legal hours of sale on the first Tuesday in October, 2017, the following described property: ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE 1356TH DISTRICT, G.M., GLYNN COUNTY, GEORGIA, BEING DESCRIBED AND IDENTIFIED ACCORDING TO A PLAT OF SURVEY MADE BY JOE BILETZSKOV, REGISTERED LAND SURVEYOR #1672 DATED FEBRUARY 11,1983, ATTACHED TO DEED FROM DRIGGERS CONSTRUCTION CO., INC. AND CONSOLIDATED MOTORS & INVESTMENTS, INC. TO ERNEST G. STEPHENS AND BETTIE H. STEPHENS, BEING RECORDED SIMULTANEOUSLY WITH THIS INSTRUMENT, SAID PLAT HAVING BEEN REVISED TO SHOW PARCELS A, B, AND C AND PROPOSED EASEMENT FOR INGRESS AND EGRESS ON JUNE 10, 1983. SAID HEREIN CONVEYED PROPERTY BEING A PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED BY ALLENE D. SHIVER TO DRIGGERS CONSTRUCTION CO., INC. AND CONSOLIDATED MOTORS & INVESTMENTS, INC. BY WARRANTY DEED DATED NOVEMBER 16TH,1982 AND RECORDED IN THE OFFICE OF THE CLERK OF GLYNN SUPERIOR COURT IN DEED BOOK 23-L, FOLIO 477. SAID ORIGINAL TRACT HAVING BEEN PREVIOUSLY SURVEYED BY JAMES L. CONINE, GEORGIA REGISTERED LAND SURVEYOR NO.1545, SAID PLAT DATED MAY 22, 1973 AND RECORDED IN THE OFFICE OF THE CLERK OF GLYNN SUPERIOR COURT IN DEED BOOK 17-O, FOLIO 949, ET SEQ.THE SAID HEREIN CONVEYED PROPERTY BEING DESCRIBED ACCORDING TO THE ATTACHED PLAT AS MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: TO FIND THE BEGINNING POINT COMMENCE AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF U.S. HWY. 341 WITH THE WESTERLY RIGHT OF WAY LINE OF THE PROPOSED EASEMENT MARKED BY AN IRON PIN; THENCE TURNING AND PROCEEDING ALONG THE EASEMENT NORTH 5 28' 26" EAST FOR A DISTANCE OF 356.29 FEET TO AN IRON PIPE FOUND; THENCE CONTINUING ALONG THE SAME LINE FOR A DISTANCE OF 137.76 FEET TO A POINT; THENCE TURNING AND PROCEEDING NORTH 46 36' 50" WEST FOR A DISTANCE OF 55.68 FEET TO THE POINT OF BEGINNING OF THE HEREIN SECURED PROPERTY; THENCE CONTINUING ALONG THE LAST DESCRIBED LINE FOR A DISTANCE OF 80.40 FEET TO A POINT; THENCE TURNING AND PROCEEDING NORTH 34 18' 33" EAST FOR A DISTANCE OF 144.83 FEET TO A POINT; THENCE TURNING AND PROCEEDING SOUTH 47 29' 50" EAST FOR A DISTANCE OF 196.30 FEET TO A POINT; THENCE TURNING AND PROCEEDING SOUTH 45 33' 10" WEST FOR A DISTANCE OF 147.6 FEET TO THE POINT OF BEGINNING. THE HEREIN CONVEYED PROPERTY BEING SHOWN ON SAID PLAT AS ALL OF "PARCEL B". 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 attorney's fees (notice of intent to collect attorney's fees having been given). U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST holds the duly endorsed Note and is the current assignee of the Security Deed to the property. CALIBER HOME LOANS, INC., acting on behalf of and, as necessary, in consultation with U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST (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, CALIBER HOME LOANS, INC. may be contacted at: CALIBER HOME LOANS, INC., 13801 WIRELESS WAY, OKLAHOMA CITY, OK 73134, 800-401-6587. 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 254 NEW JESUP HIGHWAY, BRUNSWICK, GEORGIA 31520 is/are: ERNEST G STEPHENS AND BETTIE H. STEPHENS 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. U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST as Attorney in Fact for ERNEST G STEPHENS AND BETTIE H. STEPHENS. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006960389 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341-5398.