Details for NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS

NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on February 7, 2005, a certain Security Deed was executed by Catherine H. Nobles, as grantor, in favor of WELLS FARGO BANK, N.A., as grantee, and was recorded on February 28, 2005, in BK 1614, PG 078 in the office of the Clerk of Superior Court, Glynn, Georgia; and subsequently transferred and assigned to Secretary Of Housing And Urban Development, and said assignment being recorded in Deed BK 3173, PG 77; and WHEREAS, the Mortgage was insured by the Secretary of Housing and Urban Development ("the Secretary") pursuant to the National Housing Act for the purpose of providing single family housing; and WHEREAS, a default has been made in the covenants and conditions of the Mortgage which remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the subject loan to currency; and WHEREAS, the entire amount delinquent as of July 15, 2020, is $223,630.39; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgage to be immediately due and payable; NOW THEREFORE, pursuant to powers vested in the undersigned by the Single Family Mortgage Foreclosure Act of 1994 ("the Act"), 12 U.S.C. 3741 et seq., by 24 CFR Part 27, Subpart B, and by the Secretarys designation of the undersigned as Foreclosure Commissioner, by instrument recorded on November 14, 2018 in Deed BK 3965, PG 493, aforesaid records, notice is hereby given that on October 16, 2020, between the hours of 11:00 A.M. and 4:00 P.M., local time, all real and personal property at or used in connection with the following described premises (the Property) will be sold at public auction to the highest bidder: ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN GLYNN COUNTY, GEORGIA, DESCRIBED IN A DEED FROM J. ARTHUR HARDY TO EMANUEL HACKEL, DATED JULY 15, 1947, RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF GLYNN COUNTY, GEORGIA, IN DEED BOOK 6-D, PAGE 490, AS FOLLOWS: "THE EASTERN ONE-THIRD (1/3) OF A TRACT OF LAND CONTAINING NINE ACRES, MORE OR LESS, LYING SITUATE AND BEING IN GLYNN COUNTY, GEORGIA, BOUNDED ON THE EAST BY THE COASTAL HIGHWAY BETWEEN THE CITIES OF BRUNSWICK AND DARIEN, GEORGIA, ON THE NORTH BY LANDS OF DAVE BENNETT, WEST BY LANDS FORMERLY OF POMPEY CAMPBELL, AND SOUTH BY LANDS OF H.O. FARR, SAID NINE ACRE TRACT FRONTING 548 FEET ON SAID COASTAL HIGHWAY AND RUNNING BACK WITH AN EQUAL WIDTH 930 FEET, AND BEING THE TRACT FORMERLY OWNED BY STEPHEN WALBURG AND ON WHICH HE LIVED FOR MANY YEARS; THE PART OF THE TRACT HERE CONVEYED FRONTING 548 FEET ON SAID HIGHWAY AND RUNNING BACK FROM SAID HIGHWAY WITH AN EVEN WIDTH OF 310 FEET; WITH ALL THE RIGHTS, MEMBERS, IMPROVEMENTS AND APPURTENANCES TO SAID TRACT HEREBY CONVEYED APPERTAINING OR BELONGING; THE SAME BEING LOCATED IN GLYNN COUNTY, GEORGIA. EXPRESSLY EXCEPTING, HOWEVER, A PORTION OF SAID LANDS CONVEYED BY EMANUEL HACKEL FOR RIGHT-OF-WAY FOR U.S. HIGHWAY NUMBER 17 (ATLANTIC COASTAL HIGHWAY), SAID EXCEPTED PORTION BELIEVED TO BE A STRIP OF LAND 90 FEET WIDE AND 548 FEET ALONG WITH WESTERN SIDE OF THE PROPERTY DESCRIBED ABOVE. Said tract is situated in Glynn County, Georgia. Commonly known as: 5197 US Hwy 17 N, Brunswick, GA 31525 The sale will be held at the Glynn County Courthouse, in Brunswick, Georgia. The Secretary will bid $224,701.73, plus the fees and costs. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his/her/their/its prorata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making his/her/their/its bids, all bidders, except the Secretary must remit to the undersigned a deposit totaling $22,470.17 (10% of the Secretarys bid) in the form of a certified check or cashiers check made out to the Secretary of HUD. Each oral bid need not be accompanied by a deposit. If the successful bid is oral, a deposit of $22,470.17 same as 10% must be presented before the bidding is closed. THE DEPOSIT IS NONREFUNDABLE. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashiers check. If the Secretary is the high bidder, he/she need not pay the bid amount in cash. The successful bidder will pay all conveyancing fees, all real estate and other taxes that are due on or after the delivery of the remainder of the payment, and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned. The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for 15-day increments for a designated fee of 500.00, paid in advance. The extension fee shall be in the form of a certified or cashiers check made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due. If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the Foreclosure Commissioner after consultation with the HUD field office representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD field office representative, offer the Property to the second highest bidder for an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor(s) or others, subsequent to a completed foreclosure pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant. The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashiers check payable to the Secretary of HUD, before public auction of the property is completed. The amount that must be paid if the Mortgage is to be reinstated prior to the scheduled sale is $224,701.73 as of October 16, 2020, plus all other amounts that would be due under the Mortgage agreement if payments under the Mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and or the Foreclosure Commissioners attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement. Tender of payment by certified or cashier's check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below. Date: August 26, 2020 Prepared By: Jason Tingle Jauregui & Lindsey, LLC Foreclosure Commissioner By: Jason Tingle 244 Inverness Center Drive Suite 200 Birmingham, AL 35242 Phone: (205) 970-2233

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