Notice of Sale Under Power
State of Georgia,
County of BARTOW
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JESSICA A STOVER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (""ERS"" AS NOMINEE FOR SUPERIOR BANK , dated 04/28/2010, and Recorded on 04/30/2010 as Book No. 2417 and Page No. 363-372, BARTOW County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $74,089.00, 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 BARTOW County Courthouse within the legal hours of sale on the first Tuesday in February, 2013, the following described property:
ALL THAT TRACT OF PARCEL OF LAND LYING AND BEING IN LAND LOT 127 OF THE 5TH DISTRICT, 3RD SECTION OF BARTOW COUNTY, GEORGIA BEING LOT 90 OF HARVEST ESTATES SUBDIVISION, SECTION THREE, AS MORE PARTICULARLY SHOWN AND DELINEATED BY THAT CERTAIN PLAT OF SURVEY RECORDED IN PLAT BOOK 7, PAGE 155, BARTOW COUNTY, GEORGIA RECORDS, AS FURTHER SHOWN BY THAT CERTAIN PLAT OF SURVEY FOR TOM MERRIMAN AND JANICE M. MERRIMAN, RECORDED IN PLAT BOOK 29, PAGE 211, BARTOW COUNTY, GEORGIA RECORDS, WHICH SAID PLATS OF SURVEY ARE INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE FOR A MORE COMPLETE DESCRIPTION, AND BEING SHOWN AS 21 AMBERIDGE DRIVE, CARTERSVILLE, GEORGIA, 30101 ACCORDING TO SAID PLAT OF SURVEY REFERENCED HEREINABOVE, TO WHICH PLAT SURVEY SPECIFIC REFERENCE IS HEREBY MADE AND INCORPORATED HEREIN AS IF COPIED VERBATIM. SUBJECT TO ANY GOVERNMENTAL ZONING AND SUBDIVISION ORDINANCES OR REGULATIONS IN EFFECT THEREON.
SUBJECT TO ANY COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, OR EASEMENTS OF RECORD.
FOR PRIOR DEED REFERENCE SEE BOOK 2194, PAGE 569 IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF BARTOW COUNTY, GEORGIA.
TAX ID #0070E-002-001
PROPERTY ADDRESS: 21 AMBERIDGE DRIVE NW, CARTERSVILLE, GA 30121
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 NATIONAL ASSOCIATION holds the duly endorsed Note and is the current assignee of the Security Deed to the property. U.S. BANK NATIONAL ASSOCIATION, acting on behalf of and, as necessary, in consultation with U.S. BANK NATIONAL ASSOCIATION (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, U.S. BANK NATIONAL ASSOCIATION may be contacted at: U.S. BANK NATIONAL ASSOCIATION, 4801 FREDERICA ST, OWENSBORO, KY 42301, 855-698-7627. 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 21 AMBERIDGE DR NW, CARTERSVILLE, GEORGIA 30121 is/are: JESSICA A STOVER 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 NATIONAL ASSOCIATION
as Attorney in Fact for
JESSICA A STOVER
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BARRETT DAFFIN FRAPPIER
LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398