Sheila Lancaster 11 08 12
Notice of Sale Under Power
State of Georgia
County of Chattooga
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Sheila A Lancaster to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Market Street Mortgage Corporation, dated 02/08/2007, and recorded on 02/12/2007 as Book No. 520 and Page No. 46, Chattooga County, Georgia records, as last assigned to Nationstar Mortgage LLC (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $125,000.00, 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 Chattooga County Courthouse within the legal hours of sale on the first Tuesday in December, 2012, the following described property: All that tract or parcel of land lying and being in Land Lot No. 235 in the 6th District and 4th Section of Chattooga County, Georgia, being more particularly described as follows: To find the point of beginning start at the rock marking the southeast corner of Land Lot 235; thence north 04 degrees 13 minutes 11 seconds east with the land lot line, a distance of 691.55 feet to the true point of beginning: thence north 63 degrees 55 minutes 09 seconds west, a distance of 607.52 feet to a point on the eastern right-of-way line of Farmersville Road; thence with said road north 29 degrees 48 minutes 33 seconds east, a distance of 53.95 feet;
thence continuing with said road north 31 degrees 59 minutes 38 seconds east, a distance of 189.43 feet to a point; thence leaving Farmersville Road south 63 degrees 55 minutes 09 seconds east, a distance of 487.29 feet to a point on the east line of land lot 235; thence south 04 degrees 13 minutes 11 seconds west with the land lot line, a distance of 261.03 feet to the point of beginning, containing 3.05 acres, more or less, being shown as Tract 14, of Homer C. Gordon estate as shown on Plat 2 recorded in Plat Book 9, Page 93, in the office of the clerk of the Superior Court of Chattooga County, Georgia. This being the same property designated at Tract II in a deed to Frank Ward in Deed Book 335, Page 12 of the Chattooga County deed records.
Subject to a powerline easement as shown on said plat.
Subject to the following restrictions:
1. No noxious, illegal, offensive or detrimental use of property shall be carried on the above-described property, nor shall said property be used for any purposes that, as a matter of common experience, tend to create a nuisance or annoyance. Activities prophitbited under this provision include, but not limited to, the following: junkyards and/or use of property as dumping ground for trash, garbage or rubbish; commercial chicken and/or hog operations.
2. No trailer, mobile home, tent, shack, or temporary building shall be erected on any of the tracts, with the exception or garages and storage buildings which are an integral part of the residence or business to be served.
3. No one story residential structure shall be constructed on tracts with a fully enclosed first floor area of less than 1, 000 square feet, exclusive of carports, garages and open porches. 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). Nationstar Mortgage LLC holds the duly endorsed Note and is the current assignee of the Security Deed to the property. Nationstar Mortgage, acting on behalf of and, as necessary, in consultation with Nationstar Mortgage 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, Nationstar Mortgage may be contacted at: Nationstar Mortgage, 350 Highland Drive, Lewisville, TX 75067, 877-450-8638. 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 1136 Farmersville Rd, Summerville, Georgia 30747 is/are: Sheila A Lancaster 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. Nationstar Mortgage LLC as Attorney in Fact for Sheila A Lancaster. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120168301226
BARRETT DAFFIN FRAPPIER
LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398