NOTICE OF SALE UNDER POWER
GEORGIA, ELBERT COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from Anita Boyd, Gary Johnson to Mortgage Electronic Registration Systems Inc as Nominee for Quicken Loans Inc., dated January 27, 2017, recorded January 30, 2017, in Deed Book 609, Page 232 , Elbert County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Sixty-Seven Thousand One Hundred Forty-Five and 00/100 dollars ($67,145.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Quicken Loans Inc., there will be sold at public outcry to the highest bidder for cash at the Elbert County Courthouse, within the legal hours of sale on the first Tuesday in November, 2019, all property described in said Security Deed including but not limited to the following described property:
Parcel One: All that tract or parcel of land, with improvements thereon, lying and being in the 189th G,M. District, Elbert County, Georgia containing 0.44 acre, more or less, and being more particularly described on a plat of survey prepared by Frank N. Wansley, surveyor, dated May 21,1957, and recorded in Deed Book 61, page 158, Elbert County, Georgia Records to which reference is made for a true and accurate description of the metes and bounds of the property herein described. This property is bounded now or formerly as follows: on the north by property of Mrs. Annie Mae S. Dickerson; on the east by Elm Street Extension; and on the south and west by property of Dallas N. Suttles.
Parcel Two: All that lot or parcel of land, with improvements thereon, lying and being in the 189th G.M. District, Elbert County, Georgia and being bounded now or formerly as follows: on the east by property of Mrs. Annie Mae S. Dickerson; on the north by property of Randall Moore; on the west by property of the estate of W.R. Echols; and on the south by Elm Street Extension and Malcolm Wilson. Said property is better described as follows: beginning at iron pin at the northeast corner of said property where said property joins that of Mrs. Annie Mae S. Dickerson and Randall Moore, running thence south 47 degrees 55 minutes west 214 feet to an iron pin; thence south 66 degrees 00 minutes east 204.6 feet, more or less, to the boundary of Elm Street Extension; thence north 47 degrees 28 minutes east 34 feet to an iron pin; thence north 46 degrees 41 minutes west 130 feet to an iron pin; thence north 47 degrees 55 minutes east 130 feet to an iron pin; thence north 61 degrees 40 minutes west 60 feet to the iron pin point of beginning. This being a part of the property described in survey and plat recorded in Deed Book 60, page 159, Elbert County, Georgia Records to which reference is made for a true and accurate description of the metes and bounds of the property herein described.
Parcel One and Parcel Two being the same property described in a warranty deed JTWROS from Kaye Wilson Dilleshaw to Kaye Wilson Dilleshaw and James M. Dilleshaw, dated May 10, 2016, recorded on May 10, 2016 in Deed Book 596 at pages 257-258 in the office of the Clerk of the Superior Court of Elbert County, Georgia.
Said legal description being controlling, however the property is more commonly known as 1067 Elm St., Elberton, GA 30635.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed.
Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is Anita Boyd, Gary Johnson, Estate and/or Heirs-At-Law of Gary Johnson, or tenants(s).
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.
Please note that, pursuant to O.C.G.A. 44-14-162.2, you are not entitled by law to an amendment or modification of the terms of your loan. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Quicken Loans Inc., Loss Mitigation Dept., 635 Woodward Ave., Detroit, MI 48226, Telephone Number: 800-508-0944.
Quicken Loans Inc.
as Attorney in Fact for
Anita Boyd, Gary Johnson
The below law firm may be held to be acting as a debt collector, under federal law. If so, any information obtained will be used for that purpose.
RUBIN LUBLIN, LLC
3145 Avalon Ridge Place, Suite 100
Peachtree Corners, GA 30071
Telephone Number: 877-813-0992
Case No. QKN-19-05575-1