812219
NOTICE OF SALE UNDER POWER
GEORGIA, ELBERT COUNTY
and HART COUNTY
Under and by virtue of the Power of Sale contained in a Security Deed given by Mandy J. Thomas and Dennis E. Thomas to Wells Fargo Bank, N.A., dated June 1, 2010, recorded in Deed Book 503, Page 299, Elbert County, Georgia Records and recorded in Deed Book 661, Page 109, Hart County, Georgia Records, as last transferred to U.S. Bank National Association, not in its individual capacity but solely as Trustee for RMTP Trust, Series 2021 BKM-TT by assignment recorded in Deed Book 686, Page 83, Elbert County, Georgia Records, and recorded in Deed Book 1003, Page 534, Hart County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-ONE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($81,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash at the Government Complex Elbert County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in June, 2024, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1118th G.M. District, Hart County, Georgia and in the 315th G.M. District of Elbert County, Georgia, containing 22.64 acres, more or less, and more particularly shown on a Plat by C.M. Rucker, Surveyor dated April 16, 1986, recorded at Plat Book 26, Page 166, in the Office of the Clerk of Superior Court of Hart County, Georgia and recorded at Plat Book 15, Page 377, in the Office of the Clerk of Superior of Elbert County, Georgia, which said plat is hereby incorporated into this description by reference and made a part hereof, and being the same property conveyed to Michael D. Lowney by David E. Reynolds and Beverly Ann Reynolds by Warranty Deed dated April 16, 1998, recorded at Deed Book 319, Page 76, in the Office of the Clerk of Superior Court of Hart County, Georgia and recorded at Deed Book 244, Page 72, in the Office of the Clerk of Superior Court of Elbert County, Georgia.
The debt secured by said Security Deed 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 Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice pursuant to O.C.G.A. § 13-1-11 having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and any matters of record including, but not limited to, those superior to the Security Deed first set out above. Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named or the undersigned.
U.S. Bank National Association, not in its individual capacity, but solely as Trustee for RMTP Trust, Series 2021 BKM-TT is the holder of the Security Deed to the property in accordance with OCGA § 44-14-162.2.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Fay Servicing, LLC, 425 S. Financial Place, Suite 2000, Chicago, IL 60605, 800-495-7166.
Note, however, that such entity is not required by law to negotiate, amend or modify the terms of the loan.
To the best knowledge and belief of the undersigned, the party in possession of the property is Mandy J. Thomas, The Estate of Dennis E. Thomas and Dennis E. Thomas or a tenant or tenants and said property is more commonly known as 2652 Dempsey Brown Road, Dewy Rose, Georgia 30634. Should a conflict arise between the property address and the legal description the legal description will control.
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.
U.S. Bank National Association,
not in its individual capacity,
but solely as Trustee for RMTP Trust, Series 2021 BKM-TT
as Attorney in Fact for
Mandy J. Thomas and
Dennis E. Thomas
MCCALLA RAYMER LEIBERT PIERCE, LLC
1544 Old Alabama Road
Roswell, GA 30076
www.foreclosurehotline.net
Our file no. 5493215-FT18
4-24,5-1,8,15,22,29