IVESTER
NOTICE OF SALE UNDER POWER
GEORGIA, HABERSHAM COUNTY
Under and by virtue of the Power of Sale contained in a Security Deed given by DARRELL WILLIS IVESTER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS GRANTEE, AS NOMINEE FOR CITIMORTGAGE, INC., its successors and assigns, dated June 9, 2010, recorded in Deed Book 926, Page 396, Habersham County, Georgia Records, as last transferred to NewRez LLC d/b/a Shellpoint Mortgage Servicing by assignment recorded in Deed Book 1345, Page 735, Habersham County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-TWO THOUSAND SEVEN HUNDRED AND 0/100 DOLLARS ($92,700.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Habersham 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:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
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.
NewRez LLC d/b/a Shellpoint Mortgage Servicing 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: Shellpoint Mortgage Servicing, 75 Beattie Place, Suite 300, Greenville, SC 29601, (800) 365-7107.
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 Darrell Willis Ivester or a tenant or tenants and said property is more commonly known as 997 Turnerville Cir., Clarkesville, Georgia 30523. 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.
NewRez LLC d/b/a
Shellpoint Mortgage Servicing
as Attorney in Fact for
Darrell Willis Ivester
McCalla Raymer Leibert Pierce, LLC
1544 Old Alabama Road
Roswell, GA 30076
www.foreclosurehotline.net
EXHIBIT “A”
ALL THAT PARCEL OF LAND IN COUNTY OF HABERSHAM, STATE OF GEORGIA AS MORE FULLY DESCRIBED IN BOOK/PAGE 281-356 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 122 OF THE 13TH LAND DISTRICT OF HABERSHAM COUNTY, GEORGIA, CONTAINING 1.00 ACRES, AS SHOWN ON A PLAT OF SURVEY PREPARED FOR DARRELL IVESTER BY RICHARD H. HOLCOMB, R.S., DATED JUNE 28, 2004, RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF HABERSHAM COUNTY, GEORGIA, IN PLAT BOOK 56, PAGE 4, TO WHICH PLAT AND THE RECORD THEREOF IS INCORPORATED HEREIN FOR A MORE COMPLETE DESCRIPTION
TOGETHER WITH A NONEXCLUSIVE EASEMENT FOR INGRESS AND EGRESS BEING 20-FEET IN WIDTH, 10 FEET EITHER SIDE OF THE CENTERLINE OF AN EXISTING WOODS ROAD AND DRIVEWAY LEADING TO THE ABOVE DESCRIBED PROPERTY FROM THE WESTERN SIDE OF VAN HOOK ROAD, F/K/A OLD BUCKHORN ROAD, ACROSS OTHER LANDS OF RENO IVESTER TO THE SOUTHERNMOST CORNER OF THE TRACT OF LAND HEREINABOVE DESCRIBED. RENO IVESTER LIVES ON THE EASTERN SIDE OF VAN HOOK ROAD AND THE WOODS ROAD AND DRIVEWAY EASEMENT REFERRED TO HEREIN COMMENCES ACROSS THE ROAD ALMOST DIRECTLY OPPOSITE OF THE ENTRANCE OF RENO IVESTER'S DRIVEWAY, AND, FURTHER, AND EASEMENT OF THE SAME WIDTH ACROSS OTHER LANDS OF GRANTOR TO THE SUBJECT PARCEL ABOVE.
APN: 141-003
MR/kam 6/4/24
Our file no. 24-14645GA - FT18
4C-5/8-5/29/24