Wednesday, May 8, 2024
GARNER
NOTICE OF SALE UNDER POWER
HABERSHAM COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by EARNEST F. GARNER AND SANDRA B. GARNER to CITIFINANCIAL SERVICES, INC., dated 1/27/2005 and recorded in Deed Book 689 Page 560 Habersham County, Georgia, records; as last transferred to or acquired by U.S. Bank Trust Company, National Association, not in its individual capacity but solely as Indenture Trustee of CIM Trust 2023-NR1, conveying the after-described property to secure a Note in the original principal amount of $169,523.71, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Habersham County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on June 4, 2024 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 135 OF THE 10th LAND DISTRICT OF HABERSHAM COUNTY, GEORGIA, CONSISTING OF 1.096 ACRES, ALL AS MORE FULLY SHOW ON A PLAT OF SURVEY BY ROY A. TERRELL, GEORGIA R.L.S. #1700 DATED MARCH 4, 1998, SAID PLAT BEING OF RECORD IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF HABERSHAM COUNTY, GEORGIA, IN PLAT BOOK 43, PAGE 282, SAID PLAT BEING REFERRED TO AND INCORPORATED HEREIN FOR A MORE COMPLETE DESCRIPTION.
ALSO CONVEYED TO GRANTEES HEREINABOVE NAMED IS AN EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS TO THE ABOVE DESCRIBED PROPERTY. SAID EASEMENT IS MORE FULLY DESCRIBED AND SHOWN ON PLAT OF SURVEY BEING OF RECORD IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF HABERSHAM COUNTY, GEORGIA, IN PLAT BOOK 43, PAGE 282, SAID PLAT BEING REFERRED TO AND INCORPORATED HEREIN FOR A MORE COMPLETE DESCRIPTION.
TAX MAP REFERENCE; 088-013-01
BEING THAT PARCEL OF LAND CONVEYED TO ERNEST F. GARNER AND SANDRA B. GARNER FROM RONNIE CROCKER AND NANCY CROCKER BY THAT DEED DATED 03/13/1998 AND RECORDED 03/16/1998 IN DEED BOOK 395, AT PAGE 818 OF THE HABERSHAM COUNTY, GA PUBLIC REGISTRY.
AND ALSO:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 135 OF THE 10TH LAND DISTRICT OF HABERSHAM COUNTY, GEORGIA, CONSISTING OF 0.363 ACRE, ALL AS MORE FULLY SHOWN ON A PLAT OF SURVEY BY ROY A. TERRELL, GEORGIA R.L.S. #1700 DATED AUGUST 1, 1998, SAID PLAT BEING OF RECORD IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF HABERSHAM COUNTY, GEORGIA, IN PLAT BOOK 45, PAGE 7,
SAID PLAT BEING REFERRED TO AND INCORPORATED HEREIN FOR A MORE COMPLETE DESCRIPTION.
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 of intent to collect attorney's fees having been given).
Said property is commonly known as 3630 BC Grant Rd, Cornelia, GA 30531, together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Sandra Bowen Garner or tenant or tenants.
Fay Servicing, LLC is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
Fay Servicing, LLC, P.O. Box 814609, Dallas, TX 75381-4609, 1-800-495-7166.
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
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 non-judicial 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 immediately above.
U.S. Bank Trust Company, National Association, not in its individual capacity but solely as Indenture Trustee of CIM Trust 2023-NR1 as agent and Attorney in Fact for Earnest F. Garner and Sandra B. Garner
Aldridge Pite, LLP, Six Piedmont Center, 3525 Piedmont Road, N.E., Suite 700, Atlanta, Georgia 30305, (404) 994-7400.
1216-3144A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1216-3144A
4C-5/8-5/29/24