STATE OF GEORGIA
COUNTY OF HABERSHAM
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated December 15, 2006, executed by
Gloria C. Murray
to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Flagstar Bank, FSB, recorded in Deed Book 784, Page 865, Habersham County, Georgia Deed Records, and securing a Note in the original principal amount of $240,000.00, said Security Deed last having been assigned to ARVEST CENTRAL MORTGAGE COMPANY, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in August, 2017 to-wit: August 1, 2017, during the legal hours of sale, before the Habersham County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in Land Lot 123 of the 13th Land District of Habersham County, Georgia, containing 1.08 acres, more or less, being designated as LOT 42, PHASE 7, The Orchard Subdivision as shown on a plat of survey recorded in Plat Book 36, page 209 in the office of the Clerk of Superior Court of the Habersham County, Georgia, said plat is incorporated herein by reference and made a part of this description.
NOTE: The above-described property is conveyed subject to a Declaration of Covenants and Restrictions for "The Orchard" dated November 21, 1988, recorded in Deed Book 240, page 419; as amended by instrument dated March 13, 1989, and recorded in Deed Book 244, page 25; and as further amended by instrument dated April 5, 1989, and recorded in Deed Book 244, page 396; and as further amended by instrument dated August 22, 1994, and recorded in Deed Book 322, page 491; and as further amended by instrument recorded in Deed Book 396, page 520; and as further amended by instrument recorded in Deed Book 414, page 749; and as further amended by instrument recorded in Deed Book 464, page 798 of the Habersham County, Georgia Deed Records; and as further amended by instrument recorded in Deed Book 474, page 227 of the Habersham County, Georgia Deed Records; and as further amended by instrument recorded in Deed Book 544, page 747 of the Habersham County, Georgia Deed Records.
SUBJECT TO a permanent easement for use of water from the well owned by The Orchard Limited Partnership.Being the same property as that conveyed by Warranty Deed from Jack L. Chambers, Jr. to William J. Rials and Terry G. Rials dated July 1, 1999 recorded in Deed book 442, page 47, Habersham County records.
SUBJECT TO easements, restrictions, reservations, and rights-of-way of record, if any.The aforedescribed real property is also known as 706 Plum Lane, Clarkesville, GA 30523, according to the present system of numbering houses in Habersham County, Georgia.
This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Arvest Central Mortgage Company, Attn: Homeowner's Assistance Department, 801 John Barrow Road, Suite 1, Little Rock, AR 72205. The telephone number is 1-800-366-2132, Option 1, ext. 5609.Said real 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the extent that said real property is comprised of more than one parcel, said real property will be sold in one or more parcels and in such order as the holder of the Security Deed may determine.
Upon information and belief, said real property is presently in the possession or control of GLORIA C. MURRAY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
ARVEST CENTRAL MORTGAGE COMPANYas Attorney-in-Fact forGLORIA C. MURRAY
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, 10th Floor
Savannah, Georgia 31401
THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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