Newsbank Archive
July 22, 2014





FORECLOSURE NOTICE gpn11 KOWALSKY NOTICE OF SALE UNDER POWERGEORGIA, HABERSHAM COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Kristen L. Kowalsky to Mortgage Electronic Registration Systems, Inc., as nominee for Homestar Financial Corp., its successors and assigns, dated March 25, 2011, recorded in Deed Book 950, Page 349, Habersham County, Georgia Records, as last transferred to Lakeview Loan Servicing, LLC by assignment recorded in Deed Book 1038, Page 613, Habersham County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SIX THOUSAND SIX HUNDRED EIGHTY-THREE AND 0/100 DOLLARS ($76,683.00), 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 August, 2014, 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 Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees 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), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Lakeview Loan Servicing, LLC 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: M&T Bank, P.O. Box 1288, Buffalo, NY 14240, 800-724-1633. To the best knowledge and belief of the undersigned, the party in possession of the property is Kristen L. Kowalsky or a tenant or tenants and said property is more commonly known as 191 Middleton Place, Clarkesville, Georgia 30523. 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. Lakeview Loan Servicing, LLC as Attorney in Fact for Kristen L. Kowalsky McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 MR/crp1 8/5/14 Our file no. 5295514-FT8 EXHIBIT "A" All that tract or parcel of land, together with any improvements thereon, lying and being in Land Lots 150 and 151 of the 12th Land District of Habersham County, Georgia, containing 1.041 acres, being designated as Lot 18, Block A, Phase II, Middleton Place Subdivision, per plat of survey prepared for Middleton Place Subdivision, Phase II by land Tech Services, Inc., dated December 30, 2002, recorded in Plat Book 53, Page 212 of the Habersham County, Georgia Plat Records, which plat is incorporated herein by reference and made a part of this description. Together with a non-exclusive easement over and across the subdivision roads as shown on the above-referenced plat. Subject to Reservations, Restrictions, Covenants and Conditions for Middleton Place Phase II dated April 14, 2003 recorded in Deed Book 595, Page 236, as amended. Subject to all other easements, restrictions, reservations, set-backs, and rights-of-way of record or those delineated on the above-referenced plat of survey, if any This is the same property conveyed to Federal National Mortgage Association by virtue of a Limited Warranty Deed from Regions Bank dba Regions Mortgage, dated November 2, 2010, recorded in Deed Book 944, page 493. MR/crp1 8/5/14 Our file no. 5295514 - FT8
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