NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained in Note and Deed to Secure Debt held by Wendy Marie Foster for 287 Allen Trial, Clarkesville, Georgia 30523 ("Lender"), originally made by David Bruce Foster to Mark Allen Foster and Wendy Marie Foster in the original principal amount of $150,805.49, Deed to Secure Debt November 20, 2009, recorded in Deed Book 913, Page 478-483, Habersham County, Georgia, Records and assigned to AmeriFunds Secured Income Fund I, LLC, by assignment of Deed to Secure Debt dated December 15, 2010, and recorded in Deed Book 913, Page 478 in the Official Public Records of Habersham Georgia and reassigned to Mark Allen Foster and Wendy Marie Foster on August 13, 2020, in Deed Book 01229, Page 00423-00425 in the Official Public Records of Habersham, Georgia. The property is located at 287 Allen Trail, Clarkesville, Georgia 30523, there will be sold at a public outcry to the highest bidder for cash before the Courthouse door of Habersham County, Georgia, between the legal hours of sale on the first Tuesday in October, 2020, that being October 6, 2020, by Wendy Marie Foster as Attorney-in-Fact for David Bruce Foster for the following property to-wit:
All that tract or parcel of land, lying and being in Land Lot 68 of the 6th Land District of Habersham County, Georgia, being shown as (11a) containing 23.81 acres, more or less, by that certain plat of survey prepared by Norman V. DeLoach, GRLS, dated August 30, 1977, recorded in the Office of the Clerk of Superior Court of Habersham County, Georgia, in Plat Book 14, Page 101, to which plat and the record thereof is hereby incorporated herein for a more complete description.
LESS AND EXCEPT that certain 3.50 acres of land in said Land Lot and District described by plat of survey prepared for David C. Foster by Michael J. Smith, GRLS, dated August 17, 1992, and recorded in the Office of the Clerk of Superior Court of Habersham County, Georgia, in Plat Book 32, Page 241.
The foregoing parcels constitute that real property conveyed by Paul H. Brinson to David C. Foster by Warranty Deed dated September 29, 1978, and filed for record on October 5, 1978 with the Office of Superior Court of Habersham County, Georgia.
THE ABOVE DESCRIBED PROPERTY IS ALSO KNOWN AS 287 ALLEN TRAIL, CLARKESVILLE, GEORGIA 30523; however please rely only on the above legal description for location of the property. If the property contains multiple lots or parcels, the undersigned reserves the right to sell the property or any portion thereof in separate lots, parcels, or as a whole. The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of among other possible events of default, failure to pay indebtedness as and when due pursuant to said Deed to Secure Debt and Note. The debt remaining in default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney?s fees, if applicable. The property will be sold as the property of David Bruce Foster, subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds or other encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges and expenses that are a lien against the property whether due or payable or not yet due and payable. This sale will be conducted subject to (1) 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 thew holder of the Security Deed. Pursuant to O.C.G.A. Sec. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Wendy Marie Foster c/o The Carter Firm PC, 621 Spring Street SE, Gainesville, Georgia 30501 Telephone: 7702878850 The foregoing notwithstanding, nothing in O.C.G.A. Sec. 44-14-162.2 shall be construed to require the Lender to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
Wendy Marie Foster
c/o The Carter Firm PC, 6
21 Spring Street SE,
Gainesville, Georgia 30501
As Attorney-in-fact for
David Bruce Foster
THIS COMMINICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT; ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF THE DEBT IS IN ACTIVE BANKRUPTCY OR HAS BEEN DISCHARGED THROUGH BANKRUPTCY, THIS COMMUNICATION IS NOT INTENDED AS AND DOES NOT CONSTITUTE AN ATTEMPT TO COLLECT A DEBT.