NOTICE OF SALE UNDER POWER ...

NOTICE OF SALE
UNDER POWER

STATE OF GEORGIA COUNTY OF COWETA Under and by virtue of the power of sale contained with that certain Security Deed dated June 16, 2006, from Samuel R Bard aka Sam R. Bard and Anna M. Bard aka Ann M. Bard to Safeway Mortgage, Inc., recorded on July 21, 2006 in Deed Book 3008 at Page 856, Coweta County, Georgia Records, having been last sold, assigned, transferred and conveyed to CIT Bank, N.A. by Assignment and said Security Deed having been given to secure a note dated June 16, 2006, in the amount of $345,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Coweta County, Georgia, on June 6, 2017, the following described real property (hereinafter referred to as the "Property"): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 182 OF THE 2ND LAND DISTRICT,"COWETA COUNTY, GEORGIA, CONTAINING 6.685 ACRES ACCORDING TO SURVEY FOR SAMUEL R. BARD, DATED APRIL 25, 2006 BY JOHN R. CHRISTOPHER REGISTERED LAND SURVEYOR, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE POINT OF BEGINNING LOCATE THE POINT OF INTERSECTION BETWEEN LAND LOTS 172, 181, 171, AND 182 AND FROM SAID POINT OF INTERSECTION RUNS THENCE SOUTH 6 DEGREES 55 MINUTES 33 SECONDS WEST 1,935.45 FEET ALONG THE WEST BOUNDARY LINE OF LAND LOT 182 TO A POINT; FROM SAID POINT RUN THENCE SOUTH 35 DEGREES 49 MINUTES 5 SECONDS EAST 121.88 FEET TO A 3/8 INCH RE-ROD SET CONSTITUTING THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN THENCE NORTH, 88 DEGREES 23 MINUTES 47 SECONDS EAST 365.46 FEET TO A 3/8 INCH RE-ROD SET; FROM SAID RE-ROD RUN THENCE SOUTH 29 DEGREES 27 MINUTES 57 SECONDS EAST 240.63 FEET TO A 3/8 INCH RE-ROD FOUND; FROM SAID RE-ROD RUN THENCE SOUTH 00 DEGREES 40 MINUTES 13 SECONDS WEST 513.41 FEET TO A 3/8 INCH RE-ROD FOUND ON THE NORTHWEST RIGHT OF WAY OF BO BO BANKS ROAD (80 FOOT R/W) ' FROM SAID RE-ROD RUN THENCE SOUTH 70 DEGREES 45 MINUTES 23 SECONDS WEST 193.44 FEET TO A POINT ON THE NORTHWEST RIGHT OF WAY OF BO BO BANKS ROAD: FROM SAID POINT RUN THENCE SOUTH 68 DEGREES 40 MINUTES 12 SECONDS WEST 142.93 FEET ON THE NORTHWEST RIGHT OF WAY OF BO BO BANKS ROAD TO A POINT; FROM SAID POINT RUN THENCE NORTH 26 DEGREES 49 MINUTES 04 SECONDS WEST 240.00 FEET TO A POINT; FROM SAID POINT RUN THENCE NORTH 12 DEGREES 45 MINUTES 20 SECONDS EAST 421.39 FEET TO A POINT; FROM SAID POINT RUN THENCE NORTH 35 DEGREES 49 MINUTES 05 SECONDS WEST 250.62 FEET TO A 3/8 INCH RE-ROD SET AND THE POINT OF BEGINNING. SAID PROPERTY IS BOUNDED ON THE WEST BY PROPERTY NOW OR FORMERLY OWNED BY LILLIAN E. THOMAS BUELTERMAN, ON THE NORTH AND EAST BY PROPERTY NOW OR FORMERLY OWNED BY SAMUEL R. BARD, AND ON THE SOUTH BY THE NORTHWEST RIGHT OF WAY OF BO BO BANKS ROAD. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is/are Samuel R Bard aka Sam R. Bard and Anna M. Bard aka Ann M. Bard. The property, being commonly known as 936 Bo Bo Banks Rd, Grantville, GA, 30220 in Coweta County, will be sold as the property of Samuel R Bard aka Sam R. Bard and Anna M. Bard aka Ann M. Bard, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.Section 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: Financial Freedom, 2900 Esperanza Crossing, Austin, TX 78758, 512-506-6887 . The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for CIT Bank, N.A. as Attorney in Fact for Samuel R Bard aka Sam R. Bard and Anna M. Bard aka Ann M. Bard 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (770) 373-4242 By: James E. Albertelli, Esq. For the Firm THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. JEA - 17-002958 A-4617550 04/27/2017, 05/04/2017, 05/11/2017, 05/18/2017, 05/25/2017, 06/01/2017
No.66617-4-27&5-4-11-18-25&6-1