Notice of Sale Under Power
Georgia, Hart County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Terrell Vickery and Donna Vickery to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Home Funds Direct, dated September 11, 2006, and recorded in Deed Book 567, Page 248, Hart County, Georgia records, as last transferred to U.S. Bank National Association, as indenture trustee, for the CIM Trust 2016-1, Mortgage-Backed Notes, Series 2016-1 by Assignment recorded in Deed Book 831, Page 683, Hart County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $135,000.00, 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 Hart County, Georgia, within the legal hours of sale on the first Tuesday in February, 2018, to wit: February 6, 2018, the following described property:
All that tract or parcel of land, with improvements thereon, situated in the 1119th Georgia Militia District of Hart County, Georgia, and being bounded now or formerly substantially as follows: Northwest by property of Billy and Miriam Durant; Northeast by the right of way of County Road 331; Southeast by property of Calvin E. Donald and Doris W. Donald; and south and southwest by property of O. Wendell Brown; and being more particularly shown and delineated on a plat of survey property for Toney Douglas Crews, Jr. an Wendy H. Crews by Bauknight & Associates, Registered Land Surveyors, dated December 11, 1996, recorded in Plat Book 2-F, Page 158, in the office of the Clerk of the Superior Court of Hart County, Georgia.
Being the same property conveyed to Terrell Vickery and Donna Vickery, husband and wife by Deed from Daisy M. Vickery and Ralph J. Vickery recorded 10/05/2005 in Deed Book 534, Page 95, in the office of the Clerk of the Superior Court of Hart County, Georgia.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
Said property is commonly known as 133 Heritage Road, Hartwell, GA 30643, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Terrell Vickery and Donna Vickery or tenant or tenants.
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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) 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 nonjudicial 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 in the preceding paragraph.
Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is:
Select Portfolio Servicing, Inc.
Loss Mitigation Department
3217 S. Decker Lake Drive
Salt Lake City, Utah 84119
The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being
U.S. Bank National Association, as indenture trustee, for the CIM Trust 2016-1, Mortgage-Backed Notes, Series 2016-1
as attorney in fact for
Terrell Vickery and Donna Vickery
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.