Gpn11
804046
Notice of Sale Under Power
State of Georgia, County of HART
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by TERINA BROWN AND CLIFFORD CARPENTER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ("MERS"), AS NOMINEE FOR US MORTGAGE CORPORATION, dated 02/10/2020, and Recorded on 02/14/2020 as Book No. 887 and Page No. 490-505, HART County, Georgia records, as last assigned to U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCAF Acquisition Trust (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $109,250.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the HART County Courthouse within the legal hours of sale on the first Tuesday in April, 2024, the following described property:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE 1112TH DISTRICT, G.M., HART COUNTY, GEORGIA. BEING DESIGNATED AS TRACT NO. 3 (WELL TRACT), AND BEING BOUNDED NOW OR FORMERLY AS FOLLOWS: ON THE NORTH BY LANDS OF HARRIS; ON THE SOUTHEAST LANDS OF CLEVELAND; ON THE SOUTHWEST BY LANDS OF CLEVELAND; AND ON THE NORTHWEST BY LANDS OF REYNOLDS.
SAID TRACT IS MORE PARTICULARLY, DESCRIBED AS TRACT NO. 3, ON A PLAT OF SURVEY FOR DOUG CLEVELAND, DATED AUGUST 30, 2001, PREPARED BY BAUKNIGHT & ASSOCIATES, INC., AND RECORDED IN PLAT BOOK 2H, PAGE 174, RECORDS OF HART COUNTY, GEORGIA, WHICH PLAT IS FOR ALL LEGAL PURCHASE INCORPORATED HEREIN AND MADE A PART AND MADE A PART HEREOF.
AND
ALL THAT TRACT OR PARCEL OF LAND WITH IMPROVEMENTS THEREON LYING AND BEING IN THE 1112TH GM DISTRICT OF HART COUNTY, GEORGIA AND BEING BOUNDED NOW OR FORMERLY AS FOLLOWS: ON THE EAST BY RIGHT OF WAY OAK CREST DRIVE (COUNTY ROAD #550); ON THE SOUTHWEST BY LANDS OF BAKER FOR A DISTANCE OF .253.65 FEET; ON THE WEST BY LANDS OF BAKER FOR A DISTANCE OF 192.00 FEET; ON THE NORTHEAST BY LAND OF BAKER FOR A DISTANCE OF 245.01 FEET.
SAID LANDS BEING MORE PARTICULARLY DESCRIBED IN A PLAT OF SURVEY FOR RAYFORD BAKER AND GEORGE CROWE D/B/A BAKER & CROWE DATED MAY 13, 1997 PREPARED BY BAUKNIGHT AND ASSOCIATES INC., REGISTERED LAND SURVEYOR, RECORDED IN PLAT BOOK 31, PAGE 133, HART COUNTY PUBLIC RECORDS. SAID PLAT AND THE RECORDATIONS THEREOF ARE BY REFERENCE INCORPORATED HEREIN AND MADE A PART OF THIS LEGAL DESCRIPTION.
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.
Because the debt remains 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). U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCAF Acquisition Trust holds the duly endorsed Note and is the current assignee of the Security Deed to the property. SELENE FINANCE, acting on behalf of and, as necessary, in consultation with U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCAF Acquisition Trust (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan.
Pursuant to O.C.G.A. § 44-14-162.2, SELENE FINANCE may be contacted at: SELENE FINANCE, 3501 OLYMPUS BLVD, 5TH FLOOR, SUITE 500, DALLAS, TX 75019, 877?768?3759. Please note that, pursuant to O.C.G.A. § 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 110 OAK TREE LANE, HARTWELL, GEORGIA 30643 is/are: TERINA BROWN AND CLIFFORD CARPENTER or tenant/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; and (2) 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.
U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCAF Acquisition Trust as Attorney in Fact for TERINA BROWN AND CLIFFORD CARPENTER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
00000009495110 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341-5398.