STATE OF GEORGIA
COUNTY OF STEPHENS
NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of Sale contained in a Security Deed given by Casey Murdock to LendingHome Funding Corporation, dated October 13, 2015, recorded on October 15, 2015 in Deed Book 1075, Page 311, Stephens County, Georgia Records, said Security Deed securing the after-described property and Note in the original principal amount of Fifty-Two Thousand Five Hundred and 00/100 ($52,500.00), with interest thereon as set forth therein, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on May 2, 2017 during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
ALL that tract or parcel of land lying and being in the State of Georgia, County of Stephens, and within the corporate limits of the City of Toccoa, described as follows: BEGINNING at a stake on the N side of Alexander or Falls Street; thence running in a N direction 135.8 feet along Slaughter Pen Road to a stake; thence running in a E direction 117 feet to a stake on property of City of Toccoa; thence running in an S direction 140 feet along property of City of Toccoa to a stake on said Alexander or Falls Street; thence running in a W direction 73.2 feet along said street back to the stake point of beginning, all according to a plat and survey by J. E. Hope, RLS, February 13, 1947 to which plat and survey reference is hereby made a part of this description. Being a portion of the property conveyed by Bruce Tothell to K. L. Ertzberger by Warranty Deed dated January 5, 1949, which deed is recorded in Deed Book 42, Page 593 of Stephens County Records, said premises has thereon a five room dwelling.
Also: All that tract or parcel of land described as beginning at the Southern most I/S of said above lot and Falls Road (State Hwy 17 )and running a South easterly direction 37.5 feet on the NE said of said road to the McFarlin property and running thence N 49 degrees 21 minutes E 195 feet to an IP, thence N 40 degrees 15 minutes W 37.5 to an IP and the Smith property, thence S. 51 degrees 41 minutes W 59.50 feet to an IP, thence running 135.5 feet, more or less, to the beginning point, said premises are most particularly described in a survey by John F. Carey, RLS 470, made 1, 1957, to which plat and survey reference is hereby made for a more complete and detailed description of said premises. BEING the same property conveyed from W. B. Meeks to James C. Justice by Warranty Deed dated February 16, 1968 of record in Deed Book 103, Page 419-420, Stephens County Records.
Said property is known as 14 Henderson Falls Road, Toccoa, GA 30577, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold as the property of Casey Murdock, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Casey Murdock or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, 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. 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.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation of the audit of the status of the loan as provided immediately above.
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, without limitation, attorneys' fees. Notice has been given of intention to collect attorneys' fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law.
Pursuant to O.C.G.A. 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 on behalf of the secured creditor, LendingHome Funding Corp., is as follows: FCI Lender Services, Inc., P.O. Box 27370 Anaheim Hills, CA 92809, 800-931-2424. The foregoing notwithstanding, nothing in O.C.G.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
LendingHome Funding Corp.
as Attorney in Fact for
Stern & Eisenberg Southern, PC
1709 Devonshire Drive
Columbia, SC 29204
Telephone: (803) 929-0760
Facsimile: (803) 929-0830
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.