The champion newspaper. (Decatur, GA) 19??-current, November 21, 2019, Image 76

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The champion newspaper., November 21, 2019, Image 76

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Newspaper Page TextTHE CHAMPION LEGAL SECTION, THURSDAY, NOVEMBER 21 - 27, 2019 Page 75 easterly from the intersection formed by the Southeastern side of Evan Mill Road and the Northern side of Woodrow Drive (Woodrow Drive having a right of way of 20 feet in width); from said angle iron go North 31 degrees 51 minutes 58 seconds East (along the South easterly side of Evans Mill Road) a distance of 145.49 feet to a rebar found; thence go South 65 degrees 33 minutes 29 seconds East, a distance of 170.82 feet to an angle iron; thence, go South 01 degrees 54 minutes 29 seconds East, a distance of 135.59 feet to an angle iron; thence, go South 79 degrees 47 minutes 04 seconds West, a distance of 59.65 feet to an angle iron; thence, go North 62 degrees 22 minutes 41 seconds West, a distance of 201.04 feet to an angle iron located on the Southeasterly side of Evans Mill Road which angle iron is the point of beginning. Said property may more com monly be known as 3172 Evans Mill Road, Lithonia, GA 30038. The debt secured by said Se curity Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of pay ing the same and all expenses of this sale, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The individual or entity that has full authority to negotiate, amend and modify all terms of the loan is Citibank, N.A., not in its individual capacity but solely as Owner Trustee of New Res idential Mortgage Loan Trust 2018-RPL1, 55 Beattie Place, Suite 100 MS 561, Greenville, SC 29601, 1-800-365-7107. Said property will be sold on an “as-is” basis without any rep resentation, warranty or re course against the above- named or the undersigned. The sale will also be subject to the following items which may af fect the title: a) zoning ordin ances; b) matters which would be disclosed by an accurate survey or by an inspection of the property; c) any outstand ing ad valorem taxes, including taxes, which constitute liens upon said property whether or not now due and payable; d) special assessments; e) the right of redemption of any tax ing authority; f) all outstanding bills for public utilities which constitute liens upon said prop erty; g) all restrictive covenants, easements, rights-of-way and any other matters of record su perior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owners and party in posses sion of the property are James Earl Edwards and or tenant(s). The sale will be conducted sub ject to 1) confirmation that the sale is not prohibited under the U.S. Bankruptcy code and 2) fi nal confirmation and audit of the status of the loan with the holder of the Security Deed. Citibank, N.A., not in its indi vidual capacity but solely as Owner Trustee of New Resid ential Mortgage Loan Trust 2018-RPL1/EDWARDS as At- torney-in-Fact for James Earl Edwards Contact: Padgett Law Group: 6267 Old Water Oak Road, Suite 203, Tallahassee, FL 32312; (850) 422-2520 ++19-009608-1/EDWARDS++ 420-429916 11/7,11/14 11/21,11/28jj NOTICE OF SALE UNDER POWER STATE OF GEORGIA, COUNTY OF DE KALB By virtue of a Power of Sale contained in that certain Secur ity Deed from Patrick Creel and Sarah Nash to American Home Mortgage, Inc., dated June 29, 2005 and recorded on July 11, 2005 in Deed Book 17637, Page 650, in the Office of the Clerk of Superior Court of De Kalb County, Georgia, said Se curity Deed having been given to secure a Note of even date, in the original principal amount of Two Hundred Twenty-Nine Thousand Six Hundred and 00/100 dollars ($229,600.00) with interest thereon as provided therein, as last trans ferred to New Residential Mort gage LLC, recorded in Deed Book 26808, Page 567, afore said records, will be sold at public outcry to the highest bid der for cash before the court house door of De Kalb County, Georgia, or at such place as has or may be lawfully desig nated as an alternative loca tion, within the legal hours of sale on the first Tuesday in December, 2019, all property described in said Security Deed including but not limited to the following described property: FILE NUMBER: PE103-05- 0596-R. ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 284 OF THE 18TH DISTRICT, DEKALB COUNTY, GEORGIA, BEING LOT 6, BLOCK C, EMBRY HILLS SUBDIVISION, UNIT FOUR AS PER PLAT RECORDED IN PLAT BOOK 36, PAGE 23, DEKALB COUNTY, GEORGIA RE CORDS, WHICH RECORDED PLAT IS INCORPORATED HEREIN BY THIS REFER ENCE AND MADE A PART OF THIS DESCRIPTION. SAID PROPERTY BIENG KNOWN AS 3262 ALTON ROAD AC CORDING TO THE PRESENT SYSTEM OF NUMBERING HOUSES IN DEKALB COUNTY, GEORGIA. Said property may more com monly be known as 3262 Alton Road, Atlanta, GA 30341. The debt secured by said Se curity Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of pay ing the same and all expenses of this sale, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The individual or entity that has full authority to negotiate, amend and modify all terms of the loan is New Residential Mortgage LLC, 55 Beattie Place, Suite 100 MS 561, Greenville, SC 29601, 1-800- 365-7107. Said property will be sold on an “as-is” basis without any rep resentation, warranty or re course against the above- named or the undersigned. The sale will also be subject to the following items which may af fect the title: a) zoning ordin ances; b) matters which would be disclosed by an accurate survey or by an inspection of the property; c) any outstand ing ad valorem taxes, including taxes, which constitute liens upon said property whether or not now due and payable; d) special assessments; e) the right of redemption of any tax ing authority; f) all outstanding bills for public utilities which constitute liens upon said prop erty; g) all restrictive covenants, easements, rights-of-way and any other matters of record su perior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owners and party in posses sion of the property are Patrick Creel and Sarah Nash and or tenant(s). The sale will be con ducted subject to 1) confirma tion that the sale is not prohib ited under the U.S. Bankruptcy code and 2) final confirmation and audit of the status of the loan with the holder of the Se curity Deed. New Residential Mortgage LLC as Attorney-in-Fact for Patrick Creel and Sarah Nash Contact: Padgett Law Group: 6267 Old Water Oak Road, Suite 203, Tallahassee, FL 32312; (850) 422-2520 ++19-018204-1/NASH / CREEL++ 420-429921 11/7,11/14 11/21,11/28jj STATE OF GEORGIA COUNTY OF DEKALB NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that Security Deed from LINDA WHITMORE-ASH and MARTIN PONTECORVO to Cornerstone Bank, dated March 24, 2016 and recorded March 29, 2016 in Deed Book 25468, Page 674, DeKalb County, Georgia Records, as may be modified or amended, there will be sold by the under signed at public outcry to the highest bidder for cash before the Courthouse at DeKalb County, Georgia, within the leg al hours of sale on Tuesday, December 3, 2019, the prop erty described on Exhibit “A” at tached hereto and incorpor ated herein by reference. The debts secured by said Security Deed has been and are hereby declared due and payable be cause of, among other pos sible events of default, failure to make payments. The debts re maining in default, this sale will be made for the purpose of paying the same and all ex penses of this sale, including attorneys’ fees. Said property will be sold sub ject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assess ments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Security Deed first set out above, including, but not ne cessarily limited to, senior en cumbrances that will not be ex tinguished by the foreclosure sale contemplated by this no tice. Please note that Cornerstone Bank is the entity that has full authority to negotiate, amend, and modify all terms of the mortgage or Security Deed, and that Cornerstone Bank, can be contacted through the following representative: Martin G. Quirk, Esq. Quirk & Quirk, LLC 6000 Lake Forrest Drive, N.W. Suite 300 Atlanta, Georgia 30328 (404) 252-1425 (Telephone) To the best knowledge and be lief of the undersigned, the party or parties in possession of the property is LINDA WHIT- MORE-ASH and MARTIN PONTECORVO, and said prop erty is more commonly known as 3788 Sidestreet, Atlanta, Georgia 30341. However, please rely only on the legal description contained in this no tice for the location of the prop- erty. The undersigned re serves the right to sell the prop erty, or any part thereof, togeth er in its entirety or in one or more parcels as determined by the undersigned in its sole dis cretion. Cornerstone Bank Attorney in Fact for ++Linda Whitmore-Ash and Martin Pontecorvo++ Martin G. Quirk, Esq. Quirk & Quirk, LLC 6000 Lake Forrest Drive, Suite 300 Atlanta, Georgia 30328 (404) 252-1425 (Tel) EXHIBIT “A” LEGAL DESCRIPTION All that tract or parcel of land ly ing and being in land lot 325 of the 18th District, DeKalb County, Georgia, being Lot 1, Sidestreet subdivision, as per plat recorded in Plat Book 92, Page 76, DeKalb County, Georgia records, which plat is incorporated herein by refer ence and made a part of this description. Said property be ing known as 3788 Sidestreet according to the present sys tem of numbering property in DeKalb County, Georgia. Tax ID: 18 325 04 202 420-429922 11/7,11/14 11/21,11/28jj STATE OF GEORGIA COUNTY OF DEKALB NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Secur ity Deed from Julian Miller to Bay Mountain Fund I, LLC, re corded at Deed Book 27546, Page 777, DeKalb County, Georgia Records (hereinafter referred to as “Security Deed”), there will be sold by the under signed at public outcry to the highest bidder for cash before the Courthouse at DeKalb County, Georgia, within the leg al hours of sale on Tuesday, December 3, 2019, the prop erty described on Exhibit “A” at tached hereto and incorpor ated herein by reference. The debts secured by said Security Deed have been and are hereby declared due and pay able because of, among other possible events of default, fail ure to comply with obligations under the loan documents. The debts remaining in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, in cluding attorneys’ fees. Said property will be sold sub ject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assess ments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Security Deed first set out above, including, but not ne cessarily limited to, senior en cumbrances that will not be ex tinguished by the foreclosure sale contemplated by this No tice. Please note that Bay Mountain Fund I, LLC is the entity that has full authority to negotiate, amend, and modify all terms of the mortgage, and that Bay Mountain Fund I, LLC can be contacted through the follow ing representative: Brendan H. Parnell, Esq. 6000 Lake Forrest Drive, NW Suite 300 Atlanta, Georgia 30328 404-252-1425 To the best knowledge and be lief of the undersigned, the Party in possession of the prop erty is Julian Miller and said property is more commonly known as 5892 COVINGTON HIGHWAY, DECATUR, GEOR GIA 30035. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion. Bay Mountain Fund I, LLC Attorney in Fact for Julian Miller Brendan H. Parnell, Esq. Quirk & Quirk, LLC 300 Century Springs West 6000 Lake Forrest Drive, NW Atlanta, Georgia 30328 (404) 252-1425 EXHIBIT “A” Legal Description ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING IN LAND LOT 26 OF THE 16TH DISTRICT OF DEKALB COUNTY, AND BE ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO ARRIVE AT THE TRUE POINT OF BEGINNING START AT THE NORTHEAST CORNER OF LAND LOT 26, RUN THENCE WEST ALONG THE NORTH LINE OF SAID LAND LOT, 377 FEET TO THE MOST NORTHEREASTERLY CORNER OF PROPERTY CONVEYED TO EVERITT PONDER CLARK BY DEED RECORDED IN DEED BOOK 615, PAGE 280, DEKALB COUNTY, GEORGIA RE CORDS, THENCE SOUTH 1 DEGREE WEST 707 FEET TO AN IRON PIN LOCATED AT THE NORTHEAST CORNER OF THE PROPERTY CON VEYED TO LILLIAN LUCILLE MERRITT BY DEED RECOR DED IN DEED BOOK 613, PAGE 533, DEKALB COUNTY, GEORGIA RECORDS, WHICH IRON PIN IS THE TRUE POINT OF BEGINNING. FROM THE TRUE POINT OF BEGIN NING RUN SOUTH 1 DE GREE WEST 403.62 FEET ALONG THE PROPERTY NOW OR FORMERLY OWNED BY L.G. BIFFLE TO AN IRON PIN ON THE NORTHERLY RIGHT OF WAY OF GEORGIA STATE HIGH WAY NO. 12 (ALSO KNOWN AS COVINGTON HIGHWAY); RUNNING THENCE SLIGHTLY NORTHWEST ERLY ALONG THE NORTH ERLY RIGHT OF WAY OF SAID HIGHWAY AND FOL LOWING THE SLIGHT CURVATURE THEREOF 100 FEET TO AN IRON PIN; RUN NING NORTH 0 DEGREES 59 MINUTES EAST 395.49 FEET TO AN IRON PIN ON THE SOUTH LINE OF PROPERTY NOW OR FORMERLY OWNED BY EVERITT PON DER CLARK; RUNNING THENCE SOUTH 89 DE GREES EAST ALONG THE LINE OF SAID CLARK PROP ERTY 100 FEET TO THE POINT OF BEGINNING AND BEING THE SAME PROP ERTY AS SHOWN ON PLAT OF SURVEY PREPARED FOR THOMAS O’NEAL MERRITT BY SANDERS ENGINEERING COMPANY, DATED 10/30/62 AND REVISED 4/30/63. BE ING THE SAME PROPERTY CONVEYED BY THAT CER TAIN WARRANTY DEED DATED MAY 2,1963, RECOR DED IN DEED BOOK 1865, PAGE 454, DEKALB COUNTY, GEORGIA RECORDS, LESS AND EXCEPT THAT POR TION THEREOF WHICH WAS CONVEYED PURSUANT TO THAT CERTAIN RIGHT OF WAY DEED DATED APRIL 26, 1978, RECORDED IN DEED BOOK 3787, PAGE 475, DEKALB COUNTY, GEORGIA RECORDS. ++MILLER++ 420-429924 11/7,11/14 11/21,11/28jj NOTICE OF SALE UNDER POWER Under and by virtue of the Power of Sale contained in a Security Deed from NEW VIS ION REALTY & INVEST MENTS, INC to Secured In vestment High Yield Fund II, LLC, a Limited Liability Com pany, dated December 14, 2018, and recorded on Decem ber 18, 2018, in Book: 27302, Page: 762, of the DeKalb County, Georgia Records; as last assigned to Secured In vestment High Yield Fund II, LLC, a Limited Liability Com pany (Secured Creditor); con veying the after-described property to secure a Note in the original principal amount of $172,000.00 with interest there on as set forth therein, there will be sold at public outcry to the highest bidder for cash be fore the courthouse door of DeKalb County, Georgia, with in the legal hours of sale on the first TUESDAY in December, 2019, the following described property: ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING LN LAND LOT 109 OF THE 15TH DISTRICT OF DEKALB COUNTY, GEORGIA, BEING LOT 11, BLOCK C, UNIT 1, GRESHAM PARK SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 25, PAGE 2, DEKALB COUNTY, GEORGIA RE CORDS, WHICH PLAT IS IN CORPORATED HEREIN AND MADE APART HEREOF BY THIS REFERENCE. The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of de fault, non-payment of the monthly installments as re quired by said Note and Secur ity 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 the Secur ity Deed and by law, including attorney's fees (notice of intent to collect attorney’s fees hav ing been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold sub ject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assess ments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of re cord superior to the Security Deed first set out above. The sale will be conducted sub ject (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 and audit of the status of the loan as provided immediately above. The entity that has full author ity to negotiate, amend, and modify all terms of the mort gage with the debtor is: Se cured Investment High Yield Fund II, LLC, a Limited Liability Company, c/o Lake City Servi cing, 701 E. Front Ave., Suite 201, Coeur d’Alene, ID 83814, (800) 630-9252. Please under stand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best of the undersigned's knowledge and belief, said property is also known as 1882 Boulderview Drive SE, Atlanta, GA 30316, and the party in possession of the property is/are NEW VIS ION REALTY & INVEST MENTS, INC or a tenant or ten ants of said property. Secured Investment High Yield Fund II, LLC, a Limited Liability Company As Attorney-in-Fact for NEW VISION REALTY & IN VESTMENTS, INC SOLOMON | BAGGETT, LLC 3763 Rogers Bridge Road Duluth, GA 30097 (678) 243-2512 THE LAW FIRM IS ACTING AS A DEBT COLLECTOR AT TEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ++NEW VISION REALTY & IN VESTMENTS, INC++ 420-429925 11/7,11/14 11/21,11/28jj NOTICE OF SALE UNDER POWER Under and by virtue of the Power of Sale contained in a Security Deed from JONES MANAGEMENT & SERVICES, LLC to Sherman Bridge Alt Fund, LP, dated April 23, 2018, and recorded on May 8, 2018, in Book 26899, Page 268, of the DeKalb County, Georgia Records; as last assigned to Chondrite REO, LLC (6), (Se cured Creditor); conveying the after-described property to se cure a Note in the original prin cipal amount of $288,000.00 with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of DeKalb County, Georgia, within the leg al hours of sale on the first TUESDAY in December, 2019, the following described prop erty: ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING IN LAND LOTS NOS. 171 AND 182, OF THE 15TH DISTRICT, OF DEKALB COUNTY, GEORGIA, IN THE