NOTICE OF SALE UNDER POWER
Pursuant to the Power of Sale contained in a Security Deed given by Alicia Chitwood and Kenny M. Chitwood to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for AEGIS MORTGAGE CORPORATION d/b/a UC LENDING, its successors and assigns dated 7/18/2001 and recorded in Deed Book 390 Page 250, re-recorded at Deed Book 402 Page 314 and corrected at Deed Book 876, Page 741 Murray County, Georgia records; as last transferred to or acquired by Deutsche Bank Trust Company Americas formerly known as Bankers Trust Company, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2001-KS3, conveying the after-described property to secure a Note in the original principal amount of $65,700.00, 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 Murray County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on March 3, 2020 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property:
All that tract or parcel of land lying and being part of Land Lot 210, 9th District, 3rd Section, Murray County, Georgia and described as follows:
Beginning at a point on the South line of Beedie Jones Road, 261.8 feet West of a ditch and culvert at the East line of the Jones Tract; thence South 9 degrees 30 minutes East 146.0 feet to a point; thence South 52 degrees 19 minutes West 108.0 feet to a point; thence North 6 degrees 51 minutes West 150.0 feet to the South line of Beedie Jones Road; thence with said road North 52 degrees 21 minutes East 100 feet to the Point of Beginning.
All that certain tract of land, lying and being in Land lot No. 210 in the 9th District and 3rd Section of Murray County, Georgia, designated as “Tract 5”, according to a plat of survey prepared by Leon Pritchett, Murray County Land Surveyor, dated April 19, 1990, recorded May 21, 1990, in the office of the Clerk of the Superior Court of Murray County, Georgia in Plat Book No. 22, Page 218, and said plat and the description set out therein are by reference incorporated herein for a more particular description of said land.
Subject to existing easements for public utilities and road rights-of-ways.
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 the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 308 Beedie Jones Road, Chatsworth, GA 30705 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Alicia Chitwood and Estate/Heirs of Kenny Chitwood or tenant or tenants.
PHH Mortgage Corporation is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
PHH Mortgage Corporation
One Mortgage Way
Mount Laurel, NJ 08054
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 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 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.
Deutsche Bank Trust Company Americas formerly known as Bankers Trust Company, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2001-KS3 as agent and Attorney in Fact for Alicia Chitwood and Kenny M. Chitwood
Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1017-3918A