STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER
Because of a default under the terms of the Security Deed executed by Doyle L. Carder and Caroline Carder to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Appalachian Community Bank, its successors and assigns dated August 27, 2008, and recorded in Deed Book 1499, Page 388, Gilmer County Records, said Security Deed having been last sold, assigned, transferred and conveyed to U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT, securing a Note in the original principal amount of $417,000.00, 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 the first Tuesday, February 4, 2020, 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 Land Lot No. 185 of the 7th District and 2nd Section of Gilmer County, Georgia and being designated as containing 2.00 acres, more or less, as shown on that plat of survey by Lane S. Bishop, G.R.L.S. No. 1575, dated the 6th day of January, 1999, and being recorded in Plat Book 33, Page 231, in the Office of the Clerk of Superior Court of Gilmer County. Pursuant to O.C.G.A. 44-2-28, reference is hereby made to said recorded plat of survey for the purpose of incorporating same herein for a more complete metes and bounds description of the property herein conveyed.
THIS CONVEYANCE IS MADE SUBJECT TO and together with the right of ingress and egress, all covenant, easements, restrictions, rights-of-way, zoning, local ordinances, and subdivision regulations as set forth in said plat of survey or as appearing of record.
There is located on the above described property one (1) residential dwelling.
THIS CONVEYANCE IS MADE SUBJECT TO that certain Right of Way Easement to Amicalola Electric Membership Corporation as recorded in Deed Book 651, Page 123, in the Office of the Clerk of Superior Court of Gilmer County, Georgia.
THE ABOVE DESCRIBED PROPERTY is the same property that was conveyed from Perry Joe Sisson and JoAnn Sisson to Doyle Carder and Caroline Carder by Warranty Deed With Rights of Survivorship dated the 21st day of April, 1999. Said deed is recorded in Deed Book 675, Pages 198-199, in the Office of the Clerk of Superior Court of Gilmer County, Georgia.
Said property is known as 8068 Rock Creek Road, Cherry Log, GA 30522, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now 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 proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law.
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 secured creditor.
The property is or may be in the possession of Doyle L. Carder and Caroline Carder, successor in interest or tenant(s).
U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT as Attorney-in-Fact for Doyle L. Carder and Caroline Carder
File no. 15-054388
SHAPIRO PENDERGAST & HASTY, LLP*
Attorneys and Counselors at Law
211 Perimeter Center Parkway, N.E., Suite 300
Atlanta, GA 30346
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Jan 8-29. 555094