Wednesday, May 8, 2024
Notice of Sale Under Power. State of Georgia, County of GILMER. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ALEJANDRO SALAMANCA LLC to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR EVEREST FUNDING , dated 07/18/2022, and Recorded on 07/19/2022 as Book No. 2531 and Page No. 1-21, GILMER County, Georgia records, as last assigned to Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee for Verus Securitization Trust 2022-INV2 (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $326,250.00, 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 GILMER County Courthouse within the legal hours of sale on the first Tuesday in June, 2024, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 139 OF THE 11TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, AND BEING DESIGNATED AS LOT 2715 OF EAGLE'S MOUNTAIN RESORT, UNIT 88, CONTAINING 0.73 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED ON PLAT OF SURVEY PREPARED FOR LAZARO LUIS GOMEZ LEON, BY MARK E. CHASTAIN, G.R.L.S. #2718, DATED APRIL 29, 2021, AND RECORDED IN PLAT BOOK 67, PAGE 69, GILMER COUNTY, GEORGIA RECORDS, SAID PLAT IS INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE LEGAL DESCRIPTION.
THIS CONVEYANCE IS SUBJECT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR EAGLE'S MOUNTAIN RESORT, INC., FILED MAY 15, 1984, AND RECORDED IN DEED BOOK 138, PAGE 448, GILMER COUNTY, GEORGIA RECORDS; AS AMENDED BY INSTRUMENTS RECORDED IN DEED BOOK 143, PAGE 721; DEED BOOK 147, PAGE 145; DEED BOOK 168, PAGE 340; DEED BOOK 172, PAGE 474; AND DEED BOOK 175, PAGE 112, SAID RECORDS; AS FURTHER SUPPLEMENTED AND /OR AMENDED OF RECORD. 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). Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee for Verus Securitization Trust 2022-INV2 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. NEWREZ LLC d/b/a SHELLPOINT MORTGAGE SERVICING, acting on behalf of and, as necessary, in consultation with Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee for Verus Securitization Trust 2022-INV2 (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, NEWREZ LLC d/b/a SHELLPOINT MORTGAGE SERVICING may be contacted at: NEWREZ LLC d/b/a SHELLPOINT MORTGAGE SERVICING, 601 OFFICE CENTER DRIVE, SUITE 100, FORT WASHINGTON, PA 19034, 866 825 2174. 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 9 MADONNA CT, ELLIJAY, GEORGIA 30540 is/are: ALEJANDRO SALAMANCA LLC 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. Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee for Verus Securitization Trust 2022 INV2 as Attorney in Fact for ALEJANDRO SALAMANCA LLC. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000009923889 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.
May 8-29. 813572