Notice of Sale Under Power. State of Georgia, County of WHITE. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by GLENICE MARTIN to SAFEWAY MORTGAGE, INC. , dated 12/08/2004, and Recorded on 12/28/2004 as Book No. 992 and Page No. 230 240, WHITE County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016 CTT (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $162,000.00, 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 WHITE County Courthouse within the legal hours of sale on the first Tuesday in October, 2017, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 58 OF THE 2ND LAND DISTRICT, CITY OF CLEVELAND, WHITE COUNTY, GEORGIA, AND BEING ALL OF LOT 1, CONTAINING 0.299 ACRE, MORE OR LESS, ALL IN ACCORDANCE WITH PLAT OF SURVEY OF SHERWOOD HILLS, A SUBDIVISION, DATED DECEMBER 10, 1997, PREPARED BY LONDON LAND SURVEYING, CLEVELAND, GEORGIA, AND A. DARIN CAIN, GEORGIA REGISTERED LAND SURVEYOR, RECORDED IN PLAT BOOK 39, PAGE 215, OFFICE OF CLERK, SUPERIOR COURT, WHITE COUNTY, GEORGIA. REFERENCE IS HEREBY MADE TO SAID PLAT OF SURVEY AND THE RECORD THEREOF FOR A MORE COMPLETE DESCRIPTION OF SAID PROPERTY.
SUBJECT TO DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHERWOOD HILLS, A SUBDIVISION, DATED JANUARY 2, 1998, RECORDED IN DEED BOOK 520, PAGES 407 412, SAID CLERK'S OFFICE. 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). U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016 CTT holds the duly endorsed Note and is the current assignee of the Security Deed to the property. RUSHMORE LOAN MANAGEMENT SERVICES, LLC, acting on behalf of and, as necessary, in consultation with U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016 CTT (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, RUSHMORE LOAN MANAGEMENT SERVICES, LLC may be contacted at: RUSHMORE LOAN MANAGEMENT SERVICES, LLC, 15480 LAGUNA CANYON RD., SUITE 100, IRVINE, CA 92618, 949 341 5603. 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 340 OLD CLARKSVILLE HIGHWAY, CLEVELAND, GEORGIA 30528 is/are: GLENICE MARTIN 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. 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 GLENICE MARTIN. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006788889 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.