5166 AVERY ST SW - FORTUNE ACQUISITIONS GROUP, LLC
NOTICE OF SALE UNDER POWER GEORGIA, NEWTON COUNTY By virtue of a Power of Sale contained in that certain Security Deed from FORTUNE ACQUISITIONS GROUP, LLC to CIVIC FINANCIAL SERVICES, LLC, dated August 17, 2022, recorded August 19, 2022, in Deed Book 4426, Page 481, Newton County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Twenty-Four Thousand and 00/100 dollars ($124,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Legacy Mortgage Asset Trust 2024-INV1, there will be sold at public outcry to the highest bidder for cash at the Newton County Courthouse, within the legal hours of sale on the first Tuesday in January, 2025, all property described in said Security Deed including but not limited to the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN NEWTON COUNTY, GEORGIA AND BEING THAT SAME PROPERTY AS DESCRIBED IN THAT LIMITED WARRANTY DEED FROM COTTON FIELD INVESTMENTS, LLC TO BRADLEY STEVEN MCCANCE DATED JUNE 5, 2020 AND RECORDED AT DEED BOOK 4015, PAGES 475-476, PUBLIC RECORDS OF NEWTON COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: "ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 250, 9TH DISTRICT, NEWTON COUNTY, CITY OF COVINGTON, GEORGIA AS SHOWN ON PLAT OF SURVEY FOR MAUDE GRIMES, DATED DECEMBER 12, 1983 BY S.E. MAHAN, REGISTERED LAND SURVEYOR NO. 1183, AND REVISED APRIL 25, 1984 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF AVERY STREET (30 FOOT RIGHT-OF-WAY), SAID POINT BEING 620.0 FEET SOUTHERLY FROM THE INTERSECTION OF AVERY STREET WITH WASHINGTON STREET; THENCE SOUTH ALONG THE RIGHT-OF-WAY OF AVERY STREET 75.0 FEET TO AN IRON PIN; THENCE WEST 100.0 FEET TO AN IRON PIN; THENCE NORTH 75.0 FEET TO AN IRON PIN; THENCE EAST 100.0 FEET TO AN IRON PIN ON THE RIGHT-OF-WAY OF AVERY STREET, SAID IRON PIN BEING THE TRUE POINT OF BEGINNING." Said legal description being controlling, however the property is more commonly known as 5166 AVERY ST SW, COVINGTON, GA 30014. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed. Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: 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; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is FORTUNE ACQUISITIONS GROUP, LLC , or tenants(s). 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 holder of the Security Deed. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Fay Servicing, LLC, Loss Mitigation Dept., 425 S. Financial Place Suite 2000, Chicago, IL 60605, Telephone Number: 800-495-7166. Nothing in O.C.G.A. Section 44-14-162.2 shall be construed to require a secured creditor to negotiate, amend, or modify the terms of the mortgage instrument. U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2024-INV1 as Attorney in Fact for FORTUNE ACQUISITIONS GROUP, LLC THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lublin, LLC 3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071 Telephone Number: (877) 813-0992 Case No. FAY-23-04902-5 Ad Run Dates 12/08/2024, 12/15/2024, 12/22/2024, 12/29/2024 rlselaw.com/property-listing PUBLIC NOTICE #701489 12/8,15,22,29