Jeffrey S. Derby 47991
NOTICE OF SALE UNDER POWER GEORGIA, LIBERTY COUNTY By virtue of a Power of Sale contained in that certain Security Deed from JEFFREY S DERBY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS GRANTEE, AS NOMINEE FOR USAA FEDERAL SAVINGS BANK, dated August 15, 2005, recorded August 25, 2005, in Deed Book 1329, Page 613, Liberty County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Thirty-Two Thousand and 00/100 dollars ($132,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to US Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee For VRMTG Asset Trust, there will be sold at public outcry to the highest bidder for cash at the Liberty County Courthouse, within the legal hours of sale on the first Tuesday in May, 2024, all property described in said Security Deed including but not limited to the following described property: ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE 17TH G.M. DISTRICT OF LIBERTY COUNTY, GEORGIA, AND BEING IN THE CITY OF HINESVILLE, BEING KNOWN AND DESIGNATED AS LOT 32, OLMSTEAD ESTATES, PHASE 2, AS SHOWN AND REPRESENTED ON THAT CERTAIN PLAT OF SURVEY MADE AND PREPARED BY JOE P. DAVIS, GEORGIA REGISTERED LAND SURVEYOR NO. 1436, DATED SEPTEMBER 3, 1975, AND RECORDED IN PLAT BOOK 7, PAGE 131, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF LIBERTY COUNTY, GEORGIA; SAID PLAT BY SPECIFIC REFERENCE IS MADE A PART HEREOF FOR DESCRIPTIVE AND ALL OTHER PURPOSES. SAID LOT OF LAND BEING BOUNDED NOW OR FORMERLY, AS FOLLOWS; NORTHERLY BY THE RIGHT OF WAY OF ELIZABETH STREET; EASTERLY BY LOT NO. 33; SOUTHERLY BY LOT NO. 31; AND WESTERLY BY THE RIGHT OF WAY OF GEORGIA AVENUE, ALL AS SHOWN ON THE ABOVE REFERRED TO PLAT OF SURVEY. THIS CONVEYANCE IS MADE SUBJECT TO THOSE CERTAIN RESTRICTIVE COVENANTS CONTAINED IN THAT CERTAIN WARRANTY DEED FROM CARL R. SYKES TO WOODRUM AND RODGERS CONSTRUCTION COMPANY INC., DATED APRIL 5, 1974, AND RECORDED IN DEED BOOK 129, PAGES 415-417, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF LIBERTY COUNTY, GEORGIA. THIS CONVEYANCE IS MADE SUBJECT TO THAT CERTAIN 10 FOOT EASEMENT AS SHOWN AND REPRESENTED ON THAT CERTAIN PLAT OF SURVEY MADE AND PREPARED BY JOE P. DAVIS, GRLS NO. 1436, DATED SEPTEMBER 3, 1975, AND RECORDED IN PLAT BOOK 7, PAGE 131, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF LIBERTY COUNTY, GEORGIA. Said legal description being controlling, however the property is more commonly known as 602 GEORGIA AVE, HINESVILLE, GA 31313. 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 JEFFREY S DERBY, DEERWOOD POINT 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: NewRez LLC, F/K/A New Penn Financial, LLC, D/B/A Shellpoint Mortgage Servicing, Loss Mitigation Dept., 75 Beattie Place Ste. 300, Greenville, SC 29601, Telephone Number: 800-365-7107. 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. US BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST as Attorney in Fact for JEFFREY S DERBY 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. SHP-24-01476-1 47991 5/2/24 RL