440 Wimberly Hill Rd

NOTICE OF SALE UNDER POWER GEORGIA, POLK COUNTY By virtue of a Power of Sale contained in that certain Security Deed from KALEB E BRANTLEY and LAUREN HALEY BRANTLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS GRANTEE, AS NOMINEE FOR FAIRWAY INDEPENDENT MORTGAGE CORPORATION, dated October 28, 2024, recorded October 31, 2024, in Deed Book 1900, Page 387-411, Polk County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Two Hundred Thirty-One Thousand Seven Hundred Twenty-Five and 00/100 dollars ($231,725.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to VILLAGE CAPITAL & INVESTMENT LLC, there will be sold at public outcry to the highest bidder for cash at the Polk County Courthouse, within the legal hours of sale on the first Tuesday in July, 2026, 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 LAND LOT 676, IN THE 21ST DISTRICT AND 3RD SECTION OF POLK COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A BEGINNING POINT, COMMENCE AT THE NORTHWEST CORNER OF LAND LOT 676; RUN THENCE EAST ALONG THE NORTH LAND LOT LINE OF LAND LOT 676 A DISTANCE OF 662 FEET TO A POINT; RUN THENCE ON A BEARING OF SOUTH 00 DEGREES 50 MINUTES EAST A DISTANCE OF 185.86 FEET TO AN IRON PIN PLACED AT THE POINT OF BEGINNING FOR THE TRACT HEREIN CONVEYED: RUNNING THENCE SOUTH 00 DEGREES 50 MINUTES EAST A DISTANCE OF 153 FEET TO A POINT; RUNNING THENCE NORTH 87 DEGREES 17 MINUTES 09 SECONDS WEST A DISTANCE 213.8 FEET TO A POINT; RUNNING THENCE NORTH 01 DEGREES 08 MINUTES WEST A DISTANCE OF 153 FEET TO AN IRON PIN PLACED; AND RUNNING THENCE SOUTH 87 DEGREES 12 MINUTES EAST A DISTANCE OF 214.60 FEET TO AN IRON PIN PLACED AT THE POINT OF BEGINNING.THE ABOVE DESCRIBED PROPERTY IS MORE PARTICULARLY SHOWN ACCORDING TO A PLAT AND SURVEY MADE BY ELBERT H. ANGEL, REGISTERED SURVEYOR, DATED MAY 8, 1981, REVISED AUGUST 20, 1986, REVISED SEPTEMBER 14, 1987, RECORDED IN PLAT BOOK M, PAGE 118, POLK COUNTY, GEORGIA DEED RECORDS, REFERENCE TO WHICH PLAT IS HEREBY MADE FOR A DETAILED DESCRIPTION THEREOF. ALSO CONVEYED IS THE RIGHT TO USE A TWENTY-FIVE FOOT EASEMENT WHICH WAS CONVEYED FROM SYLVIA ERNESTINE TURPIN WEST TO S. OTT CHAMBERS, JR. AND MOLLY WEST CHAMBERS BY EASEMENT DATED 7/17/92, RECORDED IN DEED BOOK 465, PAGE 279, POLK COUNTY, GEORGIA DEED RECORDS. SUBJECT TO RESERVATION OF USE OF TWENTY-FIVE FOOT EASEMENT AS SHOWN ON PLAT AND SURVEY RECORDED IN PLAT BOOK M, PAGE 118, POLK COUNTY, GEORGIA DEED RECORDS, BY S. OTT CHAMBERS, JR. AND MOLLY WEST CHAMBERS, THEIR SUCCESSORS AND ASSIGNS AS RESERVED IN WARRANTY DEED RECORDED IN DEED BOOK 465, PAGE 281, POLK COUNTY LAND RECORDS. Said legal description being controlling, however the property is more commonly known as 440 WIMBERLY HILL RD, CEDARTOWN, GA 30125. 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 KALEB E BRANTLEY, LAUREN HALEY BRANTLEY, or tenants(s). The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, and (3) purchasers tendering to Rubin Lublin, LLC, anti-money laundering information as required pursuant to the FinCEN Real Estate Report Rule. Failure to provide information, could result in rescission of the sale. The entity having full authority to negotiate, amend and modify all terms of the loan (although not required by law to do so) is: Village Capital & Investment, LLC, Loss Mitigation Dept., 2460 Paseo Verde Parkway Suite 110, Henderson, NV 89074, Telephone Number: 1-800-919-0068. 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. VILLAGE CAPITAL & INVESTMENT LLC as Attorney in Fact for KALEB E BRANTLEY, LAUREN HALEY BRANTLEY 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. 9VCI-26-01240-1 rlselaw.com/property-listing 5:6;6:10,17,24;7:1,2026