2126 Green Dr Sw

Notice of Sale Under Power State of Georgia County of COBB Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by KEVIN MICHAEL VAYDA AND ALLISON F CAWLEY to ALLIANT CREDIT UNION , dated 08/10/2023, and Recorded on 08/15/2023 as Book No. 16153 and Page No. 4623, COBB County, Georgia records, as last assigned to WILMINGTON SAVINGS FUND SOCIETY, FSB NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER OF SALUDA GRADE LOAN TRUST 6 (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $50,000.00, 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 COBB County Courthouse within the legal hours of sale on the first Tuesday in August, 2025, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING IN AND BEING IN LAND LOT 490 OF THE 19TH DISTRICT, 2ND SECTION, COBB COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN LOCATED ON THE WEST LAND LOT LINE OF LAND LOT 490, 294.05 FEET SOUTHERLY, AS MEASURED ALONG SAID LAND LOT LINE, FROM THE NORTHWEST CORNER OF LAND LOT 490; RUNNING THENCE NORTH 89 DEGREES 38 MINUTES 16 SECONDS EAST 672.75 FEET TO AN IRON PIN, RUNNING THENCE SOUTH 00 DEGREES 04 MINUTES 10 SECONDS EAST 298.74 FEET TO AN IRON PIN: RUNNING THENCE SOUTH 89 DEGREES 38 MINUTES 16 SECONDS WEST 673.82 FEET TO IRON PIN LOCATED ON THE WEST LAND LOT LINE OF LAND LOT 490; RUNNING THENCE NORTH 00 DEGREES 08 MINUTES EAST ALONG THE WEST LAND LOT LINE OF LAND LOT 490 A DISTANCE OF 298.74 FEET TO AN IRON PIN AND THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PROPERTY IS MORE PARTICULARLY SHOWN AS 4.62 ACRE TRACT ON, AND DELINEATED ACCORDING TO THAT PLAT OF SURVEY FOR CARLOS JONES BY GASKINS SURVEYING CO., JOHN C GASKINS, G.R.L.S #2060 DATED FEBRUARY 5,1997, WHICH SAID PLAT IS INCORPORATED HEREIN BY THIS REFERENCE THERETO FOR A MORE COMPLETE DESCRIPTION OF THE COURSES AND DISTANCES, METES AND BOUNDS, OF THE LANDS DESCRIBED HEREIN. ALSO CONVEYED HEREWITH IS A PERPETUAL NON EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS 25 FEET IN WIDTH, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN LOCATED AT THE INTERSECTION OF THE EAST LAND LOT LINE OF LAND LOT 490 AND THE SOUTHERLY RIGHT OF WAY OF GREEN DRIVE(20 FOOT RIGHT OF WAY); RUNNING THENCE SOUTH 00 DEGREES 39 MINUTES 21 SECONDS EAST ALONG THE EAST LAND LOT LINE OF LAND LOT 490 A DISTANCE OF 266.33 FEET TO AN IRON PIN; RUNNING THENCE SOUTH 89 DEGREES 38 MINUTES 16 SECONDS WEST 694.60 FEET TO A POINT; RUNNING THENCE NORTH 00 DEGREES 04 MINUTES 10 SECONDS WEST 62.65 FEET TO A POINT LOCATED ON THE SOUTH BOUNDARY LINE OF THE ABOVE DESCRIBED 4.62 ACRE TRACT; RUNNING THENCE NORTH 89 DEGREES 38 MINUTES 16 SECONDS EAST AND ALONG THE SOUTH BOUNDARY LINE OF THE AFORESAID PROPERTY A DISTANCE OF 25.0 FEET TO AN IRON PIN; RUNNING THENCE NORTH 89 DEGREES 36 MINUTES 16 SECONDS EAST 810.00 FEET TO AN IRON PIN; RUNNING THENCE NORTH 00 DEGREES 39 MINUTES 21 SECONDS WEST 189.96 FEET TO AN IRON PIN LOCATED ON THE SOUTHERLY RIGHT OF WAY LINE OF GREEN DRIVE: RUNNING THENCE SOUTH 88 DEGREES 11 MINUTES 58 SECONDS EAST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF GREEN DRIVE A DISTANCE OF 25.02 FEET TO AN IRON PIN LOCATED ON THE EAST LAND LOT LINE OF LAND LOT 490 AND THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT IS MORE PARTICULARLY SHOWN AS A 25 FOOT INGRESS/EGRESS EASEMENT ON AND DELINEATED ACCORDING TO THAT CERTAIN PLAT OF SURVEY FOR CARLOS JONES BY GASKINS SURVEYING CO., JOHN C GASKINS. G.R.L.S #2060 DATED FEBRUARY 05,1997, WHICH SAID PLAT IS INCORPORATED HEREIN BY THIS REFERENCE THERETO FOR A MORE COMPLETE DESCRIPTION OF THE COURSES AND DISTANCES, METES AND BOUNDS, OF SAID EASEMENT. THE EASEMENT GRANTED HEREIN IS PERPETUAL,SHALL RUN WITH THE LAND AND SHALL INURE TO THE BENEFIT OF, AND BE BINDING UPON GRANTER AND GRANTEE HEREIN,THEIR RESPECTIVE HEIRS,LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, AND SHALL NOT BE EXCLUSIVE TO GRANTEE BUT GRANTOR AND GRANTEE MAY CONVEY SIMILAR EASEMENTS TO OTHER PARTIES. THE ABOVE DESCRIBED PROPERTY IS CONVEYED SUBJECT TO THAT CERTAIN INGRESS/EGRESS EASEMENT, 25 FEET IN WIDTH, AND RUNNING ALONG THE EAST BOUNDARY LINE OF AFORESAID PROPERTY, AS THE SAME IS MORE PARTICULARLY SHOWN ON THE ABOVE REFERENCED PLAT, WHICH IS SAID PLAT IS INCORPORATED HEREIN BY THIS REFERENCE THERETO. THIS BEING THE SAME PROPERTY CONVEYED TO KEVIN MICHAEL VAYDA AND ALLISON FAE CAWLEY, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP FROM JASON C. GRAY AND MARCI B. GRAY BY WARRANTY DEED DATED 06/17/2021 AND RECORDED AT/IN BOOK 15929, PAGE 1155 IN THE REGISTER OF DEEDS FOR COBB COUNTY, GA. 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 OF SALUDA GRADE LOAN TRUST 6 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 OF SALUDA GRADE LOAN TRUST 6 (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 2126 GREEN DRIVE SW, MARIETTA, GEORGIA 30064 is/are: KEVIN MICHAEL VAYDA AND ALLISON F CAWLEY 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 OF SALUDA GRADE LOAN TRUST 6 as Attorney in Fact for KEVIN MICHAEL VAYDA AND ALLISON F CAWLEY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000010498434 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398. 7:11,18,25; 8:1-2025