3168 Spicy Cedar Ln

420-499614 7/10,7/17,7/24, 7/31NOTICE OF SALEUNDER POWER,DEKALB COUNTYPursuant to the Power of Sale contained in a Security Deed given by Clarice Tyree and Michael Allen Tyree to Discover Bank dated 12/9/2021 and recorded in Deed Book 29975 Page 23 DeKalb County, Georgia records; as last transferred to or acquired by Capital One, N.A. sbm Discover Bank, conveying the after-described property to secure a Note in the original principal amount of $57,993.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of DeKalb County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on August 5, 2025 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property:ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 182 OF THE 16TH DISTRICT, DEKALB COUNTY, GEORGIA, BEING LOT 27, THE TERRACE AT STONECREST, AS MORE PARTICULARLY DESCRIBED ON A PLAT OF SURVEY ENTITLED "FINAL PLAT FOR THE TERRACE AT STONECREST (F/K/A TOWNHOMES AT STONECREST)", DATED JANUARY 15, 2007, PREPARED BY MANSUR ENGINEER, INC., CERTIFIED BY DANIEL A. MILLER, GEORGIA REGISTERED LAND SURVEYOR NO. 2557, RECORDED AT PLAT BOOK 197, PAGES 84-87, AS REVISED AT PLAT BOOK 202, PAGES 52-55, DEKALB COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE HERETO. ASSESSOR'S PARCEL NO: 16 182 01 048 WHICH HAS THE ADDRESS OF 3168 SPICY CEDAR LN, LITHONIA, GA 30038THIS SALE IS MADE SUBJECT TO THAT SECURITY DEED IN THE AMOUNT OF $180,667.00, RECORDED ON 2/22/2017 IN DEED BOOK 26095, PAGE 221, AFORESAID RECORDS.The debt secured by said Security Deed 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 Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).Said property is commonly known as 3168 Spicy Cedar Ln, Lithonia, GA 30038 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Michael Allen Tyree or tenant or tenants.Capital One, N.A. sbm Discover Bank is the entity or individual designated, who shall have full authority to negotiate, amend and modify all terms of the mortgage.Capital One, N.A. sbm Discover Bank Loss Mitigation Department 1 Corporate Center Drive, Suite 360 Lake Zurich, IL 60047 1-866-397-5370Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.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 non-judicial 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 immediately above.Capital One, N.A. sbm Discover Bank as agent and Attorney in Fact for Clarice Tyree and Michael Allen TyreeAldridge Pite, LLP, Six Piedmont Center, 3525 Piedmont Road, N.E., Suite 700, Atlanta, Georgia 30305, (404) 994-7400.1072-698ATHIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ++1072-698A/ TYREE++