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NOTICE OF SALE UNDER POWER, GILMER COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Floyd Heath Holdsworth to Mortgage Electronic Registration Systems, Inc. as a nominee for FRANKLIN AMERICAN MORTGAGE COMPANY dated 11/16/2012 and recorded in Deed Book 1770 Page 48, Gilmer County, Georgia records; as last transferred to or acquired by PennyMac Loan Services, LLC, conveying the after-described property to secure a Note in the original principal amount of $ 130,854.00, 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 Gilmer County, Georgia, within the legal hours of sale on October 06, 2015 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
All that tract or parcel of land lying and being in the 7th District and 2nd Section, Gilmer County, Georgia and being a part of Land Lot No. 104 and being more particularly described as Lot 10, containing 1.73 acres as shown by that certain plat for Phillip G. Shearer and Wandora H. Shearer dated November 15, 1993 by Lane S. Bishop, Lane S. Bishop and Associates, G.R.L.S. No 1575, said plat recorded on November 19, 1993 in Plat Book 23, Page 163, in the Office of the Clerk of the Superior Court, Gilmer County, Georgia. Pursuant of O.C.G.A. 44-2-28, reference is hereby made to said recorded plat for the purpose of incorporating same herein for a more complete metes and bounds description of the property herein conveyed. Said property is conveyed subject to all easements, restrictions, and rights of way as set forth on said recorded plat or as appearing of record. Subject to existing easements and right of ways for public roads, if any. Also subject to Gilmer County, Georgia Subdivision regulations, Mobile Home regulations and any zoning or other ordinances, if any. This conveyance made together with right of ingress, egress and utility service along existing roads to the subject property.
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 986 Jo Ann Sisson Road, Cherry Log, GA 30522 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): Floyd Heath Holdsworth or tenant or tenants.
PennyMac Loan Services, LLC is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
PennyMac Loan Services, LLC
Loss Mitigation, 6101 Condor Drive, Moorpark, CA 93021, 1-800-549-3583
Note, 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.
PennyMac Loan Services, LLC as agent and Attorney in Fact for Floyd Heath Holdsworth
Aldridge Pite, LLP (formerly known as Aldridge Connors, LLP), 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
1120-17318A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1120-17318A
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