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NOTICE OF SALE UNDER POWER GEORGIA, RICHMOND COUNTY By virtue of a Power of Sale contained in that certain Security Deed from Carlos W. Ortiz Rosario and Glorivee Ortiz to Mortgage Electronic Registration Systems, Inc., ("MERS"), as nominee for Mortgage Investors Corporation, dated January 18, 2011, recorded January 26, 2011, in Deed Book 1290, Page 719, Richmond County, Georgia Records, and as last assigned to Planet Home Lending, LLC, by virtue of Assignment recorded in Deed Book 1480, Page 1030, Richmond County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of TWO HUNDRED THIRTY-EIGHT THOUSAND ONE HUNDRED NINETY DOLLARS AND NO CENTS ($238,190.00), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Richmond County, Georgia, within the legal hours of sale on the first Tuesday in November 2015 by Planet Home Lending, LLC, as Attorney in Fact for Carlos W. Ortiz Rosario and Glorivee Ortiz, all property described in said Security Deed including but not limited to the following described property: ALL THAT LOT OR PARCEL OF LAND, WITH IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF RICHMOND, BEING KNOWN AND DESIGNATED AS LOT 6, BLOCK I, SECTION 3, ELDERBERRY SUBDIVISION, AS SHOWN ON A PLAT RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA, IN REALTY BOOK 3, PAGE 440-444. REFERENCE IS HEREBY MADE TO SAID PLAT FOR A MORE COMPLETE AND ACCURATE DESCRIPTION AS TO THE METES, BOUNDS AND LOCATION OF SAID PROPERTY. THIS PROPERTY IS CONVEYED SUBJECT TO DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR ELDERBERRY SECTION 3, RECORDED IN BOOK 1164, PAGE 61, AS AMENDED IN BOOK 1165, PAGE 2569; TO AN EASEMENT IN BOOK 1082, PAGE 2083; A DEED OF DEDICATION IN BOOK 1167, PAGE 201; A MAINTENANCE AGREEMENT IN BOOK 1167, PAGE 203 AND TO ANY AND ALL OTHER RESTRICTIONS OF RECORD. Said property being known as 4147 ELDERS DRIVE, AUGUSTA, GEORGIA 30909 according to the present numbering system in Richmond County. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. 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 and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: any superior Security Deeds of record; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Carlos W. Ortiz Rosario and Glorivee Ortiz or tenant(s). 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. The name of the person or entity who has the full authority to negotiate, amend, and modify all terms of the mortgage is: Planet Home Lending LLC, 321 Research Parkway, Suite 303, Meriden, CT 06450 TEL (866) 882-8187. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Geheren Firm, P.C., 4828 Ashford Dunwoody Road, 2nd Floor, Atlanta, GA 30338 TEL (678) 587-9500. October 8, 15, 22, 29, 2015 Ad #167296668
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