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Notice Publish Date:
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Wednesday, January 13, 2016
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Notice Content
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF GILMER
Under and by virtue of the Power of Sale in a certain Security Deed from Grantor WILLIAM J. MASSEY and PAMELA L. MASSEY to Grantee Georgia Farms & Land, Inc. recorded in Deed Book 1232, page 102, Gilmer County, Georgia Records; said Security Deed having been given to secure a note dated February 1, 2006 in the original principal amount of $37,319.00; there will be sold by the undersigned at public outcry, during the legal hours of sale before the door at the Courthouse of Gilmer County, Georgia, on the first Tuesday in February, 2016 to the highest and best bidder for cash, the following described property:
All that tract or parcel of land lying and being in the 12th District, 2nd Section of Gilmer County, Georgia, being Lot 44 of Whitestone Subdivision – Phase Three, and being more particularly shown and delineated on a certain plat recorded at Plat Book 36, page 176 in the Office of the Clerk of Superior Court of Gilmer County, Georgia, which plat be reference is incorporated herein and made a part hereof.
The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of Default pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to Secure Debt including attorney's fees, and the remainder if any shall be applied as provided by law.
To the best of the undersigned's knowledge and belief the property is in the possession of WILLIAM J. MASSEY and PAMELA L. MASSEY and will be sold as the property of WILLIAM J. MASSEY and PAMELA L. MASSEY, subject to outstanding ad valorem taxes and all liens, easements, encumbrances and restrictions of record, if any, having priority over the Security Deed.
Ronald Lipsitz as Trustee for the Realty Resources Corporation Profit Sharing Plan is the secured creditor and holder of the security deed and indebtedness being foreclosed; the above mentioned security deed was transferred and assigned to Ronald Lipsitz as Trustee for the Realty Resources Corporation Profit Sharing Plan by that instrument recorded November 5, 2007 at Deed Book 1430, page 217, Gilmer County, Georgia records.
Pursuant to the requirements of OCGA 44-12-162.2(a), notice is given that the following person shall have full authority to negotiate, amend, and modify all terms of the mortgage on behalf of Ronald Lipsitz as Trustee for the Realty Resources Corporation Profit Sharing Plan : David Aronstein, 102 Hammond Drive, Atlanta, GA 30328, (404) 252-7070. However, OCGA 44-12-162.2(a) states that “nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument."
The sale will be conducted subject: (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. The undersigned will execute a deed to the purchaser as authorized by the Deed to Secure Debt.
RONALD LIPSITZ AS TRUSTEE FOR THE REALTY RESOURCES CORPORATION PROFIT SHARING PLAN
as Attorney in Fact for
WILLIAM J. MASSEY and
PAMELA L. MASSEY
Neal Brunt
Brunt & Hood, LLC
11 Public Square
Cartersville, GA 30120
(770) 387-4500
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ALL INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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