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NOTICE OF SALE UNDER POWER GEORGIA, Fannin COUNTY THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Alta L. Foster to Unity Mortgage Corp. dated 12/28/06, recorded in Deed Book 766, Page 834, Fannin, County, Georgia Records, as last transferred to James B. Nutter & Company by assignment recorded in Deed Book 948, Page 147, Fannin County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of $150,000.00, with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash or certified check only before the courthouse door of Fannin County, Georgia within the legal hours of sale on February 2, 2016, the following described property: All that tract or parcel of land lying and being in the 8th District and 1st Section of Fannin County, Georgia and being a part of Land Lot 261 ( incorrectly referenced as Land Lot 262), containing 1.00 acre, more or less, as shown on a plat of survey made by Tim Cable and Associates, G.R.L.S. No. 2582, dated October 4, 2000, and recorded in Plat Hanger C-194, Page 5, Office of the Clerk of Superior Court of Fannin County, Georgia, said plat of survey being incorporated herein, by reference hereto, for a more accurate metes and bounds description of the above described property. 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. There is also conveyed the right of ingress and egress over and across all roads as shown on said recorded plat or as shown on any development plat 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 Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). James B. Nutter & Company services the above referenced loan on behalf of the current owner of the loan. James B. Nutter & Company can be contacted at 800-315-7334 or by writing to Westport Plaza Office 4153 Broadway Kansas City, MO 64111, to discuss possible alternatives to foreclosure. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: James B. Nutter & Company, Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Alta L. Foster or a tenant or tenants and said property is more commonly known as 13334 Old Highway 76, Morganton, GA 30560. 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. RCO Legal, P.S. 2970 Clairmont Road NE, Suite 780 Atlanta, GA 30329 (770)-234-9181 www.rcolegal.com 7870.20901 TS#: 7870.20901 FEI # 2013.03792
Jan. 6-27
#215891
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