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NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of Sale contained in a Security Deed from DIANE W. COOK to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns, dated March 26, 2009, and recorded on April 7, 2009, in Book 1539, Page 182, of the Gilmer County, Georgia Records, as last assigned to CARRINGTON MORTGAGE SERVICES, LLC (Secured Creditor); conveying the after-described property to secure a Note in the original principal amount of $134,513.00 with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Gilmer County, Georgia, within the legal hours of sale on the first TUESDAY in February, 2016, the following described property:
All that tract or parcel of land lying and being in Land Lot No. 255, in the 11th District, and 2nd Section of Gilmer County, Georgia, being Tract 2, consisting of 3.46 acres, as shown on plat of subdivision of property of Paul Quarles, said plat being dated March 1983, by J.H. Rea, Georgia Registered Land Surveyor No. 1955, is recorded in Plat Book 10, Page 286, Gilmer County, Georgia Land Records, with reference made thereto for the purpose of incorporating same, included are all improvements thereon.
Subject to all road rights of ways shown on the above-cited plat and with the restriction that such property may only be used for residential purposes. No mobile home or trailers shall be allowed on such property.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said 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) and all other payments provided for under the terms of the Security Deed and Note.
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.
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. 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CARRINGTON MORTGAGE SERVICES, LLC, 1600 South Douglass Road, Suite 200-A, Anaheim, CA 92806, 1-800-790-9502. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best of the undersigned's knowledge and belief, said property is also known as 521 Old Round Top Road, Ellijay, GA 30540, and the party in possession of the property is/are DIANE W. COOK or a tenant or tenants of said property.
CARRINGTON MORTGAGE SERVICES, LLC
As Attorney-in-Fact for
DIANE W. COOK
SOLOMON BAGGETT, LLC
40 Technology Parkway South, Suite 202
Norcross, Georgia 30092
(678) 243-2512
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Publish: 1/6/16; 1/13/16; 1/20/16; and 1/27/16
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