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NOTICE OF SALE UNDER POWER
GEORGIA, GILMER COUNTY
Under and by virtue of the Power of Sale contained in that certain Security Deed from John B. Davis and Anne P Davis (“Grantorsâ€) to Bank of North Georgia, a division of Synovus Bank, as successor in interest to Cherokee Federal Savings and Loan Association of Canton (“Granteeâ€), dated October 24, 1986, filed and recorded October 29, 1986 in Deed Book 190, Page 484, Gilmer County, Georgia Records (the “Security Deedâ€), conveying the after-described property to secure that certain Adjustable Rate Note dated October 24, 1986, from Grantors to Grantee, in the original principal amount of Fifty Three Thousand Two Hundred and 00/100 Dollars ($53,200.00) with interest thereon as set forth therein (the “Noteâ€), 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 April, 2016, the following described property:
All that tract or parcel of land lying and being in the 11th and 25th Districts, 2nd Section of Gilmer County, Georgia, and a part of Land Lots 147 (11th) and 298, 299, 314 and 315 (25th) and designated as Lot 1509 of Eagle's Mountain Resort Unit XXVII, as shown on survey of Burns L. Jeffries, RLS #2036, dated August 22, 1985, and recorded in Plat Book 13, Page 103, Gilmer County Records to which reference is hereby made for a more complete metes and bounds description as provided by Section 44-2-28 Official Code of Ga. Ann. (29-423 GA. Code Ann.).
The indebtedness secured by said Security Deed has been and is hereby declared due and payable 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. 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 as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, easements against the property, if any, and subject to any unpaid water and waste bills that constitute liens against the property, whether due and payable or not yet due and payable. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
The following information is being provided in accordance with O.C.G.A. § 44-14-162.2. Bank of North Georgia, a Division of Synovus Bank is the secured creditor under the Security Deed and loan being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated Note on behalf of the secured creditor: Bank of North Georgia, a Division of Synovus Bank, Attn: Foreclosures, 1750 S. 14th Street, Fernandina Beach, Florida 32034, (904) 491-7247. O.C.G.A. § 44-14-162.2 states in pertinent part that, ""othing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.""To the best of the undersigned's knowledge and belief, the property is located at 46 Norse Court, Ellijay, Gilmer County, Georgia 30540, and the parties in possession of the property is John B. Davis and Anne P. Davis, or their tenant or tenants.
Bank of North Georgia, a division of Synovus Bank, as successor in interest to Cherokee Federal Savings and Loan Association of Canton, as Attorney-in-Fact for John B. Davis and Anne P. Davis
Thompson, O'Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
This is notice that we are attempting to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector.
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