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NOTICE OF SALE UNDER POWER, GILMER COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Rafael Gonzalez and Cynthia Mariani to Bank of America, N.A. dated 11/2/2006 and recorded in Deed Book 1325 Page 37 , Gilmer County, Georgia records; as last transferred to or acquired by Bank of America, N.A., conveying the after-described property to secure a Note in the original principal amount of $ 35,120.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Gilmer County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on April 05, 2016 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property:
All that tract or parcel of land lying and being in the 7th District and 2nd Section of Gilmer County, Georgia, and being in Land Lot No. 77, and being more particularly described as Tract 5 of King's Ridge Estates, containing 2.29 acres of land, as shown on that certain plat of survey dated December 4, 1996, prepared by Lane S. Bishop G.R.L.S. No. 1575, recorded in Plat Book 28, page 156·157, Gilmer County Deed Records. Said recorded plat is hereby made a part of this deed by reference thereto for a more complete description of the above described property.
The above described property is conveyed subject to all easements, restrictions and rights of way as set forth on said recorded plat or as appearing of record.
The above described property is further conveyed subject to the Declaration of Covenants, Conditions and Restrictions of King's Ridge Estates, recorded in Deed Book 549, page 277, Gilmer County Deed Records.
The above described property is the same property as conveyed by that certain Warranty Deed dated March 20, 1997, from Leyva, Inc. to Edwin S. Meares, Sr., recorded in Deed Book 553, page 243, Gilmer County Deed Records.
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 the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
Said property is commonly known as 5 Bear Paw Trail, Cherry Log, GA 30522 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Rafael Gonzalez and Cynthia Mariani or tenant or tenants.
Ditech Financial LLC is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
Ditech Financial LLC
Loss Mitigation
7360 S. Kyrene Road
Tempe, AZ 85283
1-800-643-0202
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 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 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.
Bank of America, N.A. as agent and Attorney in Fact for Rafael Gonzalez and Cynthia Mariani
Aldridge Pite, LLP (formerly known as Aldridge Connors, LLP), 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
1317-2352A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1317-2352A
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