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gpn11 CN6868 NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from SECURITY DEED DATED OCTOBER 25, 2005, FROM WILLIAM BLEVINS, JR. AND LAURA BLEVINS TO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR CAPITAL ONE HOME LOANS, LLC AS RECORDED NOVEMBER 14, 2005, AT DEED BOOK 1236, PAGE 380, CATOOSA COUNTY, GEORGIA RECORDS. AS TRANSFERRED BY ASSIGNMENT DATED AUGUST 18, 2014, FROM MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC ("MERS"), AS DESIGNATED NOMINEE FOR CAPITAL ONE HOME LOANS, LLC, TO OCWEN LOAN SERVICING, LLC, AS RECORDED MARCH 31, 2016, AT DEED BOOK 1815, PAGE 822, CATOOSA COUNTY, GEORGIA RECORDS. AS TRANSFERRED BY ASSIGNMENT DATED AUGUST 18, 2014, FROM OCWEN LOAN SERVICING, LLC TO BLACKNOTE CAPITAL, LLC, AS RECORDED MARCH 31, 2016, AT DEED BOOK 1815, PAGE 824, CATOOSA COUNTY, GEORGIA RECORDS. AS TRANSFERRED BY ASSIGNMENT DATED FEBRUARY 3, 2016, FROM BLACKNOTE CAPITAL, LLC TO SURF CITY INVESTORS, LLC, AS RECORDED MARCH 31, 2016, AT DEED BOOK 1815, PAGE 825, CATOOSA COUNTY, GEORGIA RECORDS. , said Deed to Secure Debt having been given to secure a Note dated OCTOBER 25, 2005 in the original principal sum of THIRTY THOUSAND AND 00/100 Dollars (U.S. $30,000.00),, with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at CATOOSA County, Georgia, within the legal hours of sale on the first Tuesday in JULY, 2016. (July 5, 2016) the following described property: TRACT ONE: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NO. 73, OF THE 28TH DISTRICT, 3RD SECTION, OF CATOOSA COUNTY, GEORGIA, BEING PART OF LOT 61, CINDERELLA HILLS SUBDIVISION, AS PER SUBDIVISION PLAT RECORDED IN PLAT BOOK 9, PAGE 47, CATOOSA COUNTY, GEORGIA RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE WEST LINE OF LINDA LANE WHICH IS 125 FEET SOUTH OF THE SOUTHWEST CORNER OF THE INTERSECTION BETWEEN CINDY CIRCLE AND LINDA LANE, SAID SOUTHWEST CORNER BEING WHERE THE SOUTH LINE OF CINDY CIRCLE WOULD STRIKE THE WEST LINE OF LINDA LANE IF BOTH LINES WERE EXTENDED STRAIGHT TO THEIR POINT OF MEETING; THENCE RUNNING SOUTH 01 DEGREE 10 MINUTES EAST ALONG THE WEST LINE OF LINDA LANE 114.5 FEET TO A STAKE CORNER; THENCE RUNNING NORTH 84 DEGREES 30 MINUTES WEST 110 FEET TO A STAKE CORNER; THENCE RUNNING NORTHWARDLY 114 FEET, MORE OR LESS, TO A CORNER; THENCE RUNNING NORTH 88 DEGREES 50 MINUTES EAST 110 FEET TO THE POINT OF BEGINNING. TRACT TWO: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NO. 73, OF THE 28TH DISTRICT, 3RD SECTION, OF CATOOSA COUNTY, GEORGIA, BEING LOT NO. 62 AND PART OF LOT 61, CINDERELLA HILLS SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 9, PAGE 47, CATOOSA COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY ADOPTED AND MADE A PART HEREOF BY REFERENCE THERETO FOR A MORE COMPLETE DESCRIPTION OF SAID PROPERTY. SAID PROPERTY BEING IMPROVED PROPERTY NOW OR FORMERLY KNOWN AS 161 LINDA LANE, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING IN CATOOSA COUNTY, GEORGIA. BEING THE SAME PROPERTY AS THAT CONVEYED BY WARRANTY DEED DATED JUNE 24, 1999, FROM EARL H. WILSON, SR. AND JULIA R. WILSON TO ANTHONY B. HORTON AND TRACY D. HORTON (JTWROS), AS RECORDED JUNE 29, 1999, AT DEED BOOK 702, PAGE 360, CATOOSA COUNTY, GEORGIA RECORDS. THIS IS BEING GIVEN SUBJECT TO THAT CERTAIN SECURITY DEED DATED OCTOBER 29, 2003, FROM WILLIAM J. BLEVINS, JR. AND LAURA BLEVINS TO 1ST BANK FOR SAVINGS, FSB, IN THE PRINCIPAL AMOUNT OF $127,006.00, AS RECORDED NOVEMBER 4, 2003, AT DEED BOOK 1044, PAGE 102, CATOOSA COUNTY, GEORGIA RECORDS. AS TRANSFERRED BY ASSIGNMENT DATED OCTOBER 29, 2003, FROM 1ST BANK FOR SAVINGS, FSB TO CHASE MANHATTAN MORTGAGE CORPORATION, AS RECORDED NOVEMBER 4, 2003, AT DEED BOOK 1044, PAGE 111, CATOOSA COUNTY, GEORGIA RECORDS The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. 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 Note and Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). is the current owner of the loan. Said property is commonly known as 161 LINDA LANE, RINGGOLD, GA 30736 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): LAURA BLEVINS and WILLIAM BLEVINS, JR or tenant or tenants. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: SURF CITY INVESTORS, LLC., PO BOX 6093, HUNTINGTON BEACH, CA 92615 , 770-884-8184 (Phone number). Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. 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) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. 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. SURF CITY INVESTORS, LLC., Attorney-in-Fact for WILLIAM BLEVINS, JR AND LAURA BLEVINS Cruikshank Ersin, LLC Attorneys at Law 6065 Roswell Road, Ste 680 Atlanta, GA 30328 770-884-8184 Fax 770-884-8114 6-8,15,22,29
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