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STATE OF GEORGIA COUNTY OF FANNIN NOTICE OF SALE UNDER POWER Because of a default under the terms of the Security Deed executed by John W. Jeans Sr. to Mortgage Electronic Registration Systems, Inc. as nominee for GMAC Mortgage Corporation DBA ditech.com and its successors and assigns dated December 13, 2005, and recorded in Deed Book 697, Page 574, Fannin County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Ditech Financial LLC by Assignment, securing a Note in the original principal amount of $90,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, July 5, 2016, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: ALL THAT PARCEL OF LAND IN CITY OF MCCAYSVILLE, FANNIN COUNTY, STATE OF GEORGIA, AS MORE FULLY DESCRIBED IN DEED BOOK 469, PAGE 535-36, ID# 006172 D02, BEING KNOWN AND DESIGNATED AS:ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 8TH DISTRICT AND 2ND SECTION OF FANNIN COUNTY, GEORGIA AND BEING PART OF LAND LOT NO. 36 AND BEING MORE PARTICULARLY DESCRIBED AS LOT 1"C" CONTAINING 2.00 ACRES AS SHOWN BY THAT CERTAIN PLAT FOR VAN PELFREY AND SHARON PELFREY BY LANE S BISHOP G.R.L.S. NO. 1575 AND SHELLY BISHOP G.R.L.S. NO. 2536. SAID PLAT RECORDED IN PLAT HANGER A-295, PAGE 1, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, FANNIN COUNTY, GEORGIA.BY FEE SIMPLE DEED FROM VAN PELFREY AND SHARON PELFREY AS SET FORTH IN DEED BOOK 469, PAGE 535-36 DATED 10/09/2002 AND RECORDED 10/17/2002, FANNIN COUNTY RECORDS, STATE OF GEORGIA. Said property is known as 1109 Old Mobile Road, Mccaysville, GA 30555, together with all fixtures and personal property attached to and constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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 proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law. 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 secured creditor. The property is or may be in the possession John W. Jeans, Sr., a/k/a John W. Jeans, successor in interest or tenant(s). Ditech Financial LLC F/K/A Green Tree Servicing LLC as Attorney-in-Fact for John W. Jeans Sr. File no. 16-059763 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100Atlanta, GA 30341 770-220-2535/SJ shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. June 8-29 #254488
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