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NOTICE OF SALE UNDER POWER, FANNIN COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Richard A. Sheldon and Andrea M. Sheldon to Mortgage Electronic Registration Systems, Inc., as nominee for Century 21 Mortgage dated 6/16/2011 and recorded in Deed Book 973 Page 703 Fannin County, Georgia records; as last transferred to or acquired by PHH MORTGAGE CORPORATION, conveying the after-described property to secure a Note in the original principal amount of $60,952.50, 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 Fannin County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on August 02, 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 8th District and 1st Section of Fannin County, Georgia, and being a part of Land Lots No. 41 and 68 and being more particularly described as 10.00 acres of land according to a plat of survey prepared for J. Wesley Privett by Mark E. Chastain, G.R.L.S., No. 2718, dated December 9, 1996, and is recorded in Plat Hanger A-306, Page 8, Office of the Clerk of Superior Court of Fannin County, Georgia. Reference is hereby made to said recorded plat for survey for the purpose of incorporating same herein for a more complete metes and bounds description of the property herein described. The above described property is conveyed subject to any and all easements and rights-of-way as shown on the aforementioned plat of survey and is appearing of record. Subject Property Address: 5346 MURPHY HWY, Mineral Bluff, Georgia 30559 Parcel ID: 0027-075 GRANTEE HEREIN SHALL BE PROHIBITED FROM CONVEYED CAPTIONED PROPERTY TO A BONAFIDE PURCHASER FOR VALUE OF A SALES PRICE GREATER THAN $81,270.00 FOR A PERIOD OF 3 MONTHS FROM THE DATE OF THIS DEED. GRANTEE SHALL ALSO BE PROHIBITED FROM ENCUMBERING THE SUBJECT PROPERTY WITH A SECURITY INTEREST IN THE PRINCIPAL AMOUNT OF GREATER THAN $81,270 FOR A PERIOD OF 3 MONTHS FROM THE DATE OF THIS DEED. THESE RESTRICTIONS SHALL RUN WITH THE LAND AND ARE NOT PERSONAL TO GRANTEE. THIS RESTRICTION SHALL TERMINATE IMMEDIATELY UPON CONVEYANCE AT ANY FORECLOSURE SALE RELATED TO MORTGAGE OR DEED OF TRUST. 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 5346 Murphy Highway, Mineral Bluff, GA 30559 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): Richard A. Sheldon and Estate/Heirs of Andrea M. Sheldon or tenant or tenants. PHH Mortgage Corporation is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. PHH Mortgage Corporation One Mortgage Way Mount Laurel, NJ 08054 (800)-750-2518 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. PHH MORTGAGE CORPORATION as agent and Attorney in Fact for Richard A. Sheldon and Andrea M. Sheldon 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. 1162-5162A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1162-5162A. July 6-27 #263690
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