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NOTICE OF SALE UNDER POWER GEORGIA, FANNIN COUNTY THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by David Haight, Jr. and David Haight, Jr. to Peoples Bank of Fannin County, dated March 17, 1999, recorded in Deed Book 318, Page 674, Fannin County, Georgia Records and as modified by that certain Loan Modification Agreement recorded in Deed Book 429, Page 744, Fannin County, Georgia Records, as last transferred to CF SOUTHEAST WL LLC by assignment recorded in Deed Book 1136, Page 76, Fannin County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY-SEVEN THOUSAND NINE HUNDRED SEVENTEEN AND 50/100 DOLLARS ($177,917.50), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Fannin County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in September, 2016, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 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 Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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. CF SOUTHEAST WL LLC is the holder of the Security Deed to the property in accordance with OCGA 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Seneca Mortgage Servicing LLC, 611 Jamison Rd, Elma, NY 14059 716-204-3657. To the best knowledge and belief of the undersigned, the party in possession of the property is Kimberly A. Haight or a tenant or tenants and said property is more commonly known as 9065 Blue Ridge Drive, Blue Ridge, Georgia 30513. 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 holder of the security deed. CF SOUTHEAST WL LLC as Attorney in Fact for David Haight, Jr. and David Haight, Jr. McCalla Raymer Pierce, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net EXHIBIT "A" All that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County Georgia and being a part of Land Lot No. 244 and more particularly described as follows: BEGINNING on the Northern boundary of the right of way for Georgia Highway #5 at the Southwestern corner of the property conveyed at an iron stake; and running thence North 16 deg. 55' East 645.5 feet to a point; thence South 63 deg. 20' East 382.2 feet to a point on an old road; thence along the old road South 8 deg. 20' East 159.4 feet to a point; thence South 42 deg. 10' West 171.2 feet to a point on an old road; thence South 82 deg. 20' West 165.5 feet to a point; thence North 87 deg. 57' West 117.1 feet to a point marked by an oak tree; thence South 34 deg. 52' West 196.5 feet to a point on the right of way; thence North 65 deg. 44' West a distance of 50 feet along said right of way back to the beginning point, and containing four (4) acres, more or less. The above described property is represented by a plat of survey by V. Gregory, Supervised by C. E. Fraley, Reg. N.C. Surveyor, dated September 14, 1971 recorded in Plat Book 5, page 3 Fannin County Deed Records. The above described property is conveyed subject to the following restrictions: 1) No portion of the property may be subdivided; 2) The property is to be used for single-family residential purposes only, and no commercial activity may be conducted upon same; 3) No mobile homes may be placed upon the property. The above described property is the same property conveyed by Warranty Deed dated the 31st day of March, 1988 recorded in deed book 134 page 731, Fannin County Deed Records. The right, if any, of The United States of America to redeem said land within 120 days from the date of the foreclosure sale held on September 6, 2016, as provided for by the Federal Tax Lien Act of 1966 (Public Law 89-719). MR/jbn 9/6/16 Our file no. 5107015 - FT8 July 10-31 #272551
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