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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 Gail C. Johnson to UNITED COMMUNITY MORTGAGE SERVICES, INC., dated 02/15/2005, recorded in Deed Book 623, Page 396, Fannin County, Georgia records, as last transferred to DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee for RESIDENTIAL ASSET SECURITIZATION TRUST 2005-A8CB MORTGAGE PASS-THROUGH CERTIFICATES Series 2005-H by assignment recorded or to be recorded in the Fannin County, Georgia records conveying the after-described property to secure a Note in the original principal amount of Two Hundred Forty-One Thousand Five Hundred and 00/100 DOLLARS ($241,500.00), 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, within the legal hours of sale on the first Tuesday in September 2016, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 7TH DISTRICT AND 2ND SECTION OF FANNIN COUNTY, GEORGIA AND BEING A PORTION OF LAND LOT NO.3 AND BEING MORE PARTICULARLY DESCRIBED AS CONTAINING 3.08 ACRES AS SHOWN BY THAT CERTAIN PLAT FOR J. ROBERT JOHNSON JR. AND GAIL C. JOHNSON, DATED APRIL 13, 1993 BY LANE S. BISHOP, G.R.L.S. NO. 1575. SAID PLAT RECORDED IN PLAT HANGER A-100, PAGE 2, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT, FANNIN COUNTY, GEORGIA. PURSUANT TO O.C.G.A. 44-2-28, REFERENCE IS HEREBY MADE TO SAID RECORDED PLAT FOR THE PURPOSE OF INCORPORATING SAME HEREIN FOR A MORE COMPLETE METES AND BOUNDS DESCRIPTION OF THE PROPERTY HEREIN CONVEYED. SAID PROPERTY IS CONVEYED SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND RIGHTS OF WAY AS SET FORTH ON SAID RECORDED PLAT OR AS APPEARING OF RECORD. SUBJECT TO EXISTING EASEMENTS AND RIGHT OF WAYS FOR PUBLIC ROADS, IF ANY. ALSO SUBJECT TO FANNIN COUNTY, GEORGIA SUBDIVISION REGULATIONS, MOBILE HOME REGULATIONS AND ANY ZONING OR OTHER ORDINANCES, IF ANY. THIS CONVEYANCE MADE TOGETHER WITH AND SUBJECT TO THE RIGHT OF INGRESS, EGRESS AND UTILITY SERVICE ALONG EXISTING ROADS TO THE SUBJECT PROPERTY AS SET FORTH ON THE AFOREMENTIONED SURVEY PLAT OR AS APPEARING OF RECORD. THIS BEING THAT SAME PROPERTY CONVEYED UNTO GAIL C. JOHNSON BY QUITCLAIM DEED FROM JAMES ROBERT JOHNSON, JR. A/K/A J. ROBERT JOHNSON, JR., DATED NOVEMBER 8, 2000, RECORDED ON DECEMBER 15, 2000, IN DEED BOOK 376, PAGE 320, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, FANNIN COUNTY, GEORGIA. G1-1661BJOHNSON 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. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing, LLC, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 561-682-8000. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the parties in possession of the property are Gail C. Johnson or a tenant or tenants. 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. DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee for RESIDENTIAL ASSET SECURITIZATION TRUST 2005-A8CB MORTGAGE PASS-THROUGH CERTIFICATES Series 2005-H As Attorney in Fact for Gail C. Johnson Weissman, Nowack, Curry, & Wilco P.C. Attn: Lender Services One Alliance Center, 4th Floor 3500 Lenox Road Atlanta, GA 30326 Our File# 017237-007330 Aug. 10-31 #5649
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