Notice Content
NOTICE OF SALE UNDER POWER, GILMER COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Teresa
Deyton to Lendmark Financial Services, Inc. dated 4/18/2008 and
recorded in Deed Book 1471 Page 167 Gilmer County, Georgia records;
as last transferred to or acquired by Branch Banking and Trust
Company, conveying the after-described property to secure a Note in
the original principal amount of $ 34,300.00, 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 Gilmer County, Georgia (or such other area as designated by
Order of the Superior Court of said county), within the legal hours
of sale on September 06, 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 PART OF LAND LOT
NOS. 37, 54 AND 19 OF THE 10TH DISTRICT AND 2ND SECTION OF GILMER
COUNTY GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE PROPERTY LINE OF WILLIAM K.
PHILLIPS AND EDWARD THURMAN AND RUNNING IN A GENERAL WESTERLY
DIRECTION ALONG THE PHILLIPS LINE TO THE CENTER OF A BRANCH
APPROXIMATELY 196 FT. MORE OR LESS, THAN EASTERN ALONG THE BRANCH A
DISTANCE OF 146 FT; THENCE RUNNING IN A PARALLEL LINE TO THE
PHILLIPS PROPERTY BACK TO THE CENTER OF THE DRIVEWAY; THENCE BACK
ALONG THE DRIVEWAY IN A GENERAL NORTHWEST DIRECTION A DISTANCE OF
210 FT. TO THE POINT OF BEGINNING.
THERE IS ALSO CONVEYED WATER RIGHTS TO A SPRING AS CONTAINED IN THAT
CERTAIN DEED OF RECORD IN DEED BOOK 191, PAGE 232 GILMER COUNTY
RECORDS.
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
attorneys fees (notice of intent to collect attorneys fees having
been given).
Said property is commonly known as 53 Cherokee Spring Trail, Cherry
Log, GA 30522 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): Teresa Deyton or
tenant or tenants.
Ditech Financial LLC is the entity or individual designated who shall have
full authority to negotiate, amend and modify all terms of the
mortgage.
Ditech Financial LLC
Loss Mitigation
7360 S. Kyrene Road
Tempe, AZ 85283
1-800-643-0202
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.
Branch Banking and Trust Company as agent and Attorney in Fact for Teresa
Deyton
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.
1317-2600A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
1317-2600A
Aug. 10-31/ 270834
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