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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 Charles A Gregory and Nancy C Gregory to Lendmark Financial Services, Inc., dated December 21, 2004, recorded in Deed Book 613, Page 367, Fannin County, Georgia Records and as modified by that certain Loan Modification Agreement recorded in Deed Book 981, Page 792, Fannin County, Georgia Records, as last transferred to Branch Banking and Trust Company by assignment recorded in Deed Book 1200, Page 703, Fannin County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED EIGHT THOUSAND TWO HUNDRED FIFTY AND 0/100 DOLLARS ($208,250.00), 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, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in May, 2017, 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. Branch Banking and Trust Company 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: Ditech Financial LLC, 7360 S. Kyrene Rd., Tempe, AZ 85284 800-692-8469. To the best knowledge and belief of the undersigned, the party in possession of the property is Nancy C Gregory or a tenant or tenants and said property is more commonly known as 404 Jolley Way, Epworth, Georgia 30541. 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. Branch Banking and Trust Company as Attorney in Fact for Charles A Gregory and Nancy C Gregory McCalla Raymer Leibert 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 Land Lot Nos. 240 and 241 of the 9th District and 2nd Section of Fannin County, Georgia and being more particularly known and designated as Lot 1, containing 0.9 acres, more or less, as shown by that certain plat recorded in Plat Book 17, Page 46, Fannin County, Georgia Records dated August 8, 1986 (said plat being incorporated herein and made a part hereof for a more complete and accurate metes and bounds description of said property.) Subject to existing easements and rights of ways for public roads, if any. Also subject to Fannin County, Georgia Subdivision regulations, Mobile Home regulation and any zoning or other ordinances, if any. This conveyance made together with rights of ingress, egress and utility service along existing roads to the subject property. THIS BEING THAT SAME PROPERTY CONVEYED UNTO Nancy C. Hogan by Quitclaim Deed from Terry Kenneth Hogan, dated November 12, 2004 recorded on 12-30-04, in Deed Book 613, Page 365, in the Office of the Clerk of Superior Court, Fannin County, Georgia. G3-2392A MR/mtj 5/2/17 Our file no. 5363116 - FT2 April 5-26 #328464
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