Notice Content
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 Carolyn J. Debaldo to Washington Mutual Bank, FA, dated 01/22/2008, recorded in Deed Book 828, Page 146, Fannin County, Georgia records, as last transferred to Ocwen Loan Servicing, LLC 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 Ninety-Two Thousand and 00/100 DOLLARS ($92,000.00), 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 June 2015, the following described property:
All that tract or parcel of land lying and being in the 8th District, 2nd Section, Land Lot 275 of Fannin County, Georgia, containing 0.21 acre, more or less, and being shown as Lot 47 of Lake Forest Trail Subdivision on a plat of survey by Lane S. Bishop and Associates, Lane S. Bishop, G.R.L.S. No. 1575, dated June 16, 1994, and recorded in Fannin County Records in Plat Book 28, Page 168. Said plat is incorporated herein, by reference hereto, for a full and complete description of the above described property.
Being and intended to be the same property conveyed by Warranty Deed dated September 13, 1996, from James M. Ferrell and Dianne C. Ferrell in favor of Vada J. DeBaldo, Trustee UTD 10/16/06 FBO Same, and recorded in Fannin County Records in Deed Book 252, Pages 185-86.
Being and intended to be the same property conveyed by Warranty Deed dated June 30, 1998, from Vada J. DeBaldo, Trustee U/T/D 10/16/96 FBO Same, in favor of Carolyn J. DeBaldo and recorded in Fannin County Records in Deed Book 295, Page 552.
Subject to all easements, restrictions and rights-of-way as shown on plat recorded in Fannin County Records in Plat Book 6, Page 195; Plat Book 8, Page 220; Plat Book 12, Page 159; Plat Book 13, Page 1; Plat Book 13, Page 242; and Plat Book 28, Page 168.
Subject to Electric Line Right-of-Way Easement to Tri-State Electric Memb. Corp. recorded in Fannin County Records in Deed Book 82, Page 650.
Subject to the following Restrictive Covenants as shown in Warranty Deed recorded in Fannin County Records in Deed Book 105, Page 575: 1. Septic tank and drain field will be used for sewage disposal. 2. Mobile homes and concrete block construction is prohibited except that concrete blocks may be used in foundations and chimneys. 3. A power line with the essential clearing may be installed along the road which traverses the above described property.
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 Carolyn Debaldo or a tenant or tenants and said property is more commonly known as 47 Tree Top Rd, Blue Ridge, GA 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.
Ocwen Loan Servicing, LLC as Attorney in Fact for Carolyn Debaldo.
Weissman, Nowack, Curry, & Wilco P.C. Attn: Lender Services One Alliance Center, 4th Floor 3500 Lenox Road Atlanta, GA 30326 Our File# 017237-003359
May 6-27
#162433
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