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gpn11 CN6071 STATE OF GEORGIA COUNTY OF CATOOSA NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated May 21, 2004, executed by Nicole A. Burton and Gregory L. Burton to Lendmark Financial Services, Inc., recorded in Deed Book 1096, Page 55, Catoosa County, Georgia Deed Records, and securing a Note in the original principal amount of $114,817.00, said Security Deed last having been assigned to BRANCH BANKING AND TRUST COMPANY, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2015 to-wit: June 2, 2015, during the legal hours of sale, before the Catoosa County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property: All that tract or parcel of land lying and being in Original land Lot Number 141 in the 27th District and 3rd Section of Catoosa County, Georgia, being known and designated as lot No. 13 of Spring Meadows Subdivision, as shown by plat recorded in Plat Book 16, Page 86-87, in the Office of the Clerk of Superior Court of Catoosa County, Georgia. Being the same property conveyed to Gregory L. Burton and wife, Nicole A. Burton by deed recorded in Book 688, Page 640, in the Office of the Clerk of Superior Court of Catoosa County, Georgia. THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING: Any governmental zoning and subdivision ordinances or regulations in effect thereon. Subject to restrictions of record in Deed Book 606, Page 693, in the Office of the Clerk of Superior Court of Catoosa County, Georgia but omitting any covenant, conditions or restriction, if any, based on race, col or, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of The United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. Subject to Ten (10) foot drainage easement reserved along all side lot lines as shown or specified on recorded plat. Subject to Five (5) foot utility easement along front lot line as shown or specified on recorded plat. Subject to building setback lines of 30 feet on the front and 10 feet on the side as shown by dotted lines on recorded plat. The aforedescribed real property is also known as 55 Windhaven Drive, Ringgold, GA 30736, according to the present system of numbering houses in Catoosa County, Georgia. This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale. The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Green Tree Servicing LLC, Attn: Loss Mitigation, 7360 S. Kyrene Road, Mail Stop P-214, Tempe, AZ 85283. The telephone number is (877) 337-4141. The fax number is (877) 265-9717. Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the extent that said real property is comprised of more than one parcel, said real property will be sold in one or more parcels and in such order as the holder of the Security Deed may determine. Upon information and belief, said real property is presently in the possession or control of NICOLE A. BURTON AND GREGORY L. BURTON and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law. BRANCH BANKING AND TRUST COMPANY as Attorney-in-Fact for NICOLE A. BURTON AND GREGORY L. BURTON Ellis, Painter, Ratterree & Adams LLP 2 East Bryan Street, 10th Floor Savannah, Georgia 31401 (912) 233-9700 THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5-6,13,20,27
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