Notice Content
STATE OF GEORGIA
COUNTY OF Gilmer
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 7, 2007, executed by Jim Melton to Lendmark Financial Services, Inc., recorded in Deed Book 1415, Page 309, Gilmer County, Georgia Deed Records, and securing a Note in the original principal amount of $120,000.00, 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 August, 2015 to-wit: August 4, 2015, during the legal hours of sale, before the Gilmer 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 LAND LOT 307 OF THE 25TH DISTRICT AND 2ND SECTION OF GILMER COUNTY, GEORGIA, AND BEING DESIGNATED AS TRACT 46B, ACCORDING TO A PLAT PREPARED BY GILBERT O. MAULSBY, JR., GRLS NO. 1555 DATED AUGUST 20, 1985 AND RECORDED IN PLAT BOOK 13, PAGE 112, GILMER COUNTY, GEORGIA RECORDS. SAID PLAT IS INCORPORATED HEREIN BY REFERENCE THERETO FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION.
The aforedescribed real property is also known as 603 Sumac Ln, Ellijay, GA 30540, according to the present system of numbering houses in Gilmer 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 Jim Melton 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
JIM MELTON
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.
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