STATE OF GEORGIA
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from David F. Loney and Patsy Wiley to Margot E. Bray (Original Lender), dated March 23, 2016, filed for record March 30, 2016, and recorded in Deed Book 1594, Pages 555-58, White County, Georgia Records, said Deed to Secure Debt having been given to secure a Note dated March 23, 2016, in the original principal sum of Sixty Eight Thousand Dollars ($68,000.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at White County, Georgia, within the legal hours of sale on the first Tuesday in May, 2017, the property described on Exhibit "A" attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees.
The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: LD Dingman, 32 Mossy Trail, Cleveland, Georgia 30528, (706) 219-1624. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
Said property will be sold as the property of David F. Loney and Patsy Wiley, subject to: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
The sale will be conducted subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, and also subject to the provisions of O.C.G.A. 9-13-172.1 which permits the rescission of judicial and nonjudicial sales in the State of Georgia in limited circumstances.
Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is: David F. Loney and Patsy Wiley or tenant or tenants and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
LD Dingman, Attorney-in-Fact for
David F. Loney and Patsy
Christopher A. Jones
Christopher A. Jones, LLC
9 East Jarrard Street
P.O. Box 1250
Phone: (706) 865-1829
All that tract or parcel of land lying and being in Land Lot 41 of the 2nd Land District of White County, Georgia, and being all of Lot 4 of Mossy Trails Subdivision, containing 0.54 acres, more or less, as shown on the subdivision plat of survey prepared by Eddie Hood, County Surveyor, White County, Georgia, dated August 25, 1997, and recorded in Plat Book 39, Page 181, Office of the Clerk of Superior Court, White County, Georgia. Said plat and the record thereof is incorporated herein by reference for a more complete description.
Also conveyed is the non-exclusive and unobstructed right of ingress and egress over, across and through the subdivision roadways shown on the above-referenced plat.
Also conveyed is a 2001 Chandeleur mobile home with VIN CH2AL09113A and VIN CH2AL09113B, which is permanently affixed to the above-described realty.
Said property is subject to all easements, covenants and restrictions of record, if any.