NOTICE OF SALE UNDER POWER GEORGIA, WHITE COUNTY
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt from Ricky L. Catron (the "Grantor") to Launa C. Mitchell (the "Grantee"), dated May 9, 2017, filed and recorded May 18, 2017, in Deed Book 1641, Page 241, White County, Georgia Records (the "Security Deed") conveying the after-described property to secure that certain Promissory Note dated May 9, 2019 from Grantor payable to Grantee in the original principal amount of Thirty Nine Thousand Nine Hundred and No/100 Dollars ($39,900.00), with interest thereon as set forth therein (the "Note"), there will be sold at public outcry to the highest bidder for cash before the courthouse door of White County, Georgia, within the legal hours of sale on the first Tuesday in November, 2019, the following described property:
All that tract or parcel of land lying an being in Land Lot 4 of the 4th Land District of White County, Georgia and being designated as Lot 131A of Mountain Shadows Resort, as shown on Plat of Survey recorded in the White County, Georgia records in Plat Book 13, Page 17, reference to said plat is being made for a more full and complete description.
Subject to existing restrictions, easements and rights of way for public roads and highways and public utilities, if any, extending into, through, over, or across the above described property.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable 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. 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 the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, easements against the property, if any, and subject to any unpaid water and waste bills that constitute liens against the property, whether due and payable or not yet due and payable. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Tammy Irvin, Teresa Wilson and Troy Mitchell, as Co-Executors of the Last Will and Testament of Launa Chambers Mitchell a/k/a Launa C. Mitchell, Deceased ("Lender") reserve the right to sell the property in one parcel or as an entirety, or in such parcels as Lender may elect, as permitted in the Security Deed.
The following information is being provided in accordance with O.C.G.A. 44-14-162.2. Lender is the secured creditor under the Security Deed and loan being foreclosed. The following person shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated Note on behalf of the secured creditor: Teresa Wilson, 5390 Waterport Drive, Loganville, Georgia 30052; (404) 444-1452. O.C.G.A. 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument." To the best of the undersigned's knowledge and belief, the property is known as: 1179 Mountain Shadows Drive, Cleveland, Georgia 30528, and the party in possession of the property is Ricky L. Catron, Cynthia Anthony Timms and John Edwards Timms, or their tenant or tenants.
Tammy Irvin, Teresa Wilson and Troy Mitchell, as Co-Executors of the Last Will and Testament of Launa Chambers Mitchell a/k/a Launa C. Mitchell, Deceased, as Attorney-in-Fact for Ricky L. Catron
Thompson, O'Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Peachtree Corners, Georgia 30092(770) 925-0111
This is notice that we are attempting to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector.