Newsbank Archive
July 25, 2014

gpn11 NOTICE OF SALE UNDER POWER GEORGIA, LUMPKIN COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT

Where:

30533

Description:

gpn11 NOTICE OF SALE UNDER POWER GEORGIA, LUMPKIN COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING 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 Bobby A Whitmire and Sharon G Whitmire to Fifth Third Mortgage Company, dated October 19, 2009, recorded in Deed Book 1145, Page 278, Lumpkin County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-NINE THOUSAND TWO HUNDRED FORTY-THREE AND 0/100 DOLLARS ($189,243.00), 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 Lumpkin County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in August, 2014, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 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. Fifth Third Mortgage Company is the holder of the Security Deed to the property in accordance with OCGA ? 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Fifth Third Bank, 5001 Kingsley Drive, MD 1MOB-BW, Cincinnati, OH 45227, 800-375-1745opt3. To the best knowledge and belief of the undersigned, the party in possession of the property is Bobby A Whitmire and Sharon G Whitmire or a tenant or tenants and said property is more commonly known as 86 Evergreen Court, Dahlonega, Georgia 30533. 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. Fifth Third Mortgage Company as Attorney in Fact for Bobby A Whitmire and Sharon G Whitmire McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/akr 8/5/14 Our file no. 5243214-FT17 EXHIBIT "A" All that tract or parcel of land lying and being in Land Lot 102 of the 11th District, Originally Hall now Lumpkin County, Georgia, consisting of 1.11 acres, more or less, together with all improvements located thereon, and being more particularly set out as Lot 22 of the Pinewood Place Subdivision, Phase 2, on a plat of survey dated April 25, 1996, prepared by Patton & Patton, Inc., Georgia Registered Land Surveyors. This plat is recorded in Plat Book 30, Page 61, Lumpkin County Records, and is incorporated herein by reference for a more detailed description. This property is conveyed subject to that Declaration of Protective and Restrictive Covenants for Pinewood Place as recorded in Deed Book B-14, Pages 153-156, and that Corrective Declaration of Protective and Restrictive Covenants for Pinewood Place as recorded in Deed Book T-16, Pages 202-204, Lumpkin County Records. MR/akr 8/5/14 Our file no. 5243214 - FT17
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