NOTICE OF SALE UNDER POWER
GEORGIA, LUMPKIN COUNTY
Under and by virtue of the Power of Sale contained in that certain Security Deed and Agreement from Sammy P. Cuadra and Alina Santana (collectively Grantor) to Bank of The Ozarks successor by merger with Community & Southern Bank, as successor in interest to Appalachian Community Bank, by virtue of Assignment from the FDIC, as Receiver for Appalachian Community Bank (Grantee), dated March 30, 2007 filed and recorded April 2, 2007 in Deed Book 1035, Page 88, Lumpkin County Georgia Records, as modified by that certain Modification Agreement, dated May 2, 2013, filed and recorded June 5, 2013 in Deed Book 1248, Page 678, aforesaid records, and as modified by that certain Modification Agreement, dated April 22, 2016, filed and recorded May 5, 2016 in Deed Book 1324, Page 568, aforesaid records (as modified, the Security Deed), conveying the after-described property to secure that certain Change in Terms Agreement dated April 22, 2016, payable to Grantee in the original principal amount of Sixteen Thousand Six Hundred Fifty-Six and 84/100 Dollars ($16,656.84), with interest thereon as set forth therein (as renewed and amended, the Note), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lumpkin County, Georgia, within the legal hours of sale on the first Tuesday in December, 2017, the following described property:
All that tract or parcel of land lying and being in Land Lot 119 of the 11th District, originally Hall, now Lumpkin County, Georgia, and being Lot 21, Gold Cove Subdivision, Phase I, as per plat recorded in Plat Book 28, Page 154, Lumpkin County, Georgia, Records, which plat is incorporated herein and made a part hereof by reference.
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.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee 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. Bank of The Ozarks successor by merger with Community & Southern Bank, as successor in interest to Appalachian Community Bank, by virtue of Assignment from the FDIC, as Receiver for Appalachian Community Bank is the secured creditor under the Security Deed and loan as herein referenced. The following entity 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: Bank of The Ozarks, Attn: Foreclosures, 6639 Hwy 53 East, Dawsonville, Georgia (706) 344-3117. 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 Lot 21 Gold Cove Subdivision, Dahlonega, Lumpkin County, GA 30533; and the parties in possession of the property are Sammy P. Cuadra and Alina Santana, or their tenant or tenants.
Bank of The Ozarks successor by merger with Community & Southern Bank, as successor in interest to Appalachian Community Bank, by virtue of Assignment from the FDIC, as Receiver for Appalachian Community Bank, as Attorney-in-Fact for Sammy P. Cuadra and Alina Santana
Thompson, O'Brien, Kemp
& Nasuti, P.C.
40 Technology Parkway South,
Norcross, Georgia 30092
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.
11/08. 11/15, 11/22, 11/29/17