NOTICE OF SALE UNDER POWER GEORGIA, WHITFIELD COUNTY By virtue of a Power of Sale contained in that certain Security Deed from Danny C. Cox to CITIFINANCIAL SERVICES INC., dated March 7, 2006, recorded March 9, 2006, in Deed Book 4712, Page 255-259, Whitfield County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Seventy Thousand Eight Hundred Eighty-Seven and 26/100 dollars ($70,887.26), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to NEW YORK MORTGAGE FUNDING, LLC , there will be sold at public outcry to the highest bidder for cash at the Whitfield County Courthouse, within the legal hours of sale on the first Tuesday in October, 2016, all property described in said Security Deed including but not limited to the following described property: ALL THAT CERTAIN PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF WHITFIELD, STATE OF GA, TO-WIT: A TRACT OR PARCEL OF LAND WHICH IS DESCRIBED AS FOLLOWS: APPROXIMATELY 5.7 ACRES IN LAND LOT 307, 12TH DISTRICT, 3RD SECTION WHITFIELD COUNTY, GEORGIA, BEING A PORTION OF A TRACT AS SHOWN ON A PLAT DRAWN BY R.E. SMITH, REGISTERED SURVEYOR 262, CIVIL ENGINEER 725, DATED JULY 3, 1970, FOR F. PAUL BELK, JR., AND JOHN B. SMITH. MORE PARTICULARLY DESCRIBED AS STARTING AT A POINT 277 FEET NORTH OF A POINT LOCATED ON THE SOUTH LINE OF LAND LOT 307 AND BEARING 1072 FEET WEST OF THE SOUTHEAST CORNER OF LAND LOT 307. THENCE RUNNING NORTH 200 FEET TO A POINT; THENCE WEST 325 FEET TO A POINT; THENCE RUNNING NORTH 425 FEET TO A POINT; THENCE RUNNING 460 FEET EAST TO A POINT; THENCE RUNNING SOUTHEASTERLY 100 FEET ALONG THE SOUTH SIDE OF LAUREL WOODS TRAIL TO A POINT; THENCE 515 FEET SOUTH TO A POINT; THENCE RUNNING WESTERLY 192 FEET, MORE OR LESS ALONG LAUREL WOODS TRAIL TO THE POINT OF BEGINNING. ALSO INCLUDED IS A PERMANENT TWENTY FOOT EASEMENT ALONG LAUREL WOODS TRAIL TO DUG GAP MOUNTAIN ROAD. TAX MAP REFERENCE: 12-307-02-006 BEING THAT PARCEL OF LAND CONVEYED TO. DONNIE COX FROM KITTY FELKER AND FORT FELKER, JR. BY THAT DEED DATED 05/02/1972 AND RECORDED 05/03/1972 IN DEED BOOK 294, AT PAGE 308 OF THE WHITFIELD COUNTY, GA PUBLIC REGISTRY. BEING THAT PARCEL OF LAND CONVEYED TO SUE ANN COX FROM DONNIE COX BY THAT DEED DATED 03/11/1981 AND RECORDED 03/13/1981 IN DEED BOOK 666, AT PAGE 167 OF THE WHITFIELD COUNTY, GA PUBLIC REGISTRY. BEING THAT PARCEL OF LAND CONVEYED TO DONNIE COX AND SUE ANN COX, A JOINT UNDIVIDED INTEREST FROM SUE ANN COX BY THAT DEED DATED 06/1981 AND RECORDED 06/26/1981 IN DEED BOOK 679, AT PAGE 146 OF THE WHITFIELD COUNTY, GA PUBLIC REGISTRY. PURSUANT TO A COURT ORDER DATED 10/29/1984, CASE # 30,927, TITLE TO THE ABOVE-DESCRIBED PROPERTY IS VESTED IN DONNIE LAMAR COX, NOTE: DONNIE LAMAR COX, DECEASED, DATE OF DEATH 07/16/1992. NOTE: CHRISTOPHER COX, DECEASED, DATE OF DEATH 09/03/1999. BEING THAT PARCEL OF LAND CONVEYED TO DANNY C. COX FROM DONNA COX, MIKE COX, TYSON COX, TYSON COX AS ADMINISTRATOR OF THE ESTATE OF CHRISTOPHER COX, DONNA COX AS GUARDIAN FOR CATHERINE COX, A MINOR BEING ALL THE HEIRS AT LAW OF DONNIE LAMAR COX, DECEASED BY THAT DEED DATED 07/02/2001 AND RECORDED 01/04/2002 IN DEED BOOK 3604, AT PAGE 211 OF THE WHITFIELD COUNTY, GA PUBLIC REGISTRY. BEING THAT PARCEL OF LAND CONVEYED TO DANNY C. COX FROM DANNY COX AS ADMINISTRATOR OF THE ESTATE OF DONNIE LAMAR COX, DECEASED BY THAT DEED DATED 07/02/2001 AND RECORDED 12/30/2001 IN DEED BOOK 3581, AT PAGE 32 OF THE WHITFIELD COUNTY, GA PUBLIC REGISTRY. RE-RECORDED 01/04/2002 IN BOOK 3604, AT PAGE 238. RE-RECORDED TO ADD LEGAL Said legal description being controlling, however the property is more commonly known as 2243 LAUREL WOODS TRAIL, ROCKY FACE, GA 30740. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold on an as-is basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is Danny C. Cox, or tenants(s). 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. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: BSI Financial Services, Loss Mitigation Dept., 400 East Royal Lane, Suite 290, Irving, TX 75039, Telephone Number: 800-327-7861. NEW YORK MORTGAGE FUNDING, LLC as Attorney in Fact for DANNY C. COX THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lublin, LLC, 3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071 Telephone Number: (877) 813-0992 Case No. BSI-16-03838-1 Ad Run Dates 09/09/2016, 09/16/2016, 09/23/2016, 09/30/2016 www.rubinlublin.com/property-listings.phpc
