State of Georgia County of Whitfield Notice of Sale Under Power By virtue of the power of sale contained in certain Deed to Secure Debt from Orlando & Rosalinda Pineda to the Peoples Loan and Finance Corporation dated September 16, 2011, and recorded in Book 5645, Page 59 in Whitfield County Records (the foregoing deeds to secure debt, as may have from time to time been or may be assigned, assumed, modified, amended, or amended and restated is hereinafter referred to Deed to Secure Debt), said Deed to Secure Debt securing a Promissory Note (Note) in the sum of $33,575.92, with interest from said 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 at Whitfield County, Georgia, within the legal hours of sale on Tuesday, January 3, 2017, the property described on Exhibit A attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt has been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys fees. 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, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above. To the best knowledge and belief of the undersigned, the Party in possession of the property is Orlando & Rosalinda Pineda or tenants and said property is more commonly known as 505 Brookside Drive, Dalton, Ga. However, please rely only on the legal description contained in this notice for the location of the property. Peoples Loan and Finance Corporation Attorney in fact for Orlando & Rosalinda Pineda Samuel J. Gowin, Esq. 707 Georgia Ave., Ste. 300 Chattanooga, TN 37402 (423) 266-3131 This law firm may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Exhibit A - Legal Description All that tract or parcel of land situate, lying and being in Land Lot 31 in the 13th District and 3rd Section of Whitfield County, Georgia, being known and designated as Lot No. 62 of Brookshire Subdivision, Phase 1, as per plat of said subdivision recorded in Plat Cabinet C, Slide 437, in the Office of the Clerk of the Superior Court of Whitfield County, Georgia, reference to which plat is hereby made for a more particular description of said property. 12/09 12/16 12/23 12/30
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