NOTICE OF SALE UNDER POWER GEORGIA, WHITFIELD COUNTY THIS IS AN ATTEMPT 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 Kristin Michael Barton to Mortgage Electronic Registration Systems, Inc. as nominee for Branch Banking and Trust Company, its successors and assigns, dated January 23, 2014, recorded in Deed Book 6001, Page 20, Whitfield County, Georgia Records, as last transferred to Branch Banking and Trust Company by assignment, recorded in Deed Book 6430, Page 289, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINE THOUSAND SEVEN HUNDRED THIRTY-SIX AND 0/100 DOLLARS ($109,736.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash in the ground floor atrium area within the courthouse of Whitfield County, Georgia within the legal hours of sale on the first Tuesday in January, 2017, 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. Branch Banking and Trust 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: Branch Banking & Trust Company, 301 College Street , PVN #101729, Greenville, SC 29601 800-827-3722. To the best knowledge and belief of the undersigned, the party in possession of the property is Kristin Michael Barton or a tenant or tenants and said property is more commonly known as 1965 Oxford Ct Unit 3, Dalton, Georgia 30721. 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. Branch Banking and Trust Company as Attorney in Fact for Kristin Michael Barton McCalla Raymer Pierce, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net EXHIBIT A The certain condominium unit in Land Lot No. 120 in the 12th District and 3rd Section of Whitfield County, and being identified and depicted as Condominium Unit No. 3 , Building No. 1 of Oxford Court, on a plat dated June 1, 2004, recorded in Plat Cabinet C, Slide 3105, Whitfield County, Georgia records, together with its appurtenant percentage of undivided interest in the common elements provided in that certain Declaration of Condominium for Oxford Court, dated May 20, 2004, and recorded in Deed Book 4239, Page 21, as amended in Deed Book 4255, Page 267, Deed Book 4438, Page 87, Deed Book 4547, Page 18, and Deed Book 4577, Page 137, Whitfield County records; or as hereafter amended as therein provided. MR/jgn 1/3/17 Our file no. 5417216 - FT1 12/09 12/16 12/23 12/30
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