NOTICE OF SALE UNDER POWER GEORGIA, WHITFIELD COUNTY By virtue of a Power of Sale contained in that certain Security Deed from KYLE HENRY BURNETTE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR TENNESSEE VALLEY FEDERAL CREDIT UNION, dated June 30, 2015, recorded July 10, 2015, in Deed Book 06202, Page 0008-0023, Whitfield County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Forty-Five Thousand Six Hundred and 00/100 dollars ($145,600.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to QRL Financial Services, a Division of First Federal Bank of Florida, 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 April, 2017, all property described in said Security Deed including but not limited to the following described property: TRACT ONE: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NOS. 56 AND 89, IN THE 27TH DISTRICT AND 3RD SECTION OF WHITFIELD COUNTY, GEORGIA, BEING MORE PARTICULARLY DESCRIBED IN A SURVEY BY MARCUS EUGENE COOK, REGISTERED LAND SURVEYOR, DATED 3/7/96, AND BEING MORE PARTICULARLY DESCRIBED IN ACCORDANCE WITH SAID SURVEY AS FOLLOWS: BEGINNING AT AN IRON PIN LOCATED AT THE SOUTHWEST CORNER OF LAND LOT NO. 56; THENCE RUNNING NORTH 00 DEGREES 39 MINUTES 56 SECONDS WEST, A DISTANCE OF 50.00 FEET TO AN IRON PIN; THENCE RUNNING NORTH 88 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 235.53 FEET TO AN IRON PIN; THENCE RUNNING SOUTH 00 DEGREES 39 MINUTES 56 SECONDS EAST, ALONG THE WEST RIGHT OF WAY OF A 50 FOOT ACCESS EASEMENT, A DISTANCE OF 189.09 FEET; THENCE CONTINUING IN A SOUTHWESTERLY DIRECTION ALONG THE NORTHEAST LINE OF SAID ACCESS EASEMENT, ALONG AN ARC TO THE RIGHT, AN ARC DISTANCE OF 78.54 FEET; THENCE RUNNING SOUTH 89 DEGREES 20 MINUTES 04 SECONDS WEST, ALONG THE NORTH LINE OF SAID ACCESS EASEMENT, A DISTANCE OF 187.20 FEET TO AN IRON PIN; THENCE RUNNING NORTH 00 DEGREES 08 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID LAND LOT NO. 89, A DISTANCE OF 186.12 FEET TO AN IRON PIN AND THE POINT OF BEGINNING. ALSO AN EASEMENT FOR THE PURPOSE OF INGRESS, EGRESS AND THE INSTALLATION OF MAINTENANCE OF UTILITIES, SAID EASEMENT BEING 50 FEET IN WIDTH AND BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN WARRANTY DEED RECORDED IN DEED BOOK 2291, PAGE 303, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WHITFIELD COUNTY, GEORGIA, REFERENCE TO WHICH IS HEREBY MADE AND INCORPORATED HEREIN BY REFERENCE. TRACT TWO: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NO. 89, IN THE 27TH DISTRICT AND 3RD SECTION OF WHITFIELD COUNTY, GEORGIA, BEING MORE PARTICULARLY DESCRIBED PER PLAT OF SURVEY BY DONALD O. BABB, GEORGIA REGISTERED LAND SURVEYOR, DATED 6/28/87, AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LAND LOT NO. 89, IN THE 27TH DISTRICT AND 3RD SECTION OF WHITFIELD COUNTY, GEORGIA; THENCE SOUTH 0 DEGREES 08 MINUTES 54 SECONDS EAST ALONG THE WEST LAND LOT LINE AND LAND LOT NO, 89 (BEING THE DIVIDING LINE BETWEEN WHITFIELD AND CATOOSA COUNTIES) 186.12 FEET TO AN IRON PIN; THENCE CONTINUING SOUTH 0 DEGREES 08 MINUTES 54 SECONDS EAST ALONG THE WEST LAND LOT LINE A DISTANCE OF 50 FEET ACROSS AN ACCESS EASEMENT TO AN IRON PIN AND THE TRUE POINT OF BEGINNING. FROM SAID TRUE POINT OF BEGINNING THENCE NORTH 89 DEGREES 20 MINUTES 04 SECONDS EAST 40.00 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF SAID 50 FOOT ACCESS EASEMENT TO AN IRON PIN; THENCE SOUTH 0 DEGREES 08 MINUTES 54 SECONDS EAST, 60.00 FEET TO AN IRON PIN; THENCE SOUTH 89 DEGREES 20 MINUTES 04 SECONDS WEST, 40.00 FEET TO AN IRON PIN ON THE WEST LAND LOT LINE OF LAND LOT NO 89 BEING THE DIVIDING LINE BETWEEN WHITFIELD AND CATOOSA COUNTIES; THENCE NORTH 0 DEGREES 08 MINUTES 54 SECONDS EAST, A DISTANCE OF 60.00 FEET ALONG THE WEST LAND LOT LINE TO AN IRON PIN AND THE TRUE POINT OF BEGINNING. BEING THE SAME PROPERTY DESCRIBED IN DEED BOOK 5032, PAGE 253 AND IN DEED BOOK 5337, PAGE 335, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WHITFIELD COUNTY, GEORGIA. SUBJECT TO ANY COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS AND EASEMENTS OF RECORD. SUBJECT TO ANY GOVERNMENT ZONING AND SUBDIVISION ORDINANCE OR REGULATIONS IN EFFECT THEREON. SUBJECT TO JOINT MAINTENANCE AGREEMENT RECORDED IN DEED BOOK 2711, PAGE 83, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WHITFIELD COUNTY, GEORGIA. Said legal description being controlling, however the property is more commonly known as 362 CODY WAY, TUNNEL HILL, GA 30755. 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 KYLE HENRY BURNETTE, 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. Please note that, pursuant to O.C.G.A. § 44-14-162.2, you are not entitled by law to an amendment or modification of the terms of your loan. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: LoanCare, LLC, Loss Mitigation Dept., 3637 Sentara Way, Virginia Beach, VA 23452, Telephone Number: 800-909-9525. QRL FINANCIAL SERVICES, A DIVISION OF FIRST FEDERAL BANK OF FLORIDA as Attorney in Fact for KYLE HENRY BURNETTE 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. LNC-17-00222-1 Ad Run Dates 03/10/2017, 03/17/2017, 03/24/2017, 03/31/2017 www.rubinlublin.com/property-listings.phpc
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