STATE OF GEORGIA COUNTY of WHITFIELD NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from ELIZABETH M. MASON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PHH MORTGAGE CORPORATION D/B/A CENTURY 21 MORTGAGE dated July 25, 2007, filed for record July 31, 2007, and recorded in Deed Book 5052, Page 130, WHITFIELD County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 6107, Page 65, WHITFIELD County, Georgia Records, as last transferred to PINGORA LOAN SERVICING, LLC by assignment recorded in Deed Book 6423, Page 188, WHITFIELD County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated July 25, 2007 in the original principal sum of SEVENTY FOUR THOUSAND NINE HUNDRED SEVEN AND 0/100 DOLLARS ($74,907.00), with interest from 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 door at WHITFIELD County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in May, 2017, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NO. 134 IN THE 11TH DISTRICT AND 3RD SECTION OF WHITFIELD COUNTY, GEORGIA, AND BEING DESIGNATED AS LOT NO. 6 OF CRYSTAL SPRINGS SUBDIVISION, AS SHOWN ON PLAT OF SAID SUBDIVISION PREPARED BY N. B. DELOACH, REGISTERED LAND SURVEYOR, DATED JULY 14, 1995 AND RECORDED IN PLAT CABINET C SLIDE 1254, WHITFIELD COUNTY, GEORGIA LAND RECORDS, REFERENCE TO WHICH PLAT IS HEREBY MADE AND INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE DESCRIPTION. TOGETHER WITH THAT CERTAIN EASEMENT FROM GEORGIA LAND FINANCE, INC. TO TONYA D. CASH AS RECORDED IN DEED BOOK 5052 PAGE 121, WHITFIELD COUNTY, GEORGIA LAND RECORDS. LESS AND EXCEPT THE PROPERTY CONVEYED TO GEORGIA LAND FINANCE IN THAT CERTAIN QUIT CLAIM DEED DATED JULY 25, 2007 AND RECORDED IN DEED BOOK 5052 PAGE 123, WHITFIELD COUNTY, GEORGIA LAND RECORDS. FOR PRIOR TITLE, SEE DEED BOOK 2658 PAGE 303 (RE-RECORDED IN DEED BOOK 2669 PAGE 30), WHITFIELD COUNTY, GEORGIA LAND RECORDS. To the best of the knowledge and belief of the undersigned, the party in possession of the property is ELIZABETH M. MASON A/K/A ELIZABETH MARIE PENN or a tenant or tenants. Said property may more commonly be known as: 281 WHEELER DAM RD, COHUTTA, GA 30710. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys fees (notice of intent to collect attorneys fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is PHH MORTGAGE CORPORATION, 1 MORTGAGE WAY, MT LAUREL, NJ 08054; (800) 750-2518. Said property will be sold subject to 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, 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. 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. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial 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 in the preceding paragraph. PINGORA LOAN SERVICING, LLC As Attorney-in-Fact for ELIZABETH M. MASON A/K/A ELIZABETH MARIE PENN Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 31496 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. 04/07 04/14 04/21 04/28
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