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 Maria Gutierrez to Mortgage Electronic Registration Systems, Inc. as nominee for Wachovia Mortgage Corporation, its successor and assigns, dated February 16, 2005, recorded in Deed Book 4440, Page 239, Whitfield County, Georgia Records, as last transferred to Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-2 by assignment recorded in Deed Book 6352, Page 107, Whitfield County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-THREE THOUSAND AND 0/100 DOLLARS ($133,000.00), 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 September, 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. Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-2 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: Fay Servicing, LLC, 440 S Lasalle St, Suite 2000, Chicago, IL 60605 800-495-7166. To the best knowledge and belief of the undersigned, the party in possession of the property is Maria Gutierrez or a tenant or tenants and said property is more commonly known as 321 Mercer Drive NW, 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. Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-2 as Attorney in Fact for Maria Gutierrez McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net EXHIBIT “A” All that tract or parcel of land lying and being in Land Lots 278 & 279 in the 11th District and 3rd Section of Whitfield County, Georgia and being Lot 5 of Lexington Place Subdivision, as shown on plat of said subdivision by Donald O. Babb GRLS dated June 4, 1998 and recorded in Plat Cabinet C, Slide 1723, Whitfield County, Georgia Records, to which reference is herein made for a more full and complete description. MR/th4 9/5/17 Our file no. 593116 - FT18
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