Notice of Sale Under Power Georgia, Whitfield County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Hugh Black and Vicki Black to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Encore Credit Corp., dated August 27, 2005, and recorded in Deed Book 4801, Page 66, Whitfield County, Georgia records, as last transferred to Deutsche Bank National Trust Company, as Trustee for the Encore Credit Receivables Trust 2005-4 by Assignment filed of record in Deed Book 5706, Page 266, Whitfield County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $104,975.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Whitfield County, Georgia, within the legal hours of sale on the first Tuesday in September, 2017, to wit: September 5, 2017, the following described property: All that tract or parcel of land lying and being in Land Lot 221 in the 12th District and 3rd Section of Whitfield County, Georgia being designated as Lot 66 and a part of Lot 65 of Westerly Heights Subdivision, Plat 1, and being more particularly described according to a plat of survey prepared for Hugh A. Black and Vicki L. Black by Joseph R. Evans, Georgia Registered Land Surveyor No. 2168, dated December 3, 1993, recorded in Plat Cabinet C, Slide 1016, Whitfield County, Georgia Land Records, reference to which plat is hereby made and incorporated herein by reference, and being more particularly described according to said survey as follows: Beginning at an iron pin located in the northerly right of way line of Vernon Drive (50-foot right of way), said point being located in an easterly direction as measured along said right of way line a distance of 177 feet from the intersection of said right of way line with the east right of way line of Kenemer Circle; thence running north a distance of 208.6 feet to an iron pin located in the south right of way of Vanderbilt Drive (50-foot right of way); thence running north 78 degrees 21 minutes east as measured along the southerly right of way line of Vanderbilt Drive a distance of 111.10 feet to an iron pin; thence running south 00 degrees 18 minutes east a distance of 231.02 feet to an iron pin located in the north right of way line of Vernon Drive; thence running west a distance of 110 feet as measured along the northerly right of way line of Vernon Drive to an iron pin, which marks the point of beginning. Parcel No. 12-221-01-037 The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. 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 the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property is commonly known as 1213 Vanderbilt Drive, Dalton, GA 30720, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Hugh Black and Vicki Patterson Black aka Vicki Black or tenant or tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) 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. Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Select Portfolio Servicing, Inc. Attention: Loss Mitigation Department 3217 S. Decker Lake Drive Salt Lake City, Utah 84119 1-888-818-6032 The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being Deutsche Bank National Trust Company, as Trustee for the Encore Credit Receivables Trust 2005-4 as attorney in fact for Hugh Black and Vicki Black Richard B. Maner, P.C. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FC12-28 08/11 08/18 08/25 09/01
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