STATE OF GEORGIA COUNTY OF WHITFIELD NOTICE OF SALE UNDER POWER Because of a default under the terms of the Security Deed executed by Oscar V. Perez Ivonne Perez to Union Planters Bank, NA d/b/a Regions Mortgage dated December 23, 2004, and recorded in Deed Book 4412, Page 280, Whitfield County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Ditech Financial LLC by Assignment, securing a Note in the original principal amount of $118,146.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, April 5, 2016, during the legal hours of sale, at the usual place for conducting public sales in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that tract or parcel of land lying and being in Land Lot Nos 274 and 275 in the 12TH District and 3RD Section of WHITFIELD County, Georgia, and being designated as Lot No 10 of SOUTHBROOK VILLAGE, PHASE 1, and being more particularly described according to a plat of survey of said subdivision prepared by Joseph R. Evans, Georgia Registered Land Surveyor, dated 3/20/04, recorded in Plat Cabinet C, Slide 3057-3058, in the Office of the Clerk of the Superior Court of WHITFIELD County, Georgia, to which reference said plat is herein made for a more full and complete description of said property. Said property is known as 819 Silverwood Drive, Dalton, GA 30720, together with all fixtures and personal property attached to and constituting a part of said property, if any. 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 proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law. 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 secured creditor. The property is or may be in the possession of Oscar V. Perez and Ivonne Perez, successor in interest or tenant(s). Ditech Financial LLC F/K/A Green Tree Servicing LLC as Attorney-in-Fact for Oscar V. Perez Ivonne Perez File no. 16-058268 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 770-220-2535/SJ shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 03/11, 03/18, 03/25, 04/01, 2016 [FC-NOS]
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