NOTICE OF SALE UNDER POWER, WHITFIELD COUNTY Pursuant to the Power of Sale contained in a Security Deed given by James Austin Davenport to Mortgage Electronic Registration Systems Inc. as nominee for Hancock Mortgage Partners LLC dated 11/7/2014 and recorded in Deed Book 6106 Page 213 Whitfield County, Georgia records; as last transferred to or acquired by U.S. BANK NATIONAL ASSOCIATION, conveying the after-described property to secure a Note in the original principal amount of $ 76,530.00, 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 (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on June 07, 2016 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: All that tract or parcel of land lying and being in Land Lot No. 308 in the 11th District and 3rd Section of Whitfield County, Georgia, and being Lot No. 10 of the Gulledge Estates, as shown per plat as recorded in Plat Book 4, page 118, in the Office of the Clerk of the Superior Court of Whitfield County, Georgia, and being more particularly described as follows: BEGINNING at a point on the south side of Dalton-Beaverdale Road, where a public road intersects with the Dalton-Beaverdale Road; thence from said point of beginning east along the south right of way of the Dalton-Beaverdale Road 435.4 feet to a point; thence South 596.6 feet to a point; thence North 89 degrees 23 minutes West 122.8 feet to a point; thence North 31 degrees 15 minutes West 576.7 feet to the point of beginning. LESS AND EXCEPT: That portion of the above-described property conveyed from Ruth B. Hedden to Harrison A. Kilpatrick and Deborah Kilpatrick by Warranty Deed dated August 1, 1986 and recorded in Deed Book 944, page 202, aforesaid records. 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 the Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). Said property is commonly known as 2248 McCamish Road NE, , Dalton, GA 30721 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): James Austin Davenport or tenant or tenants. U.S. BANK NATIONAL ASSOCIATION is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. U.S. BANK NATIONAL ASSOCIATION 4801 Frederica Street Owensboro, KY 42301 1-855-698-7627 Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. 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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 non-judicial 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 immediately above. U.S. BANK NATIONAL ASSOCIATION as agent and Attorney in Fact for James Austin Davenport Aldridge Pite, LLP (formerly known as Aldridge Connors, LLP), 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400. 1292-170A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1292-170A 05/13 05/20 05/27 06/03
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