Harvey Bishop 11 08 12
STATE OF GEORGIA
COUNTY OF CHATTOOGA
NOTICE OF SALE UNDER POWER
IN DEED TO SECURE DEBT
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Harvey Bishop, III and Gwendolyn J. Bishop to Suntrust Mortgage, Inc. in the original principal amount of $220,000.00 dated 10/16/2006, and recorded in Deed Book 511, page 387, Chattooga County records, said Security Deed being last transferred and assigned to Suntrust Mortgage, Inc. in Deed Book 606, Page 209, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of December, 2012 by SunTrust Mortgage, Inc., as Attorney-in-Fact for Harvey Bishop, III and Gwendolyn J. Bishop the following described property:
Tract 1: All that tract or parcel of land situate, lying and being in Land Lot 3 of the 24th District and 3rd Section of Chattooga County, Georgia, and being more particularly described as follows:
To find the point of beginning commence at the intersection of the northeastern right of way of Haywood Valley Road with the northwestern right of way of Dry Creek Road; thence along the northwestern right of way of Dry Creek Road, North 44 degrees 24 minutes 53 seconds East a distance of 421.13 feet; thence continuing along the northwestern right of way of Dry Creek Road, North 47 degrees 23 minutes 53 seconds East a distance of 104.54 feet; thence continuing along the northwestern right of way of Dry Creek Road, North 36 degrees 05 minutes East a distance of 98.08 feet to the point of beginning; thence from said point of beginning, North 49 degrees 56 minutes 20 seconds West a distance of 630.66 feet to a point on the western Land Lot Line of said Land Lot 3; thence North 2 degrees 00 minutes East, along said Land Lot line, a distance of 210.86 feet; thence South 51 degrees 55 minutes 05 seconds East a distance of 688.50 feet to a point on the northwestern right of way of Dry Creek Road; thence South 17 degrees 46 minutes 33 seconds West along said right of way of Dry Creek Road a distance of 188.53 feet; thence continuing along said right of way South 36 degrees 05 minutes 53 seconds West a distance of 15.39 feet to the point of beginning.
Property known as: 97 Dry Creek Road, Summerville, GA 30747
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
SunTrust Mortgage, Inc. holds the Note and referenced Security Deed and services the loan on behalf of Federal National Mortgage Association, the current owner of your loan. Pursuant to O.C.G.A Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
SunTrust Mortgage, Inc.
1001 Semmes Avenue
Richmond, VA 23224
Pursuant to O.C.G.A. Section 44-14-162.2, nothing contained in this Notice of Sale shall obligate any entity to negotiate, amend, or modify said indebtedness.
To the best of the undersigned's knowledge and belief, the party in possession is Harvey Bishop, III and Gwendolyn J. Bishop.
SunTrust Mortgage, Inc., as Attorney-in-fact for Harvey Bishop, III and Gwendolyn J. Bishop.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone (770) 392-0398
Toll Free (866) 999-7088
Our File No. 12-07617