About The times. (Gainesville, Ga.) 1972-current | View Entire Issue (Jan. 2, 2020)
CLASSIFIED ADVERTISING 770-535-1199 www.gainesvilletimes.com The Times, Gainesville, Georgia Thursday, January 2,2020 File no. 18-069223 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 211 Perimeter Center Parkway, N.E., Suite 300 Atlanta, GA 30346 770-220-2535/KMM shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 87415 12/5, 12, 19, 26, 1/2 (HUDSON) Notice of Sale Under Power. State of Georgia, County of HALL. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by MICHAEL HUDSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR FIRST RESIDENTIAL MORTGAGE, ITS SUCCESSORS AND ASSIGNS , dated 09/28/2005, and Recorded on 10/10/2005 as Book No. 5467 and Page No. 639 644, HALL County, Georgia records, as last assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK SUCCESSOR INDENTURE TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS INDENTURE TRUSTEE ON BEHALF OF THE NOTEHOLDERS OF THE CWHEQ INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2005 L (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $130,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the HALL COUNTY BOARD OF COMMISSIONERS MEETING ROOM ON THE 2ND FLOOR OFTHE HALL COUNTY GOVERNMENT CENTER LOCATED AT 2875 BROWNS BRIDGE ROAD within the legal hours of sale on the first Tuesday in January, 2020, the following described property: THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE COUNTY OF HALL IN THE STATE OF GEORGIA TO WIT: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN GMD 1270, HALL COUNTY, GEORGIA, DESIGNATED AS LOT 93, THE FALLS SUBDIVISION, PHASE I, AS PER PLAT RECORDED IN PLAT SLIDE 402, PAGE 102A, HALL COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY REFERRED TO AND MADE A PART OF THIS DESCRIPTION. TOGETHER WITH A ONE NINETY SIXTH (1/96"') UNDIVIDED INTEREST PER LOT IN THOSE AREAS SHOWN AS "OPEN SPACE" ON THE FALLS SUBDIVISION PLAT AS ABOVE REFERENCED. BEING THE SAME PROPERTY CONVEYED TO MICHAEL DENNIS HUDSON, BYQUITCLAIM DEED DATED SEPTEMBER 13, 2005, OF RECORD IN THE HALL COUNTY, GEORGIA RECORDS. AND ALSO PREVIOUSLY CONVEYED TO MICHAEL HUDSON AND JOY HUDSON, BY WARRANTY DEED DATED SEPTEMBER 17, 2002, OF RECORD IN DEED BOOK 04339, PAGE 00224, IN THE OFFICE AFORESAID. BEING THE SAME PROPERTY COMMONLY KNOWN AS: 5216 KEYSTONE COURT, FLOWERY BRANCH, GEORGIA 30542 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. Because the debt remains 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). THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK SUCCESSOR INDENTURE TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS INDENTURE TRUSTEE ON BEHALF OF THE NOTEHOLDERS OF THE CWHEQ INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2005 L holds the duly endorsed Note and is the current assignee of the Security Deed to the property. BANK OF AMERICA, N. A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, acting on behalf of and, as necessary, in consultation with THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK SUCCESSOR INDENTURE TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS INDENTURE TRUSTEE ON BEHALF OF THE NOTEHOLDERS OF THE CWHEQ INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2005 L (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O. C.G.A. § 44 14 162.2, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP may be contacted at: BANK OF AMERICA, N. A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, 7105 CORPORATE DRIVE, PLANO, TX 75024, 800 669 6650. Please note that, pursuant to O. C.G.A. § 44 14 162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 5216 KEYSTONE COURT, FLOWERY BRANCH, GEORGIA 30542 is/ are: MICHAEL HUDSON or tenant/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; 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 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. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK SUCCESSOR INDENTURE TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS INDENTURE TRUSTEE ON BEHALF OF THE NOTEHOLDERS OF THE CWHEQ INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2005 L as Attorney in Fact for MICHAEL HUDSON. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000008638363 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398. (JOHNSON) STATE OF GEORGIA COUNTY OF Hall NOTICE OF SALE UNDER POWER Pursuant to the power of sale contained in the Security Deed executed by THOMAS JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORP, its successors and assigns, in the original principal amount of $105,000.00 dated June 20, 2003 and recorded in Deed Book 4629, Page 619, Hall County records, said Security Deed being last transferred to NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, the undersigned will sell at public outcry to the highest bidder for cash, before the Courthouse door in said County, or at such other place as lawfully designated, within the legal hours of sale, on January 07, 2020, the property in said Security Deed and described as follows: ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH IMPROVEMENTS THEREON, LYING AND BEING IN LAND LOT 115 OF THE 10TH LAND DISTRICT OF HALL COUNTY, GEORGIA, AND BEING MORE FULLY SHOWN ON A PLAT PREPARED FOR T.H. MOENCH BY. WILLIAM H. COLLINS, GA. REG. SUR. NO. 1435, ON AUGUST 14,1969, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE NORTHERLY SIDE OF THE RIGHT- OF-WAY OF COCHRAN ROAD, SAID IRON PIN BEING LOCATED 1619.5 FEET NORTHEAST OF THE CENTERLINE OF STATE ROUTE #60, AND RUNNING THENCE NORTH 8° 41'WEST 92.1 FEET TO AN IRON PIN; THENCE NORTH 12° 23' EAST 89.7 FEET TO AN IRON PIN; THENCE NORTH 72° 08' EAST 92.0 FEET TO AN IRON PIN; THENCE SOUTH 1° 06' EAST 179.8 FEET TO AN IRON PIN ON THE SAID RIGHT-OF-WAY OF COCHRAN ROAD; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 74° 13'WEST 100.0 FEET TO THE BEGINNING IRON PIN CORNER. Said property being known as: 3627 COCHRAN RD, GAINESVILLE, GA 30506 To the best of the undersigned's knowledge, the party or parties in possession of said property is/are THOMAS JOHNSON or tenant(s). The debt secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as provided for in the Note and said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property will be sold subject to the following: (1) any outstanding ad valorem taxes (including taxes which are a lien, whether or not yet due and payable); (2) the right of redemption of any taxing authority; (3) any matters which might be disclosed by an accurate survey and inspection of the property; and (4) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Said sale will be conducted subject to the following: (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. The name, address, and telephone number of the individual or entity who has full authority to negotiate, amend, and modify all terms of the mortgage is as follows: Nationstar Mortgage LLC d/b/a Mr. Cooper 8950 Cypress Waters Blvd Coppell, TX, 75019 1 -888-480-2432 Note that pursuant to O.C.G.A. § 44-14-162.2, the above individual or entity is not required by law to negotiate, amend, or modify the terms of the mortgage. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, as Attorney-in-Fact for THOMAS JOHNSON RAS Crane LLC 10700 Abbott's Bridge Road Suite 170 Duluth, GA 30097 Phone: 470.321.7112 Firm File No. 19-389060 -AmE 87743 12/5, 12, 19, 26, 1/2 (MORISON) NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HALL Under and by virtue of the power of sale contained with that certain Security Deed dated September 11, 2012, from Eileen T. Morison to Wells Fargo Bank, N.A, recorded on October 12,2019 in Deed Book 7076 at Page 47 Hall County, Georgia records, having been last sold, assigned, transferred and conveyed to LoanCare, LLC.by Assignment and said Security Deed having been given to secure a note dated September 11, 2012, in the amount of $159,200.00, and said Note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Hall County, Georgia, on January 7, 2020 the following described real property (hereinafter referred to as the "Property''): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 136 OF THE 10TH DISTRICT OF HALL COUNTY, GEORGIA, BEING LOT67 OF CHATTAHOOCHEE LANDING, PHASE II, AS PER PLAT THEREOF RECORDED IN PLAT SLIDE 391, PAGE 8B, HALL COUNTY, GEORGIA, RECORDS, WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE FOR A MORE DETAILED DESCRIPTION. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is Eileen T. Morison. The property, being commonly known as 2723 Bridgewater Drive, Gainesville, GA, 30506 in Hall County, will be sold as the property of Eileen T. Morison, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A. Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: LoanCare LLC, 3637 Sentara Way, Virginia Beach, VA 23452, 800-274- 6600 . The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for LoanCare, LLC. as Attorney in Fact for Eileen T. Morison 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (770) 373-4242 By: Cory Sims For the Firm THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, wc - 19-021706 A-4710490 12/12/2019, 12/19/2019, 12/26/2019,01/02/2020 87587 12/12, 19, 26, 1/2 (MUNOZ) NOTICE OF FORECLOSURE SALE UNDER POWER HALL COUNTY, GEORGIA Underand byvirtueofthe Power of Sale contained in a Security Deed given by Santiago Munoz to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for SunTrust Mortgage, Inc., its successors and assigns, dated April 9, 2004, and recorded in Deed Book 4962, Page 439, Hall County, Georgia Records, as last transferred to Truist Bank, successor by merger to SunTrust Bank by assignment recorded on November 29, 2012 in Book 7099 Page 444 in the Office of the Clerk of Superior Court of Hall County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of One Hundred Fourteen Thousand Two Hundred Thirty- Eight and 0/100 dollars ($114,238.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash at the Hall County Board of Commissioners meeting room on the second floor of the Hall County Government Center located at 2875 Browns Bridge Road, Gainesville, Georgia, within the legal hours of sale on February 4, 2020, the following described property: All that tract or parcel of land, together with improvements thereon, situate, lying and being in the Gainesville GMD 411 of Hall County, Georgia, and being all of Lot No. 5 of Gailey Estates Subdivision as shown on subdivision plat recorded in Plat Book 830, Page 102A of the Hall County Records, which plat is incorporated herein by reference as a part of this description. 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). The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Truist Bank, successor by merger to SunTrust Bank they can be contacted at (800) 443-1032 for Loss Mitigation Dept, or by writing to 1001 Semmes Avenue, Richmond, Virginia 23222, to discuss possible alternatives to avoid foreclosure. 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. To the best knowledge and belief of the undersigned, the party in possession of the property is Santiago Munoz or tenant(s); and said property is more commonly known as 1314 Eugene Drive, Gainesville, GA 30507. The sale will be conducted subject to (1) confirmation thatthe sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure. Truist Bank, successor by merger to SunTrust Bank as Attorney in Fact for Santiago Munoz. Brock & Scott, PLLC 4360 Chamblee Dunwoody Road Suite 310 Atlanta, GA 30341 404-789-2661 B&S file no.: 19-18936 88083 1/2, 9,16, 23, 30 (OGLE) STATE OF GEORGIA COUNTY OF HALL NOTICE OF SALE UNDER POWER Because of a default under the terms of the Security Deed executed by Kevin E. Ogle to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Southeast Mortgage of Georgia, Inc., its successors and assigns dated September 1, 2015, and recorded in Deed Book 7581, Page 468, as last modified in Deed Book 7914, Page 557, Hall County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Nationstar Mortgage, LLC dba Mr/ Cooper, securing a Note in the original principal amount of $265,109.00, 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, February 4, 2020, during the legal hours of sale, before the Courthouse door 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 GMD 1270, FLOWERY BRANCH DISTRICT, HALL COUNTY, GEORGIA, BEING LOT 16, STERLING ON THE LAKE SUBDIVISION, POD C, AS PER PLAT RECORDED AT PLAT BOOK 856, PAGES 185-188, HALL COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY THIS REFERENCE AND MADE A PART HEREOF. Said property is known as 7512 Mourning Dove Way, Flowery Branch, GA 30542, 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 Kevin Ogle; Carla S Ogle, successor in interest or tenant(s). Nationstar Mortgage LLC d/b/a Mr. Cooper as Attorney-in-Fact for Kevin E. Ogle File no. 19-074691 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 211 Perimeter Center Parkway, N.E., Suite 300 Atlanta, GA 30346 (770) 220-2535/CH shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FORTHAT PURPOSE. 88231 12/26, 1/2, 9, 16, 23, 30 (PDW) NOTICE OF SALE UNDER POWER GEORGIA, HALL COUNTY Underand byvirtueofthe power of sale contained in a Deed to Secure Debt, Assignment of Rents and Security Agreement given by PDW Masonry Company, LLC, to Fidelity Bank, dated February 10, 2017, as recorded in Deed Book 7851, Page 511, Hall County, Georgia records on February 14, 2017 (the "Security Deed"), conveying the after- described property to secure a Note in the original principal amount of two hundred seven thousand four- hundred seventy-five dollars and twenty-nine cents($207,475.29), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder, for cash, before the courthouse door of Hall County, Georgia, within 5C the legal hours of sale on the first Tuesday in January, 2020, - January 7, 2020 - the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN OAKWOOD G.M.D., HALL COUNTY, STATE OF GEORGIA, CONSISTING OF 1.011 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED ON THAT SURVEY FOR JOSHUA AND CAROLINE MASSARO, DATED FEBRUARY 2, 2006, PREPARED BY IAN M. BRAGG, RLS, SOUTHERN TECHNICAL SERVICES, LLC, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE, THE PROPERTY SHOWN THEREON BEING MORE PARTICULARLY DESCRIBED ACCORDING TO SAID SURVEY AS FOLLOWS: TO FIND THE TRUE POINT OF BEGINNING, LOCATE THE INTERSECTION OF THE CENTERLINE OF MAIN STREET (40- FOOT RIGHT OF WAY) AND ACADEMY STREET, IN THE AFORESAID DISTRICT AND COUNTY, AND THENCE PROCEED NORTH 37 DEGREES 04 MINUTES 59 SECONDS WEST 123.03 FEET TO A 3/8-INCH REBAR FOUND ALONG THE WESTERN RIGHT OF WAY OF MAIN STREET, THE SAME BEING THE TRUE POINT OF BEGINNING. FROM THE TRUE POINT OF BEGINNING THUS ESTABLISHED, LEAVE SAID RIGHT OF WAY AND PROCEED SOUTH 58 DEGREES 45 MINUTES 40 SECONDS WEST 224.85 FEETTO A POINT;THENCE NORTH 38 DEGREES 16 MINUTES 50 SECONDS WEST 80.88 FEET TO A 3/8-INCH REBAR FOUND; THENCE NORTH 54 DEGREES 38 MINUTES 48 SECONDS EAST 35.13 FEET TO A 3/8-INCH REBAR FOUND; THENCE NORTH 17 DEGREES 23 MINUTES 10 SECONDS WEST 135.00 FEETTO A 3/8-INCH REBAR;THENCE NORTH 60 DEGREES 31 MINUTES 35 SECONDS EAST 181.20 FEET TO A 3/8 INCH REBAR FOUND ALONG THE WESTERN RIGHT OF WAY OF MAIN STREET; THENCE PROCEEDING ALONG THE WESTERN RIGHT OF WAY OF MAIN STREET SOUTH 27 DEGREES 28 MINUTES 28 SECONDS EAST 208.74 FEET TO A 3/8-INCH REBAR FOUND; THE SAME BEING THE TRUE POINT OF BEGINNING. 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 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. Ameris Bank, successor in interest by merger with Fidelity Bank is the holder of the Note and Security Deed to the property. In accordance with O.C.G.A. § 44-14-162.2, the entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ameris Bank, successor in interest by merger with Fidelity Bank, 304 Tribble Gap Road, Suite 200, Cumming, Georgia 30040, (404)814-8028. To the best knowledge and belief of the undersigned, the party in possession of the property is PDW Masonry Company, LLC, or a tenant or tenants thereof, and said property is more commonly known as 4228 Main Street, Oakwood, Hall County, Georgia 30566. This sale will be conducted subject (1) to confirmation