NOTICE OF SALE
GEORGIA, COWETA COUNTY
Under and by virtue of the Power of Sale contained in that certain Commercial Deed to Secure Debt and Security Agreement from Juan C. Dattero (“Grantor”) to Bank of Coweta Div Synovus Bank (“Grantee”), dated August 11, 2011, filed and recorded August 25, 2011, in Deed Book 3697, Page 15, Coweta County, Georgia Records (the “Security Deed”), conveying the after-described property to secure that certain Universal Note dated August 11, 2011, from Grantor to Grantee, in the original principal amount of Ninety Nine Thousand Eight Hundred Eighty Four and 87/100 Dollars ($99,884.87), with interest thereon as set forth therein (the “Note”), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Coweta County, Georgia, within the legal hours of sale on the first Tuesday in April 2015, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the City of Newnan, Coweta County, Georgia, being the southwesterly 65 feet of Lots 1 and 2, Section B, of Coweta Fair Subdivision, as per plat recorded in Plat Book 33, Page 592, Records of Coweta County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the northwesterly right of way line of Ellis Street at the southeast corner of Lot 1, said section and subdivision, said point being 175 feet southwest of the southwesterly right of way of Temple Avenue, as originally located, run thence northwesterly along the southwesterly line of said Lot 1 and Lot 2, 110 feet to the southwest corner of said Lot 2; run thence northeasterly, along the northwesterly line of said Lot 2, 65 feet to a point; run thence southeasterly 110 feet to a point of the aforesaid northwesterly right of way line of Ellis Street; run thence southwesterly along said right of way line 65 feet to the POINT OF BEGINNING; being improved real property known as 6 Ellis Street in accordance with the present system of numbering in the City of Newnan.
The indebtedness 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 and when due and in the manner provided in the Note. 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 attorney's fees (notice of intent to collect attorney's fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, easements against the property, if any, and subject to any unpaid water and waste bills that constitute liens against the property, whether due and payable or not yet due and payable. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
The following information is being provided in accordance with O.C.G.A. § 44-14-162.2. Bank of Coweta Div Synovus Bank is the secured creditor under the Security Deed and loan being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated Note on behalf of the secured creditor: Bank of Coweta Div Synovus Bank, Attn: Foreclosures, 521 Airport Center Drive, Jacksonville, Florida 32218, (904) 491-7247. O.C.G.A. § 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument."
To the best of the undersigned's knowledge and belief, the properties are located at 6 Ellis Street, Newnan, Coweta County, Georgia 30263, and the party in possession of the property is Juan C. Dattero, or his tenant or tenants.
Bank of Coweta Div Synovus Bank, as Attorney-in-Fact for Juan C. Dattero
Thompson, O'Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
This is notice that we are attempting to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector.