NOTICE OF SALE UNDER POWER
GEORGIA, FANNIN COUNTY
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Franklin M Barnett to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Stearns Lending, LLC, its successors and assigns, dated July 20, 2018, recorded in Deed Book 1260, Page 336, Fannin County, Georgia Records, as last transferred to Freedom Mortgage Corporation by assignment recorded in Deed Book 1301, Page 575, Fannin County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED FORTY-SEVEN THOUSAND TWO HUNDRED SEVEN AND 0/100 DOLLARS ($347,207.00), 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 Fannin County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in November, 2019, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 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 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. Freedom Mortgage Corporation is the holder of the Security Deed to the property in accordance with OCGA . 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Freedom Mortgage, 10500 Kinkaid Dr. Ste. 300, Fishers, IN 46037, 855-690-5900. To the best knowledge and belief of the undersigned, the party in possession of the property is Franklin M Barnett and Kesha Faye Barnett or a tenant or tenants and said property is more commonly known as 158 Ridge Brook Trail, Morganton, Georgia 30560. 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 holder of the security deed. Freedom Mortgage Corporation as Attorney in Fact for Franklin M Barnett McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net EXHIBIT "A" All that tract or parcel of land lying and being in Land Lot 208 of the 8th District and 1st Section of Fannin County, Georgia, containing 2.55 acres, more or less, and being described as Lot 41 of Ridge Brook, Phase II, as shown on a plat of survey by Polaris Surveyors, LLC, Richard E. Nutt, GRLS No. 1797, dated November 15, 2007, and recorded in Fannin County Records in Plat Hanger E-109, Pages 4-6. Said plat is incorporated herein, by reference hereto, for a full and complete description of the above described property. Benefited by Easement Agreement recorded in Fannin County Records in Deed Book 601, Pages 501-503 and Deed Book 634, Pages 746-748. Subject to conveyance of the right to use public and private roads as ingress and egress to and across property and the use of utility and water easements into and on property as shown in Warranty Deed recorded in Fannin County Records in Deed Book 85, Page 702. Subject to Blanket Easement to Blue Ridge Mountain Electric Membership Corporation recorded in Fannin County Records in Deed Book 791, Pages 248-249. Subject to Declaration of Covenants, Restrictions and Easements for Ridge Brook Subdivision; Declaration of Homeowners' Association for Ridge Brook Subdivision; Road Easement and Utility Easement and Erosion Control Easement for Ridge Brook Subdivision; Erosion and Sedimentation Agreement/Hold Harmless/Indemnification; Water Use, Maintenance and Easement Agreement for Ridge Brook Subdivision; Controlled Access Provisions for Ridge Brook Subdivision recorded in Fannin County Records in Deed Book 808, Pages 539 - 555; amended in Fannin County Records in Deed Book 964, Pages 383-400; Deed Book 966, Pages 664-681; Deed Book 976, Pages 219-239; Deed Book 1059, Pages 100-117 and Deed Book 1143, Pages 792-809. Subject to all easements, restrictions, rights-of-way (including those of others, if any, in and to the use of same), flood plain and buffer zones as shown on plat recorded in Fannin County Records in Plat Book 5, Page 245; Plat Hanger E-109, Pages 4-6; Plat Hanger E-61, Pages 5-8, and Plat Hanger E-371, Page 8. MR/ca 11/5/19 Our file no. 5629319 - FT17