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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
FRANKLIN COUNTY
Under and by virtue of the power of sale contained in that certain Security Deed from Eldon L. Smith and Barbara A. Smith to Synovus Bank, dated June 13, 2022, and recorded August 9, 2022, in Deed Book 1537, Page 239, Franklin County, Georgia Records; having last been assigned and transferred to Robert Barnett, as Trustee of the RH 401(k) Plan, by that Assignment of Note, Security Instruments, and Other Loan Documents dated June 11, 2026, and recorded June 23, 2026, in Deed Book 1747, Page 96, Franklin County, Georgia Records. Said Security Deed having been given to secure a Note dated June 13, 2022, in the principal sum of Thirty-three thousand two hundred forty-nine and 35/100 Dollars ($33,249.35), with interest thereon as provided for therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Franklin 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 October, 2026, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the State of Georgia, County of Franklin, and in the 213th District, G.M., and being Lot Four (4), Lot Fifty-One (51), Lot Fifty-Two (52) of Block D, Brittany Harbor East, according to Plat of Clelland A. Tyson, Engineer, dated May, 1970, as revised July 16, 1970, recorded in Plat Book 7, Page 167, in the Office of Clerk, Superior Court, Franklin County, Georgia.
The property is commonly known as 72 Ridgeview Ct, Lavonia, GA 30553 and (unnumbered) Ridgeview Dr, Lavonia, GA 30553 according to the present numbering system in Franklin County, Georgia, together with all fixtures and personal property attached to and constituting a part of said property, if any. In the event of a conflict between the property address and the legal description, the legal description shall control.
The indebtedness secured by said Security Deed has been declared due because of default under the terms of said Security Deed and Note. The indebtedness remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees, as provided for in the Security Deed and Note and by law (notice pursuant to O.C.G.A. § 13-1-11 having been given).
Said property will be sold on an as-is basis without any representation, warranty, or recourse against the above-named or the undersigned. The sale will be subject to any superior Security Deeds of record; all zoning ordinances; any matters which might be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property (including those which are a lien, but not yet due and payable); special assessments; all outstanding bills for public utilities which constitute liens upon said property whether due and payable or not yet due and payable and which might not be of record; the right of redemption of any taxing authority; all restrictive covenants, liens, encumbrances, restrictions, covenants, easements, rights of-way, and any other matters of record superior to said Security Deed.
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. Pursuant to the provisions of O.C.G.A. § 9-13-172.1, which permits the rescission of judicial and nonjudicial sales in the State of Georgia in limited circumstances, the Deed Under Power and other foreclosure documents may not be provided until final confirmation as previously stated.
The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage is: Robert Barnett, 8375 SW Beaverton-Hillsdale Hwy Ste 200, Portland, OR 97225, (503) 288-7187.
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is believed to be Eldon L. Smith and Barbara A. Smith or tenant(s).
Robert Barnett, as Trustee of the RH 401(k) Plan, as assignee of Pinnacle Bank, a Tennessee Bank, as successor by merger with Synovus Bank, as agent and Attorney-in-Fact for Eldon L. Smith and Barbara A. Smith
McMickle, Kurey & Branch, LLP
Attn: Default Department
217 Roswell Street, Suite 200
Alpharetta, GA 30009
(678) 824-7843
foreclosures@mkblawfirm.com
MKB File #3519-18788
THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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