8 Beaver Run Sw

Notice of Sale Under Power Georgia, FLOYD County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by MICHAEL R DETHERAGE to Mortgage Electronic Registration Systems, inc., as Nominee for Geneva Financial, LLC, its successors and assigns, dated January 14, 2022, and recorded in Deed Book 2730, Page 550, and re-recorded in Deed Book 2750, Page 99, FLOYD County, Georgia records, as last transferred to DATA MORTGAGE INC., DBA ESSEX MORTGAGE, by assignment recorded in Book 2796, Page 673, in the Office of the Clerk of FLOYD County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $294,467.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of FLOYD County, Georgia, within the legal hours of sale on the first Tuesday in September, 2025, to wit: September 2, 2025, the following described property: All that tract or parcel of land situated, lying and being in Land Lot 159 in the 4th District and 4th Section of Floyd County, Georgia and in the City of Rome, Georgia and being Lot 52 of Cherokee Acres, Part 4, Segment B, as shown on a subdivision plat thereof recorded in Plat Book 9, Page 4, in the Office of the Clerk of the Superior Court of Floyd County, Georgia. 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. 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 Deed to Secure Debt and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). Said property is commonly known as 8 SW BEAVER RUN, ROME, GEORGIA 30165, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): by MICHAEL R DETHERAGE AND JENNIFER DETHERAGE or tenant or 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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 non-judicial 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. Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Essex Mortgage Attention: Loss Mitigation Department 1417 North Magnolia Avenue Ocala, FL 34475 (888)892-0881 The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being DATA MORTGAGE INC., DBA ESSEX MORTGAGE as attorney in fact for MICHAEL R DETHERAGE Kahane & Associates, P.A. 180 Interstate North Parkway Suite 200 Atlanta, GA 30339 Telephone: 404-252-6385 File No.: 25-00927 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 8:1,8,8,15,22,29,2025