2278 Smith Ave Sw

NOTICE OF SALE UNDER POWER Under and by virtue of the Power of Sale contained in a Security Deed from Jennifer Santiago Rullan to UpEquity SPV 2, LLC, dated September 25, 2024, and recorded on September 30, 2024, in Book 16234 Page 6084 Document: 2024?0078511; MODIFICATION AGREEMENT Dated 09/25/2024 Recorded 01/21/2025, Book 16257, Page 1578, Document 2025004995, Cobb County, Georgia Records; as last assigned to UpEquity SPV 2, LLC (Secured Creditor); conveying the after-described property to secure a Note in the original principal amount of $89,958.00 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 Cobb County, Georgia, within the legal hours of sale on the first TUESDAY in August, 2025, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 544 OF THE 19TH DISTRICT, 2ND SECTION OF COBB COUNTY, GEORGIA, BEING LOT 22, BLOCK F, UNITS IV AND V, HORSESHOE BEND SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 73, PAGE 100, COBB COUNTY, GEORGIA RECORDS. The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said 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) and all other payments provided for under the terms of the Security Deed and Note. 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 or easements, liens, zoning ordinances, restrictions, covenants, and any security deeds, mortgages or deeds of trust or any matters of record superior to the Security Deed first set out above. 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. 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 immediately above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: UpEquity SPV 2, LLC, 1145 W. 5th Street, Austin, TX 78703, 1-512-580-7600. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best of the undersigned's knowledge and belief, said property is also known as 2278 Smith Avenue SW, Marietta, GA 30064-4238, and the party in possession of the property is/are Jennifer Santiago Rullan or a tenant or tenants of said property. UpEquity SPV 2, LLC As Attorney-in-Fact for Jennifer Santiago Rullan SOLOMON BAGGETT, LLC 3763 Rogers Bridge Road Duluth, GA 30097 (678) 243-2515 THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7:11,18,25; 8:1-2025