1404 Beverly Dr

NOTICE OF SALE UNDER POWER GEORGIA, WHITFIELD COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Mario Chavarria to Wells Fargo Bank, N.A. dated May 1, 2018, recorded in Deed Book 6649, Page 607, Whitfield County, Georgia Re - cords, as last transferred to Newrez LLC d/b/a Shellpoint Mortgage Servic - ing by assignment recorded in Deed Book 7067, Page 376, Whitfield Coun - ty, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTEEN THOU - SAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($118,750.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash in the ground floor atrium area within the courthouse of Whitfield County, Georgia within the legal hours of sale on the first Tues - day in October, 2025, the following described property: SEE EXHIBIT “A” ATTACHED HERE - TO 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 in - debtedness 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, includ - ing attorney’s fees (notice pursuant to O.C.G.A. § 13-1-11 having been given). Said property will be sold subject to any outstanding ad valorem taxes (in - cluding taxes which are a lien, but not yet due and payable), the right of re - demption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and any mat - ters of record including, but not limited to, those superior to the Security Deed first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the un - dersigned. Newrez LLC d/b/a Shellpoint Mort - gage Servicing is the holder of the Security Deed to the property in ac - cordance with OCGA § 44-14-162.2. The entity that has full authority to ne - gotiate, amend, and modify all terms of the mortgage with the debtor is: Shellpoint Mortgage Servicing, 75 Be - attie Place, Suite 300, Greenville, SC 29601, (800)-365-7107. Note, however, that such entity is not required by law to negotiate, amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party in posses - sion of the property is Mario Chavarria or a tenant or tenants and said proper - ty is more commonly known as 1404 Beverly Dr, Dalton, GA 30720. Should a conflict arise between the property address and the legal description the legal description will control. 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. Newrez LLC d/b/a Shellpoint Mort - gage Servicing as Attorney in Fact for Mario Chavarria McCalla Raymer Leibert Pierce, LLP 1544 Old Alabama Rd Roswell, GA 30076 www.foreclosurehotline.net EXHIBIT “A” All that tract or parcel of land lying and being in Land Lot No. 198 in the 12th District and 3rd Section of Whitfield County, Georgia, and being Lot No. 213 and part of Lot No. 212 of Westerly Heights Subdivision, as shown by Plat No. 7 thereof, of record in Plat Book 5, page 122, in the Office of the Clerk of the Superior Court of Whit - field County, Georgia, and described as follows: BEGINNING at a point on the north - easterly side of Beverly Drive 375.4 feet eastwardly along the northeast - erly side of Beverly Drive from the northeast corner of the intersection of Beverly Drive and Davidson Drive; thence north 27 degrees 15 minutes east 173.8 feet; thence south 60 de - grees 52 minutes east 40 feet; thence south 53 degrees 30 minutes east 100 feet; thence south 36 degrees 30 min - utes west 175 feet to the northeasterly side of Beverly Drive; thence north 53 degrees 30 minutes west along the northeasterly side of Beverly Drive 100 feet; thence continuing along the northeasterly side of Beverly Drive, north 60 degrees 52 minutes west 12 feet to the point of beginning. MR / MA October 7, 2025 Our file no. 24-16070GA-FT18 24-16070GA 9/12, 9/19, 9/26, 10/3