NOTICE OF SALE UNDER POWER, EFFINGHAM COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Neil Mendez and Nicole Joy Tomingo to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Summit Funding, Inc, its successors and assigns dated 1/4/2024 and recorded in Deed Book 2888 Page 938 Effingham County, Georgia records; as last transferred to or acquired by Summit Funding, Inc, conveying the after-described property to secure a Note in the original principal amount of $225,735.00, 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 Effingham County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on September 1, 2026 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE 11TH G.M. DISTRICT, EFFINGHAM COUNTY, GEORGIA, CONTAINING 5.02 ACRES, MORE OR LESS, THAT IS SHOWN AND MORE PARTICULARLY DESCRIBED BY THE PLAT OF SURVEY ENTITLED " SURVEY OF 5.02 ACRES DIVIDED FROM A 17.1 AC TRACT VIVIAN S. HODGES EST. ", MADE BY ADOLPH N. MICHELIS, R.L.S. # 1325, DATED JUNE 14, 2018, RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF EFFINGHAM COUNTY, GEORGIA, IN PLAT BOOK 28, PAGE 357, WHICH IS INCORPORATED INTO THIS DESCRIPTION BY SPECIFIC REFERENCE THERETO. THIS BEING THE SAME PROPERTY CONVEYED BY MELISSA D. SMITHEY AND JAMEY E. SMITHEY TO MELISSA H. SMITHEY AND JAMEY EDWARD SMITHEY AS EVIDENCED BY THAT CERTAIN WARRANTY DEED DATED AUGUST 26, 2020 AND RECORDED IN DEED BOOK 2618, PAGE 751, AFORESAID RECORDS. SUBJECT, HOWEVER, TO ALL RESTRICTIVE EASEMENTS AND RIGHTS - OF - WAY OF RECORD. COVENANTS, TOGETHER WITH AN IMPROVEMENT AND IMMOVABLE FIXTURE ATTACHED THERETO KNOWN AS A 2019, 16 X 80, KABCO BUILDERS MANUFACTURED HOME, SERIAL # KB021249919. SAID MOBILE HOME IS PERMANENTLY AFFIXED TO THE LAND AND IS TO REMAIN ON THE LAND DESCRIBED HEREIN SO AS TO BECOME A PART OF THE REAL PROPERTY. GRANTOR DECLARES THAT THE WHEELS, AXLES, AND HITCHES HAVE BEEN REMOVED AND THAT THE MOBILE HOME IS CONNECTED TO THE UTILITIES. GRANTOR INTENDS THAT THE MOBILE HOME LOSE ITS NATURE AS PERSONAL PROPERTY AND BECOME REAL PROPERTY. SAID MOBILE HOME SHALL BE HEREAFTER CONSIDERED A PERMANENT FIXTURE ON THE REALTY AND HENCEFORTH TITLE TO SAID MOBILE HOME SHALL BE CONSIDERED AS MERGED WITH TITLE TO THE REALTY. CERTIFICATE OF PERMANENT LOCATION HAS BEEN FILED IN DEED BOOK 2887, PAGE 381, EFFINGHAM COUNTY, GEORGIA RECORDS. SAID PROPERTY HAS A CURRENT PROPERTY TAX IDENTIFICATION NUMBER OF 03400031B00 WITH A STREET ADDRESS OF 2814 OLD DIXIE HWY, SPRINGFIELD, GEORGIA, 31329 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 is commonly known as 2814 Old Dixie Hwy, Springfield, GA 31329 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Neil Mendez and Estate and/or Heirs of Nicole Joy Tomingo or tenant or tenants. Onity Mortgage Corporation is the entity or individual designated, who shall have full authority to negotiate, amend and modify all terms of the mortgage. Onity Mortgage Corporation 1661 Worthington Rd Suite 100 West Palm Beach, FL 33409 (800) 750-2518 Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. 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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. 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 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. Summit Funding, Inc as agent and Attorney in Fact for Neil Mendez and Nicole Joy Tomingo Aldridge Pite, LLP, Six Piedmont Center, 3525 Piedmont Road, N.E., Suite 700, Atlanta, Georgia 30305, (404) 994-7400. 1017-7780A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1017-7780A 23875 8.26.26 RL