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gpn11 CN6469 STATE OF GEORGIA NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT COUNTY OF CATOOSA THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. On the 5th day of February 2002, DONALD A. GILBERT and LISA D. GILBERT, ("Gilbert") executed a Note and Deed to Secure Debt for $266,256.00 made payable to Jim Walter Homes, Inc., conveying property described in Exhibit "A", and recorded in the Office of the Clerk of Superior Court of Catoosa County, Georgia, in Deed Book 880, page 436. Said Note and Deed to Secure Debt were subsequently assigned to U. S. Bank, N. A., as trustee on behalf of Mid-State Trust XI by Ditech Financial LLC, as servicer with delegated authority ("US Bank") by Assignment recorded in aforesaid Clerk's Office. Default has been made in the installment payments due for January 2015, and subsequent thereto. US Bank declared the entire unpaid indebtedness due and payable in accordance with the terms of said Note, and the same has not been paid. The Deed to Secure Debt provides that when the Note secured thereby becomes due and is not paid, that said property may be sold before the Courthouse door of Catoosa County, Georgia, upon US Bank first giving notice of the place and terms of such sale (1) time a week for (4) weeks in the newspaper in which the Sheriff's advertisements are published, and where said property is located. NOW THEREFORE, pursuant to the powers contained therein, the property will be sold before the Courthouse door in Catoosa County, Georgia, at public outcry on the first Tuesday in November 2015, between the legal hours of sale. US Bank will convey title to the purchaser as attorney-in-fact for Gilbert. The money derived from the sale will be applied: first to the expenses of said sale; secondly, to the amount due on said Note; and the balance, if any, shall be paid to Gilbert. TERMS: Cash, subject to State and County ad valorem taxes or assessment and any federal tax liens of record. Purchaser is to pay for all legal papers and revenue stamps. This 1st day of October 2015. U. S. Bank, N. A., as trustee on behalf of Mid-State Trust XI by Ditech Financial LLC, as servicer with delegated authority, as attorney in fact for Donald A. Gilbert and Lisa D. Gilbert Dunstan, Cleary & West LLP 1223 George C. Wilson Drive Augusta, Georgia 30909 706-860-9995 State Bar No. 129754 EXHIBIT "A" All that tract or parcel of land lying and being in Original Land Lot No. 181 in the 27th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows: to find the true point of beginning begin at the northeast corner of Land Lot No. 181 thence south 88 degrees 59 minutes 51 seconds west a distance of 879.57 feet to an iron pin; thence south 02 degrees 43 minutes 37 seconds east a distance of 872.17 feet to the POINT OF BEGINNING; thence south 02 degrees 43 minutes 37 seconds east a distance of 192 feet to an iron pin; thence south 86 degrees 34 minutes west a distance of 226.73 feet to an iron pin; thence north 02 degrees 43 minutes 36 seconds west a distance of 192 feet to an iron pin; thence north 86 degrees 34 minutes east a distance of 226.73 feet to the point of beginning. TOGETHER with an easement twelve (12) feet in width more particularly described as follows: Beginning at the Southwest corner of the property conveyed to Kevin Alvie Murray by deed recorded in Deed Book 369, Page 153, Catoosa County, Georgia Deed Records; thence South 02 degrees 43 minutes 37 seconds East, a distance of 1064.17 feet to a point; thence South 01 degree 21 minutes East, a distance of 1037.16 feet to a point in the Northwest line of Colbert Hollow Road; thence North 56 degrees 55 minutes 38 seconds East, along the Northwest line of Colbert Hollow Road, a distance of 12 feet, more or less, to a point; thence North 01 degree 21 minutes West and at all points 12 feet East of the West line of the property conveyed to James Gilbert and wife, Mildred Gilbert by deed recorded in Deed Book 329, Page 770, Catoosa County, Georgia Deed Records, a distance of 1040 feet more or less, to a point; thence North 02 degrees 43 minutes 37 seconds West, and at all points 12 feet East of the West line of the Gilbert property, a distance of 1065 feet, more or less, to the South line of the Murray property; thence South 86 degrees 34 minutes West, along the South line of the Murray property, a distance of 12 feet to the point of beginning. Said easement is more particularly described in Deed Book 390, Page 584 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia. Said property is more particularly described in the survey plat for Donald Gilbert dated the 13th day of June, 2001. Said survey prepared by Robert A. Cagle and Company. 11-4,11,18,25
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