Notice Content
Jerry R. Hilton Jr. 882 5 5 16
STATE OF GEORGIA
COUNTY OF CHATTOOGA
NOTICE OF SALE UNDER POWER
Because of a default under the terms of the Security Deed executed by Jerry R. Hilton Jr. to Mortgage Electronic Registration Systems, Inc. as nominee for Ace Mortgage Funding, LLC dated December 11, 2007, and recorded in Deed Book 540, Page 136, Chattooga County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A. by Assignment, securing a Note in the original principal amount of $87,746.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, June 7, 2016, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
A certain tract or parcel of land in Chattooga County, in the State of Georgia, described as follows:
All that tract or parcel of land situated, lying and being in Land Lot Number One Hundred Twenty-Seven (127) in the Fourteenth District and Fourth Section of Chattooga County, Georgia and being more particularly described as:
Beginning at an iron pin corner on the northeasterly right of way line of the Mill Village Road (30 feet right of way) which is 806-68/100 feet southeasterly, measured along said line of said road from its intersection with Georgia Avenue (60 feet right of way); thence north 00 degree 54 minutes 24 seconds west 436-17/100 feet to an iron pin corner; thence south 89 degrees 16 minutes 12 seconds east 262-39/100 feet to the center line of McLeod branch; thence along the center line of said branch south 30 degrees 10 minutes 03 seconds east 97-71/100 feet. south 43 degrees 32 minutes 07 seconds east 53-44/100 feet, north 80 degrees 49 minutes 56 seconds east 26-74-100 feet, south 62 degrees 43 minutes 53 degrees east 48-59/100 feet south 42 degrees 18 minutes 30 seconds east 43-74/100 feet south 87 degrees 32 minutes 59 seconds east 25-68/100 feet south 32 degrees 54 minutes east 73-27/100 feet and south 09 degrees 51 minutes 59 seconds east 52-14/100 feet to a point; thence leaving said center line of said branch south 37 degrees 47 minutes 59 seconds west 15 feet to an iron marker and continuing south 37 degrees 47 minutes 59 seconds west crossing said Mill Village Road 415-68/100 feet to a 2 inch pipe corner; thence north 54 degrees 48 minutes 54 seconds west 93-31/100 feet to a railroad spike corner in a driveway on the southerly line of said Mill Village Road; thence northerly crossing said Mill Village Road 30 feet, more or less, to an iron pin on the northeasterly line of said road 201-13/100 feet, measures along said line of said road, southwesterly from the point of beginning; thence along said line of said road north 69 degrees 38 minutes 29 seconds west 12-91/100 feet north 59 degrees 52 minutes 45 seconds west 24-44/100 feet, north 56 degrees 20 minutes 20 seconds west 46-67/100 feet and north 53 degrees 39 minutes 31 seconds west 117-11/100 feet to the point of beginning; but excluding the right of way of said Mill Village road which cuts across the south corner of aforesaid tract, containing 4-95/100 acres, together with all improvements thereon; and subject to existing Georgia Power Company easement and sewer easement to Town of Lyerly; all as shown on a revised survey plat thereof by Carl N. Morrison, GA R.L.S. No. 1686 dated December 21, 2000; and being the same property conveyed William Alan Newton and Phyllis G. Newton by Earl F. Bryan in deed of April 20, 1990, recorded in Chattooga Deed Book 235, page 569.
Said property is known as 211 Mill Village Road, Lyerly, GA 30730, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption 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 matters of record superior to the Security Deed first set out above.
The proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law.
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 secured creditor.
The property is or may be in the possession Jerry R. Hilton, Jr., successor in interest or tenant(s).
Wells Fargo Bank, N.A. as Attorney-in-Fact for Jerry R. Hilton Jr.
File no. 16-059169
SHAPIRO PENDERGAST & HASTY, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
770-220-2535/KLM
shapiroandhasty.com
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
6-2c
SHAPIRO PENDERGAST & HASTY, LLP
ATTORNEYS AND COUNSELORS AT LAW
DUKE BUILDING - SUITE 100
2872 WOODCOCK BOULEVARD
ATLANTA, GEORGIA 30341
770-220-2535
FAX: 770-220-2921
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