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Notice of Sale Under Power Georgia, Fannin County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Roman Proshkin to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Sunshine Mortgage Corporation, dated May 16, 2005, and recorded in Deed Book 644, Page 684, Fannin County, Georgia records, as last transferred to U.S. Bank National Association, s Trustee on behalf of the holders of the Bear Stearns Asset Backed Securities Trust 2005-AC5, Asset-Backed Certificates, Series 2005-AC5 by Assignment recorded in Deed Book 1015, Page 128, Fannin County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $356,000.00, 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 Fannin County, Georgia, within the legal hours of sale on the first Tuesday in August, 2016, to wit: August 2, 2016, the following described property: All that tract or parcel of land lying and being in the 8th District, 2nd Section of Fannin County, Georgia and being a portion of Land Lots 181 and 182 and being more particularly referred to as Lot 1, containing 0.47 acres, as shown on Plat Book 4, Page 309 and Plat Book 5, Page 45, Fannin County, Georgia records. ALSO: All that trace of parcel of and lying and being a portion of Lot 11 of Joe and Jim Sisson Subdivision, located in Land Lot 182 of the 8th District, 2nd Section, of Fanning County, and being more particularly described as follows: Beginning at the POINT OF BEGINNING, a point located North 00 degrees, 54 minutes, 44 seconds, East 2.02 feet from an Iron Pin Found, a one-half inch Rebar, Said point being located on the Northern Right of Way of Dogwood Riverside Trail, a 30 foot right-of-way, thence leaving said right-of-way, North 00 degrees, 54 minutes, 44 seconds, East a distance of 525.56 feet to a point, said point being an Iron Pin Found, a one-half inch Rebar; thence North 00 degrees, 54 minutes, 44 seconds, East a distance of 0.55 feet to a point, said point being on the southern Right-of-way of Power Dam Road, a 30 foot right-of-way; thence running along and with said right-of-way 52.18 feet along a curve, said curve having a chord bearing of South 80 degrees, 54 minutes, 59 seconds East and a chord distance of 52.18 feet with a radius of 1,764.28 feet to a point, thence South 80 degrees, 04 minutes, 09 seconds East, a distance of 44.37 feet to a point; thence 200.39 feet along a curve, said curve having a chord bearing of South 60 degrees, 49 minutes, 57 seconds, East and a chord distance of 196.65 feet with a radius of 298.43 feet to a point; thence South 41 degrees, 35 minutes, 44 seconds East, a distance of 25.45 feet to a point; said point being located South 27 degrees, 08 minutes, 53 seconds, West a distance of 358.02 feet to a point, said point being on the Northern Right-of-Way of Dogwood Riverside Trail, a 30 foot Right-of-Way and located North 27 degrees, 08 minutes, 53 seconds, East 2.48 feet from an Iron Pin Found, a one-half inch Rebar; thence running along and with said right of way 45.9 feet along a curve, said curve having a chord bearing of South 67 degrees, 24 minutes, 52 seconds, West and a chord distance of 45.57 feet and a radius of 112.20 feet to a point, thence South 55 degrees, 41 minutes, 52 seconds West a distance of 105.05 feet to a point, being the Point Of Beginning. Said tract contains 2.202 ACRES, more or less, as shown on a survey and plat prepared by H. Samuel Walker G.R.L.S. No. 2835 For Roman Proshkin. Said Plat is dated the 25th day of September, 2014 and recorded in Plat Hanger E-426, Page 1,in the Office of the Clerk of Superior Court of Fannin County, Georgia. Said recorded Plat is hereby made a part of this deed by reference thereto for a more complete an accurate description of the above described property: AND: All that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia and being a part of Land Lot No. 181 and 182 containing 5.56 Acres, more or less, as shown on a survey and plat prepared by Land S. Bishop, G.R.L.S. No.1575 for George E. Junnier. Said plat is dated the 14th day of August, 1992 and recorded in Plat Hanger A-68, Page 8 in the Office of The Clark of the Superior Court of Fanning County, Georgia. Said recorded Plat is hereby made a part of this deed by reference thereto for a more completed an accurate description of the above described property. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property is commonly known as 1365 Power Dam Road, Blue Ridge, GA 30513, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Roman Proshkin and Yulia Klimov or tenant or tenants. 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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) 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 nonjudicial 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 in the preceding paragraph. Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Select Portfolio Servicing, Inc. Attention: Loss Mitigation Department 3217 S. Decker Lake Drive Salt Lake City, Utah 841191-888-818-6032 The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being U.S. Bank National Association, s Trustee on behalf of the holders of the Bear Stearns Asset Backed Securities Trust 2005-AC5, Asset-Backed Certificates, Series 2005-AC5 as attorney in fact for Roman Proshkin Richard B. Maner, P.C. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FC14-54 July 6-27 #262828
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