Notice Content
NOTICE OF SALE UNDER POWER
County of Ben Hill
State of Georgia
Because of a default under the terms of the Security Deed executed by James E. Mitchell and Jody L. Mitchell to Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Lenders Network USA, Inc. dated September 22, 2005, and recorded in Deed Book 608, Page 220, Ben Hill
County Records, said Security Deed having been last sold, assigned, transferred and conveyed to U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed
Pass-Through Certificates, Series 2005-EMX5, securing a Note in the
original principal amount of $100,000.00, 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, April 4, 2017, 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:
All of Lot Number eleven (11) in Deerwood Subdivision in Land Lot Number 180 in the Third Land District in the City of Fitzgerald, Ben Hill County, Georgia, as shown by the plat of said subdivision prepared by T.W. Ash, Georgia Registered Land Surveyor No. 2096, dated August 29, 1994, and re-
corded in Plat Slide Number 379-G, in the office of the Clerk of the Su-
perior Court of Ben Hill County, Georgia, and said plat by reference
thereto is hereby made a part of this description.
Said property is known as 102 Deerrun Street, Fitzgerald, GA 31750, 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 confir-
mation and audit of the status of the loan with the secured creditor.
The property is or may be in the possession of James E. Mitchell and Jody L. Mitchell, successor in interest or tenant(s).
U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed
Pass-Through Certificates, Series 2005-EMX5
as Attorney-in-Fact for James E.
Mitchell and Jody L. Mitchell
File no. 07-2695
Shapiro Pendergast & Hasty LLP
Attorneys and Counselors at Law
211 Perimeter Center Parkway,
N.E., Suite 300, Atlanta, GA 30346
770-220-2535/KMM
shapiroandhasty.com
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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