Notice Content
L3 Harvey & Elaine Mitchell 835 6 8 17
STATE OF GEORGIA
COUNTY OF CHATTOOGA
NOTICE OF SALE UNDER POWER
Because of a default under the terms of the Security Deed executed by Harvey E. Mitchell and Elaine H. Mitchell to Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, Inc., its successors and assigns dated August 7, 2006, and recorded in Deed Book 507, Page 632, Chattooga County Records, said Security Deed having been last sold, assigned, transferred and conveyed to U.S. Bank National Association, as Trustee for Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2006-BC5, securing a Note in the original principal amount of $65,000.00, 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 Wednesday, July 5, 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 that tract or parcel of land lying and being in Land Lot 82 in the 6th District and 4th Section of Chattooga County, Georgia, and being a part of Block "B" of the Rudicil Estate as shown on a plat recorded in Deed Book 7, Page 224, in the office of the Clerk of Superior Court of Chattooga County, and being more particularly described as follows:
Beginning at a point marked by an iron pipe located on the westerly side of Rudicil Avenue (having a 30-foot right-of-way) which lies 150.00 feet in a southerly direction as measured along the west side of said Ruducil Avenue from its intersection with the south side of the Back Penn Road (having a 35-foot right-of-way); thence north 71 degrees 21 minutes 04 seconds west along a chain-link fence a distance of 183.44 feet to a point marked by an iron pipe lying on the easterly side of the Central of Georgia Railroad (having a 60-foot right-of-way); thence south 20 degrees 02 minutes 16 seconds west along the east side of the Central of Georgia Railroad a distance of 60.00 feet to a point marked by an iron pin; thence south 59 degrees 44 minutes 00 seconds east a distance of 167.50 feet to a point marked by an iron pipe on the west side of said Ruducil Avenue; thence north 31 degrees 10 minutes 33 seconds east a distance of 96.00 feet to the point of beginning, all according to a plat entitled "Plat of Survey for Harvey E. Mitchell and Elaine H. Mitchell", dated November 30, 1993, by K. C. Campbell, Georgia Registered Land Surveyor No. 2256, recorded in Plat Book 7, Page 173, in the office of the Clerk of Superior Court of Chattooga County, Georgia, to which plat reference is hereby made for a more specific description of said property. Said property being improved property with a reference erected thereon.
Being the same property conveyed to Harvey E. Mitchell and Elaine H. Mitchell by deed from Maggie Mitchell recorded 01/06/1994 in Deed Book 267, Page 29, in the office of the Clerk of the Superior Court of Chattooga County, Georgia.
Tax ID# P06-9
Said property is known as 105 Railroad Circle, Summerville, GA 30747, 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 of Harvey E. Mitchell and Elaine H. Mitchell; Jason Randy Mitchell, as Administrator of the Estate of Harvey Eugene Mitchell and Jason Randy Mitchell, as Administrator of the Estate of Elaine H. Mitchell, successor in interest or tenant(s).
U.S. Bank National Association, as Trustee for Specialty Underwriting And Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2006-BC5 as Attorney-in-Fact for Harvey E. Mitchell and Elaine H. Mitchell.
File No. 17-064807
SHAPIRO PENDERGAST & HASTY, LLP*
Attorneys and Counselors at Law
211 Perimeter Center Parkway, N.E., Suite 300
Atlanta, GA 30346
770-220-2535/SJ
shapiroandhasty.com
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
06/08, 06/15, 06/22, 06/29, 2017
[FC-NOS]
6-29c
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