The Augusta Chronicle 

Publication Name:
The Augusta Chronicle

Publication URL:

Publication City and State:
Augusta, GA

Publication County:
Richmond

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201506092347420443305
3220054170

Notice URL:

Notice Publish Date:
Monday, May 11, 2015

Notice Content

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF RICHMOND Under and by virtue of the power of sale contained in that certain Commercial Deed to Secure Debt from Lisa M. Hardy (Grantor) to and in favor Mortgage Lenders Network USA, Inc. (Original Lender) dated October 7, 1998 and recorded in Deed Book 615, Page 1565, Richmond County, Georgia records, re-recorded on December 4, 2013 in Deed Book 1421, Page 1381, Richmond County, Georgia records (the Security Deed), as assigned from Mortgage Lenders Network USA, Inc., to Travelers Bank & Trust, FSB, recorded in Deed Book 646, Page 113, Richmond County, Georgia records, as assigned from Citibank, N.A., Successor in interest by merger to Citicorp Trust Bank, FSB, f/k/a Travelers Bank & Trust, FSB to CitiMortgage Inc., recorded February 26, 2013 in Deed Book1382, Page 1622, Richmond County records, as assigned from CitiMortgage Inc., to U.S. Bank National Association, as Trustee for Prof-2012-S1 Holding Trust, Trust, recorded July 31, 2013 in Deed Book 1406, Page 1676, Richmond County records, as assigned from U.S. Bank National Association, as Trustee for Prof-2012-S1 Holding Trust 2014-2 to MFRA Trust 2014-2, recorded January 29, 2015 in Deed Book 1470, Page 2132, Richmond County records, as assigned from U.S. Bank National Association , Association, as Trustee for PROF-2012-S1 Holdings Trust 1 to Wilmington Trust, National Association, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS TRUSTEE OF MFRA TRUST 2014-2, recorded March 26, 2015 in Deed Book 1477, Page 1546, Richmond County records, securing that certain promissory note dated October 7, 1998, in the original principal amount of Sixty Thousand and No/100 Dollars ($60,000.00), as last modified, renewed, amended or otherwise restated from time to time ( the Note); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Richmond County, Georgia, on the first Tuesday in June, 2015, the following described property (the Premises) to wit: ALL THAT LOT OR PARCEL OF LAND WITH IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE CITY OF AUGUSTA, RICHMOND COUNTY, GEORGIA, AND HAVING A FRONTAGE OF 68 FEET ON THE NORTH SIDE OF MIMOSA (MIMOSA) LANE AND EXTENDING BACK ON ITS WESTERN BOUNDARY LINE AND A DISTANCE OF 165 FEET, ALONG LOTS C and D AND A DISTANCE OF 159.64 FEET, ON ITS EASTERN BOUNDARY LINE AND HAVING A REAR WIDTH OF 52 FEET, SAID LOT IS A PORTION OF LOT B AS SHOWN ON A PLAT MADE FOR IRVIN REALTY DATED FEBRUARY 5, 1965 BY BILLY B. BEAZLEY, C.E., AND RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT FOR RICHMOND COUNTY, GEORGIA, IN REALTY BOOK 30-B, PAGE 386, REFERENCE BEING MADE TO SAID PLAT FOR A MORE COMPLETE AND ACCURATE DESCRIPTION AS TO METES, BOUNDS AND LOCATION OF SAID PROPERTY. REFERENCE IS ALSO MADE TO A PLAT PREPARED BY WALTER ARLIN BELL DATED JANUARY 2, 1979, SAID PLAT BY REFERENCE IS INCORPORATED HEREIN. BEING THE SAME PROPERTY AS CONVEYED AT DEED BOOK 413, PAGE 595 RICHMOND COUNTY RECORDS. TOGETHER WITH all buildings, structures, and other improvements now or hereafter located on said property, or any part and parcel thereof; and TOGETHER WITH all rights, title, and interest of grantor in and to the minerals, flowers, shrubs, crops, trees, timber, and other emblements now or hereafter on said property or above the same or any part or parcel thereof; and TOGETHER WITH all and singular the tenements, hereditaments, easements, and appurtenances thereunto belonging or in any wise appertaining, and the reversion or reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, claim, and demand whatsoever of grantor of, in, and to the same and of, in, and to every part and parcel thereof; and TOGETHER WITH all fittings and fixtures, whether actually or constructively attached to said property and including all attached machinery, equipment, apparatus, and all trade, domestic, and ornamental fixtures, appliances, and articles of personal property of every kind and nature whatsoever, now or hereafter located in, upon, or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by grantor (hereinafter collectively called equipment) including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, cooking, incinerating, and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating , and communications apparatus; boilers , ranges, furnaces, oil burners, or units thereof; appliances; air-cooling and air conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; dishwashers; attached cabinets; partitions; ducts and compressors; rugs and carpets; mirrors; mantles; draperies; furniture and furnishings; all building materials, supplies, and equipment now or hereafter delivered to said property and intended to be installed therein; all additions to and renewals or replacements of all of the foregoing, and all proceeds and profits of all the foregoing; and TOGETHER WITH any and all rents which are now due or may hereafter become due by reason of the renting or leasing of the property, the improvements thereon, and equipment; and TOGETHER WITH any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of, the property, to the extent of all amounts which may be secured by this deed at the date of receipt of any such award or payment by grantee and of the reasonable attorneys' fees, costs, and disbursements incurred by grantee in connection with the collection of such award or payment. The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed. The Premises will be sold on an as is, where is basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto. The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys' fees (notice of intention to collect attorneys' fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises. Please note that FAY Servicing, LLC, on behalf of Wilmington Trust, N.A., as trustee for MFRA Trust 2014-2 whose mailing address of is 440 South LaSalle St., Suite 2000, Chicago, IL 60605, is the entity that has the full authority to negotiate, amend or modify the terms of the loan documents with you. Jennifer Carroll of FAY Servicing, LLC can be reached at (800) 495-7166. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the Premises is Grantor or a tenant or tenants and said property is more commonly known as 2331 Mimosa Drive 30906 Wilmington Trust, N.A., as trustee for MFRA Trust 2014-2 as Attorney-in-Fact for Lisa M. Hardy Lisa A. Frank, Esq. McCalla Raymer, LLC 900 Holcomb Woods Parkway Roswell, Georgia 30076 (678) 281-6503 May 7, 14, 21, 28, 2015 Ad #16618979