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gpn11 CN6149 STATE OF GEORGIA COUNTY OF CATOOSA NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by a Security Deed executed by John M. Elder and Icye Elder to Mortgage Electronic Registration Systems, Inc. as nominee for Freedom Mortgage Corporation and its successors and assigns dated March 10, 2009, and recorded in Deed Book 1475, Page 238, Catoosa County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Nationstar Mortgage LLC by Assignment, securing a Note in the original principal amount of $96,866.00, 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, July 7, 2015, 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: THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE COUNTY OF CATOOSA, AND STATE OF GEORGIA, TO WIT: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NO. 74, IN THE 28TH DISTRICT AND 3RD SECTION OF CATOOSA COUNTY, GEORGIA, AND BEING ALL OF LOT NO. 3 OF THE BLEVINS ACRES SUBDIVISION. ADDITION NO. 5, AND THE NORTHERN PORTION OF LOT NO.4 OF SAID SUBDIVISION, AS SHOWN BY A PLAT PREPARED BY JACK B. KIMSEY, DATED MAY 3, 1965, WHICH IS RECORDED IN PLAT BOOK 8. PAGE 12. IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CATOOSA COUNTY. GEORGIA. THE PROPERTY HEREBY CONVEYED IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT IN THE EAST RIGHT-OF-WAY LINE OF JANIE AVENUE. AT THE NORTHWEST CORNER OF THE LOT NO. 3, THENCE NORTH 82 DEGREES 34 MINUTES EAST, ALONG THE NORTH LINE OF SAID LOT NO. 3, A DISTANCE OF 150.38 FEET TO THE NORTHEAST CORNER THEREOF, SAME BEING MARKED BY A POWER POLE; THENCE IN A SOUTHWARDLY DIRECTION, ALONG THE EAST LINE OF LOTS NOS. 3 AND 4 OF SAID SUBDIVISION A DISTANCE OF 175 FEET TO A POINT IN THE EAST LINE OF SAID LOT NO. 4, WHICH IS 59.2 FEET SOUTH OF THE NORTHEAST CORNER OF SAME; THENCE IN A SLIGHTLY SOUTHWESTWARDLY DIRECTION. ACROSS SAID LOT NO.4, A DISTANCE OF 150 FEET, MORE OR LESS, TO A POINT IN THE EAST LINE OF JANIE AVENUE. WHICH SAID POINT IS A DISTANCE OF 15 FEET NORTHWARDLY ALONG SAID RIGHT-OF-WAY LINE FROM THE SOUTHWEST CORNER OF SAID LOT NO. 4; THENCE IN A NORTHWARDLY DIRECTION, WITH AND ALONG THE EAST LINE OF JANIE AVENUE, A DISTANCE OF 185 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE-DESCRIBED PROPERTY AN EASEMENT FOR A POWER LINE WHICH RUNS IN AN EASTWARDLY AND WESTWARDLY DIRECTION, ACROSS THE NORTH PORTION OF SAID LOT NO. 3, ADJACENT TO THE NORTH LINE THEREOF. TAX ID 4: 0021A-074-000 BEING ALL AND THE SAME LANDS AND PREMISES CONVEYED TO JOHN M. ELDER AND ICYE L. ELDER, HUSBAND AND WIFE BY STATE STREET BANK & TRUST COMPANY, AS TRUSTEE OF MORTGAGE OBLIGATION STRUCTURED TRUST 1993-1 IN A SPECIAL WARRANTY DEED EXECUTED 5/18/2000 AND RECORDED 6/2/2000 IN 1300K 0748, PAGE 781 OF THE CATOOSA COUNTY, GEORGIA LAND RECORDS. Said property is known as 253 Blevins Dr., Ringgold, GA 30736, 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 John M. Elder, Icye Elder, and The Representative of the Estate of Icye The Representative o Elder, successor in interest or tenant(s). Nationstar Mortgage LLC as Attorney-in-Fact for John M. Elder and Icye Elde File no. 15-053009 SHAPIRO, SWERTFEGER & HASTY, LLP* Attorneys and Counselors at Law 2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941 (770) 220-2535/SJ www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06/10, 06/17, 06/24, 07/01, 2015 [FC-NOS] SHAPIRO, SWERTFEGER & HASTY, LLP ATTORNEYS AND COUNSELORS AT LAW DUKE BUILDING SUITE 100 2872 WOODCOCK BOULEVARD ATLANTA, GEORGIA 30341 770-220-2535 FAX: 770-220-2921 6-10,17,24:7-1
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