The Tattnall Journal
Tattnall County

NOTICE OF SALE UNDER POWER GEORGIA, TATTNALL COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Nov 09, 2012 | 265 views | email to a friend | print

NOTICE OF SALE UNDER POWER

GEORGIA,

TATTNALL COUNTY

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Under and by virtue of the power of sale contained in the Security Deed, from Peggy N. Smith and Charles H. Smith to Moody s Manufactured Hsg., Inc., filed for record on April 20, 1998, and recorded in Deed Book 358, Page 206, in the office of the Clerk of the Superior Court of Tattnall County, Georgia and assigned to Green Tree Financial Servicing Corporation and recorded in Deed Book 358, Page 214, in the office of the Clerk of the Superior Court of Tattnall County, Georgia, and last assigned to U.S. Bank, N.A., as Trustee for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1998-3, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse in Tattnall County, Georgia, on the first Tuesday in December, 2012, to the highest bidder for cash, the following described real property:

All that certain tract or parcel of land situate, lying, and being in the 40th G.M. District of Tattnall County, Georgia containing two (2) acres, more or less, and bounded as follows: Northeast by Old Cowford Bridge Road; Southeast by lands now or formerly of Warnell McLeod; Southwest by lands now or formerly of Warnell McLeod; and Northwest by a county unpaved road.

Said property is more accurately depicted by two plats by Rufus L. Dasher, one dated January 21, 1974, and recorded in Deed Book 5-I, Page 136, and one dated August 2, 1974, and recorded in Deed Book 5-J, Page 439, in the office of the Clerk of Superior Court of Tattnall County.

Said property being the same as received by two separate deeds from Warnell McLeod, one dated January 21, 1974, recorded in Deed Book 5-I, Page 130, and one dated September 6, 1974, recorded in Deed Book 5-J, Page 422, in the office of the Clerk of Superior Court of Tattnall County.

Also located on the property is a mobile home described as follows:

1997 Merit Bay Manor Mobile Home, Manufacturer s ID No. FLHML3B120815215

The debt secured by said Security Deed is evidenced by a Note dated March 21, 1998, in the principal amount of Thirty-Five Thousand Five Hundred Ninety-Five and 01/100 Dollars ($35,595.01), executed by Peggy N. Smith and Charles H. Smith in favor of Green Tree Financial Servicing Corporation.

The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due and payable because of grantor's failure to comply with certain terms and conditions in said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon and attorney fees and all expenses of said sale.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes that are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters that might be disclosed by an accurate survey and inspection of the property, any assessments, easements, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.

To the best of the undersigned s knowledge and belief, said property is also known as 17 Dewey Rush Landing Road, Glennville, Georgia 30427, and the parties in possession of the property are Peggy N. Smith and Charles H. Smith or tenants of Peggy N. Smith and Charles H. Smith.

Notice has been given of intention to enforce provisions for collection of attorney fees and foreclosure in accordance with legal requirements and the terms of said Security Deed and Mortgage Note.

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 holder of the security deed.

U.S. Bank, N.A.,

as Trustee for

Manufactured Housing

Contract Senior/

Subordinate Pass-

Through

Certificate Trust 1998-3,

by Green Tree Servicing, LLC

as Servicer with

delegated authority

under the transaction documents,

as Attorney-in-fact for

Peggy N. Smith and

Charles H. Smith

Carellas & Newberry,

P.C.

Post Office Box 2599

Rincon, Georgia 31326

912-826-7100

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