Richard Settoon 02 07 13
STATE OF GEORGIA
COUNTY OF CHATTOOGA
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Richard C. Settoon and Jennifer M. Settoon to Merill Lynch Credit Corporation dated August 13, 2004, and recorded in Deed Book 428, Page 546, Chattooga County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Bank of America, National Association, successor in interest by merger to Merrill Lynch Credit Corporation, by Assignment, securing a Note in the original principal amount of $216,000.00, 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, March 5, 2013, 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 situated, lying and being in Land Lots 250 and 255 in the 13th District and 4th Section of Chattooga County, Georgia and being more particularly described as follows:
beginning at a railroad rail in the southeast right-of-way of the James Town Road said rail being 311 feet as measured along said right-of-way from its intersection with the north line of Land Lot 250; thence south 49 degrees 29 minutes 57 seconds east 822.35 feet to a point; the south 49 degrees 29 minutes 57 seconds east 50 feet to a half inch rebar in the center of the old railroad right-of-way; thence south 40 degrees 22 minutes 12 seconds west 779.68 feet along the center of the old railroad right-of-way to a half inch rebar; thence north 32 degrees 00 minutes 41 seconds west 52.46 feet to a point; thence north 32 degrees 00 minutes 41 seconds west 882.56 feet to an iron pipe on the southeast right-of-way of James Town Road; thence along said right-of-way north 42 degrees 31 minutes 51 seconds east 499.01 feet to the Point of Beginning.
Said property is known as 593 Jamestown Road, Menlo, GA 30731, 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 Richard C. Settoon and Jennifer M. Settoon, successor in interest or tenant(s).
Bank of America, National Association, successor in interest by merger to Merrill Lynch Credit Corporation as Attorney-in-Fact for Richard C. Settoon and Jennifer M. Settoon
File no. 12-035714
SHAPIRO, SWERTFEGER & HASTY, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.