Details for MCCARTY 5884020

NOTICE OF SALE UNDER POWER GEORGIA, GWINNETT COUNTY THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Joseph L McCarty and Benita M McCarty to M & I Bank, FSB, dated August 24, 2007, recorded in Deed Book 48240, Page 463, Gwinnett County, Georgia Records and as modified by that certain Loan Modification Agreement recorded in Deed Book 56112, Page 740, Gwinnett County, Georgia Records, as last transferred to U.S. Bank Trust National Association, as Trustee of CVF III Mortgage Loan Trust II by assignment recorded in Deed Book 55711, Page 498, Gwinnett County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FIFTEEN THOUSAND AND 0/100 DOLLARS ($215,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Gwinnett County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in June, 2020, the following described property: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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. U.S. Bank Trust National Association, as Trustee of CVF III Mortgage Loan Trust II is the holder of the Security Deed to the property in accordance with OCGA § 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Shellpoint Mortgage Servicing, 55 Beattie Place, Suite 110, Greenville, SC 29601, (800) 539-0267. To the best knowledge and belief of the undersigned, the party in possession of the property is Joseph L McCarty and Benita M McCarty or a tenant or tenants and said property is more commonly known as 617 Thornapple Trail, Lawrenceville, Georgia 30046. 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 Trust National Association, as Trustee of CVF III Mortgage Loan Trust II as Attorney in Fact for Joseph L McCarty and Benita M McCarty McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, GA 30076 www.foreclosurehotline.net EXHIBIT “A” ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 149 OF THE 5TH DISTRICT IN GWINNETT COUNTY, GEORGIA, BEING LOT 42, BLOCK A OF BRAND'S PLANTATION - UNIT III, AS PER PLAT RECORDED IN PLAT BOOK 62, PAGE 48 GWINNETT COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY INCORPORATED HEREIN BY REFERENCE, MAP REFERENCE # R5149-272. MR/lwa 6/2/20 Our file no. 5884020 - FT18

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