Details for MITCHELL, CLAUDE
NOTICE OF SALE UNDER POWER CONTAINED IN DEED TO SECURE DEBT STATE OF GEORGIA COUNTY OF GWINNETT By virtue of the power of sale contained in a Secondary Deed to Secure Debt dated March 22, 2017 from Claude L. Mitchell and Elsie Patricia Mitchell (collectively the "Grantor" and/or "Borrower"), to William E. Harris (the "Grantee") recorded in Deed Book 55005, Page 60, Records of Gwinnett County, Georgia (the "Deed"), the Deed securing a promissory note dated March 22, 2017 in the original principal amount of $100,000 (the "Note") together with any and all other indebtedness owing by Grantor to Grantee, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Gwinnett County, Georgia, within the legal hours of sale on the first Tuesday in November 2019, the following described real property: ALL that tract or parcel of land lying and being in Duncan's G.M.D. 1749 of Gwinnett County, Georgia, consisting of 0.714 acres, more or less, and being a portion of Lot 6, Block "G", Executive Estates at Chateau Elan Subdivision, on a Plat of Survey prepared for Elmer Hopper Homes by Moreland Altobelli Associates, Inc., Registered Surveyor, dated April 10, 1998, revised October 23, 1998, which Plat is incorporated herein by reference and which property is more particularly described according to said Plat as follows: BEGINNING at an Iron Pin found on the Northeasterly Right-of-Way of Treon [Troon] Way (a 50.00-foot Right-of-Way), said Iron Pin being located 180.96 feet along said Right-of-Way of Treon [Troon] Way in a Northerly Direction from the nearest Right-of-Way of Golf Club Drive (a 50.00-foot Right-of-Way), as measured along said Right-of-Way of Troon Way; thence along said Right-of-Way of Treon [Troon] Way North 32 degrees 27 minutes 09 seconds West, 71.89 feet to a point; thence along the Right-of-Way of Troon Way Cul-de-sac in a Northerly direction, an arc distance of 71.68 feet to an Iron Pin found; thence leaving said Right-of-Way North 23 degrees 35 minutes 32 seconds East, 204.20 feet to an Iron Pin found; thence South 25 degrees 48 minutes 35 seconds East, 123.66 feet to an Iron Pin found; thence in a Southerly direction, an arc distance of 117.89 feet to an Iron Pin set, the chord course and distance between the last two (2) mentioned points being South 48 degrees 19 minutes 29 seconds East, 114.88 feet; thence South 53 degrees 29 minutes 07 seconds East, 114.88 feet; thence South 53 degrees 29 minutes 07 seconds West, 208.33 feet to an Iron Pin found; which is THE POINT OF BEGINNING. The indebtedness secured by the Deed has been and is hereby declared due in full because of, among other possible events of default, the nonpayment of the Note secured by the Deed when due. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Deed, accrued interest, expenses of the sale, and all other payments provided for under the Deed, including attorneys' fees (notice of intent to collect attorney's fees having been given), and the remainder, if any, shall be applied as provided by law. To the best of the undersigned's knowledge and belief, equitable title to said property is in Claude L. Mitchell and Elsie Patricia Mitchell and the party in possession of the Property is Claude L. Mitchell and Elsie Patricia Mitchell or tenants. The Property 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 with respect thereto, with no assurance afforded as to the exact acreage contained in the land description and subject to, among other exceptions: all unpaid ad valorem taxes and Tax Fifas, prior assessments, prior restrictions, prior security deeds, prior rights of way, prior easements of record, if any. The notice to Borrower pursuant to O.C.G.A. Section 44-14-162.2, has been provided by Lender to Borrower in accordance with said O.C.G.A. Section 44-14-162.2. Pursuant to O.C.G.A. Section 44-14-162.2, the name address and telephone number of the individual with authority to negotiate, amend and modify all terms of the Note and Deed on behalf of William E. Harris, is David A. Weissmann with Weissmann Zucker Euster Morochnik & Garber P.C., at 3495 Piedmont Road, Building 11, Suite 950, Atlanta, GA 30305 or (404) 364-2300. Consistent with the provisions of O.C.G.A. Section 44-14-162.2, William E. Harris is not required to negotiate, amend or modify the terms of the Loan. The sale will be conducted subject: (i) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (ii) to final confirmation and audit of the status of the loan(s) with the holder of the Deed. William E. Harris, as Agent and Attorney in Fact for Claude L. Mitchell and Elsie Patricia Mitchell. David A. Weissmann, Esq. Weissmann Zucker Euster Morochnik & Garber P.C. 3495 Piedmont Road, Building 11, Suite 950 Atlanta, GA 30305 (404) 364-2300 This law firm is attempting to collect a debt, and any information obtained will be used for that purpose.