NOTICE OF SALE
UNDER POWER
GEORGIA,
GWINNETT COUNTY
Because of default in the payment of the indebtedness, secured by a Security Deed executed by Baron Von Ellis to Mortgage Electronic Registration Systems, Inc. dated January 9, 2004 in the amount of $107,250.00, and recorded in Deed Book 36712, Page 32, Gwinnett County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the 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 in August, 2008 , during the legal hours of sale, at the Courthouse door in Gwinnett 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, together with improvements thereon, lying and being in Land Lot 294 of the 7th District of Gwinnett County, Georgia, within the city limits of Buford, containing .20 acres as shown and delineated on plat of survey prepared for Barney Williams by James G. Akins, Registered Land Surveyor, dated September 18, 1972, which plat is incorporated herein by reference, and being more particularly described according to said survey as follows:
To find the true Point of Beginning, commence at the intersection of the land lot lines common to Land Lots 269 and 294, said land lot line running along the centerline of Elliott Street (25 ft. Right-of-Way) and the Northeastern Right-of-Way of Smokey Road; thence run along said land lot line in the center of Elliott Street in a Northeasterly direction a distance of 413.4 feet to an iron pin, WHICH IS THE PLACE OR POINT OF BEGINNING; thence run North 26 Degrees 15 Minutes West a distance of 90.0 feet to an iron pin; thence run North 56 Degrees 41 Minutes East a distance of 90.0 feet to an iron pin; thence run South 38 Degrees 46 Minutes East a distance of 93.4 feet to an iron pin located at the centerline of Elliott Street on the land lot line common to Land Lots 269 and 294; thence run South 58 Degrees 37 Minutes West along said land lot line located in the center line of Elliott Street a distance of 110.0 feet to an iron pin; the place or Point of Beginning. LESS AND EXCEPT FROM THE PROPERTY DESCRIBED HEREIN IS THAT PORTION LOCATED WITHIN THE BOUNDS OF THE RIGHT-OF-WAY OF ELLIOTT STREET.
which has the property address of 396 Elliot Street, Buford, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
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.
Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Baron Von Ellis and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Baron Von Ellis
Anthony DeMarlo,
Attorney/apatterson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-13790 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
950-06593938,7/3,10,17,24,31