Terry Smith and Mildred Roberson 20026
NOTICE OF SALE UNDER POWER GEORGIA, EFFINGHAM COUNTY By virtue of a Power of Sale contained in that certain Security Deed from TERRY SMITH and MILDRED ROBERSON to DITECH FINANCIAL LLC, dated September 26, 2017, recorded November 21, 2017, in Deed Book 2438, Page 356-360, Effingham County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Eighty-Seven Thousand Two Hundred Eighty-Four and 00/100 dollars ($187,284.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to U.S. Bank National Association, not in its individual capacity, but solely as Trustee of the NRZ Pass-Through Trust VII-B (Pref), there will be sold at public outcry to the highest bidder for cash at the Effingham County Courthouse, within the legal hours of sale on the first Tuesday in May, 2024, all property described in said Security Deed including but not limited to the following described property: ALL THAT LOT, TRACT, OR PARCEL OF LAND SITUATE, LYING, AND BEING LOCATED IN THE 10th G.M. DISTRICT, EFFINGHAM COUNTY, GEORGIA, CONTAINING 1.00 ACRE, MORE OR LESS, AS SHOWN ON PLAT OF SURVEY FOR LONNIE GLEATON, DATED FEBRUARY 19, 2007 AND PREPARED BY MARLIN NEVIL, G.R.L.S., AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" REBAR SET ON THE SOUTH WEST RIGHT OF WAY OF THOMAS CIRCLE (COUNTY DIRT ROAD NO. 66), SAID REBAR BEING 1,269.71 FEET SOUTH OF THE INTERSECTION OF THE SOUTH RIGHT OF WAY OF CHESTER THOMAS ROAD (COUNTY DIRT ROAD NO. 65), AND BEING THE POINT OF BEGINNING. THENCE, SOUTH 26 DEGREES 35 MINUTES 14 SECODNS EAST A DISTANCE OF 29.61 FEET TO A 1/2" REBAR SET; THENCE, SOUTH 25 DEGREES 23 MINTUES 24 SECONDS EAST, A DISTANCE OF 179.16 FEET TO A 5/8" REBAR FOUND; THENCE, SOUTH 63 DEGREES 39 MINTUES 09 SECONDS WEST, A DISTANCE OF 208.73 FEET TO A 1/2" REBAR SET; THENCE, NORTH 25 DEGREES 34 MINUTES 06 SECONDS WEST, A DISTANCE OF 209.06 FEET TO A 1/2" REBAR SET; THENCE, NORTH 63 DEGREES 44 MINUTES 05 SECONDS EAST, A DISTANCE OF 208.76` TO A 1/2" REBAR SET AND BEING THE POINT OF BEGINNING. THE WITHIN DESCRIBED PARCEL BEING A PORTION OF THAT CERTAIN 8.79 ACRE TRACT OF LAND DESIGNATED AS TRACT 1-A ON PLAT OF SURVEY RECORDED IN PLAT CABINET "B", SLIDE 100-F, AFORESAID RECORDS. Said legal description being controlling, however the property is more commonly known as 271 THOMAS CIR, SPRINGFIELD, GA 31329. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed. Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: 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; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is TERRY SMITH, MILDRED ROBERSON, ESTATE AND/ OR HEIRS OF LAW OF TERRY SMITH , or tenants(s). 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. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: NewRez LLC, F/K/A New Penn Financial, LLC, D/B/A Shellpoint Mortgage Servicing, Loss Mitigation Dept., 75 Beattie Place Ste. 300, Greenville, SC 29601, Telephone Number: 800-365-7107. Nothing in O.C.G.A. Section 44-14-162.2 shall be construed to require a secured creditor to negotiate, amend, or modify the terms of the mortgage instrument. U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF THE NRZ PASS-THROUGH TRUST VII-B (PREF) as Attorney in Fact for TERRY SMITH, MILDRED ROBERSON THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lublin, LLC 3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071 Telephone Number: (877) 813-0992 Case No. SHP-22-06441-6 20026 5/1/24 RL