NOTICE OF FORECLOSURE SALE UNDER POWER
HABERSHAM COUNTY, GEORGIA
Under and by virtue of the Power of Sale contained in a Security Deed given by Cindy Hogsed to Mortgage Electronic Registration Systems, Inc. as nominee for Southern Highlands Mortgage, dated October 28, 2010, and recorded in Deed Book 937, Page 505, Habersham County, Georgia Records, as last transferred to U.S. Bank National Association, not individually but solely as trustee for Bluewater Investment Trust 2018-1 by assignment recorded on July 25, 2018 in Book 1171 Page 110 in the Office of the Clerk of Superior Court of Habersham County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Two Hundred Eight Thousand Five Hundred and 0/100 dollars ($208,500.00), 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 Habersham County, Georgia, within the legal hours of sale on December 3, 2019, the following described property:
All that tract or parcel of land lying and being in Land Lot 168 of the 11th Land District, Habersham County, Georgia, containing 1.634 acres, designated as Tract #2, on plat of survey prepared by Kenyon L. Miller, RLS No. 2595, dated September 17, 2007 recorded in Plat Book 62, page 100, in the office of the Clerk of Superior Court of Habersham County, Georgia, which said plat is incorporated herein by reference and made a part of this description.
Subject to restrictions as set out in Deed Book 284, pages 392-393.
Subject to all easements, restrictions, reservations and rights-of-way of record, if any.
This is a portion of the property conveyed to Cindy B. Hogsed by virtue of a Warranty Deed from Mary Lou Dalton, Robert L. Black, R. Herman Black, Rita Irvin Hawkins, Brenda Irvin Vandiver, Mark Irvin, Beatrice M. Black and Keith Irvin dated May 27, 1992, recorded in Deed Book 284, page 392-393; and by virtue of a Quit Claim Deed from Jeffrey S. Hogsed, dated July 27, 2007, recorded in Deed Book 818, page 730.
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 Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Shellpoint Mortgage Servicing they can be contacted at 800-365-7107 for Loss Mitigation Dept, or by writing to 55 Beattie Place, Suite 110, Greenville, South Carolina 29601, to discuss possible alternatives to avoid foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Cindy B. Hogsed or tenant(s); and said property is more commonly known as 2500 Hwy 105, Demorest, GA 30535.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure.
U.S. Bank National Association, not individually but solely as trustee for Bluewater Investment Trust 2018-1 as Attorney in Fact for Cindy Hogsed.
Brock & Scott, PLLC
4360 Chamblee Dunwoody Road
Atlanta, GA 30341404-789-2661
B&S file no.: 19-13542