Details for Benjamin 5659619–FT17

NOTICE OF SALE UNDER POWER GEORGIA, CLAYTON 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 David A Benjamin and Tammy D Benjamin to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for First Option Mortgage, LLC, its successors and assigns., dated November 1, 2011, recorded in Deed Book 10031, Page 3, Clayton County, Georgia Records, as last transferred to Fifth Third Mortgage Company by assignment recorded in Deed Book 11333, Page 580, Clayton County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED FORTY-FOUR THOUSAND AND 0/100 DOLLARS ($344,000.00), 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 Clayton 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 November, 2019, 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. FIFTH§THIRD§BANK 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: Fifth Third Bank, 5001 Kingsley Drive, MD 1MOB-BW, Cincinnati, OH 45227, 800-375-1745opt3. To the best knowledge and belief of the undersigned, the party in possession of the property is David A Benjamin and Tammy D Benjamin or a tenant or tenants and said property is more commonly known as 2746 Emerald Drive, Jonesboro, Georgia 30236. 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. FIFTH§THIRD§BANK as Attorney in Fact for David A Benjamin and Tammy D Benjamin McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, Georgia 30076 EXHIBIT "A" LAND LOT 6 OF THE 6TH DISTRICT OF CLAYTON COUNTY GEORGIA BEING LOT 17, BLOCK "A", "LAKE SPIVEY ESTATES" AS PER PLAT RECORDED IN PLAT BOOK 5, PAGE 104, CLAYTON COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT ON THE NORTHERLY SIDE OF EMERALD DRIVE 385 FEET EASTERLY FROM WEST LINE OF LAND LOT 6; SAID POINT OF BEGINNING ALSO BEING THE SOUTHEAST CORNER OF LOT 18, SAID BLOCK AND SUBDIVISION; RUNNING THENCE EASTERLY ALONG THE NORTHERLY SIDE OF EMERALD DRIVE 175 FEET TO LOT 16, SAID BLOCK AND SUBDIVISION; RUNNING THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 16, 377 FEET TO THE SOUTHERLY EDGE OF LAKE SPIVEY; RUNNING THENCE WESTERLY ALONG THE SOUTHERLY EDGE OF SAID LAKE, AND FOLLOWING THE MEANDERINGS THEREOF, 175 FEET TO SAID LOT 18; RUNNING THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 18, 380.2 FEET TO THE NORTHERLY SIDE OF EMERALD DRIVE AND THE POINT OF BEGINNING; BEING IMPROVED PROPERTY AND HAVING A HOUSE LOCATE THEREON KNOWN AS NO. 2746 EMERALD DRIVE ACCORDING TO THE PRESENT SYSTEM OF NUMBERING HOUSES IN CLAYTON COUNTY, GEORGIA. MR/ved 11/5/19 Our file no. 5659619-FT17 950-616990, 10/9,16,23,30