SPECIAL REFEREE
NOTICE OF SALE
2017-CP-20-00106
BY VIRTUE of a decree heretofore granted in the case of: U.S. Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, Series MO 2006-HE6, Asset Backed Pass-Through Certificates, Series MO 2006-HE6 vs. Henry Beaty, Jr. a/k/a Henry R. Beaty, Jr.; et.al., I, the undersigned Carol A. Tolen, Special Referee for Fairfield County, or his designee will sell on Monday, April 2, 2018 at 11:00 AM, at the County Courthouse, 101 South Congress Street, Winnsboro, SC 29180, to the highest bidder:
All that certain piece, parcel or tract of land, with all the buildings and improvements thereon, situate in or near the Town of Winnsboro, County of Fairfield, State of South Carolina, shown on Property Map showing Housing Layout of United States Rubber Co., Winnsboro Mills, Fairfield County, South Carolina, by Southern Mapping & Engineering Company of Greensboro, North Carolina, dated July, 1946, as Lot No. 1401 in Block 1400, said plan being recorded in the Office of the Clerk of Court for Fairfield County, South Carolina, in Plat Book “4” at pages 65-71.
This being the same property conveyed to Henry Beaty, Jr. by deed of James David Smith, dated July 14, 2006 and recorded July 17, 2006 in Book 791 at Page 226 in the Office of the Clerk of Court for Fairfield County.
TMS No. 1450114005000
Property address: 540 Oak Street, Winnsboro, SC 29180
TERMS OF SALE: The successful bidder, other than the Plaintiff, will deposit with the Special Referee, at conclusion of the bidding, five percent (5%) of said bid is due and payable immediately upon closing of the bidding, in cash or equivalent, as evidence of good faith, same to be applied to purchase price in case of compliance, but to be forfeited and applied first to costs and then to Plaintiff’s debt in the case of non-compliance. In the event of a third party bidder and that any third party bidder fails to deliver the required deposit in certified (immediately collectible) funds with the Office of the Special Referee, said deposit being due and payable immediately upon closing of the bidding on the day of sale, the Special Referee will re-sell the subject property at the most convenient time thereafter (including the day of sale) upon notification to counsel for Plaintiff. Should the last and highest bidder fail or refuse to comply with the balance due of the bid within 30 days, then the Special Referee may re-sell the property on the same terms and conditions on some subsequent Sales Day (at the risk of the said highest bidder).
No personal or deficiency judgment being demanded, the bidding will not remain open after the date of sale, but compliance with the bid may be made immediately.
Purchaser to pay for documentary stamps on Special Referee’s Deed. The successful bidder will be required to pay interest on the balance of the bid from the date of sale to date of compliance with the bid at the rate of 4.750% per annum.
The Plaintiff may waive any of its rights, including its right to a deficiency judgment, prior to sale.
The sale shall be subject to taxes and assessments, existing easements and restrictions of record.
This sale is subject to all title matters of record and any interested party should consider performing an independent title examination of the subject property as no warranty is given.
The sale will not be held unless either Plaintiff’s attorney or Plaintiff’s bidding agent is present at the sale and either Plaintiff’s attorney or Plaintiff’s bidding agent enters the authorized bid of Plaintiff for this captioned matter. In the alternative, Plaintiff’s counsel, if permitted by the Court, may advise this Court directly of its authorized bidding instructions. In the event a sale is inadvertently held without Plaintiff’s Counsel or Counsel’s bidding agent entering the authorized bid of Plaintiff for this specifically captioned matter, the sale shall be null and void and the property shall be re-advertised for sale on the next available sale date.
Neither the Plaintiff nor its counsel make representations as to the integrity of the title or the fair market value of the property offered for sale. Prior to bidding you may wish to review the current state law or seek the advice of any attorney licensed in South Carolina.
____________________________
Carol A. Tolen
Special Referee for Fairfield County
Scott and Corley, P.A.
Attorney for Plaintiff
