Notice Content
STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale contained in a Security Deed from BARRY M. ROSENBERG and PATRICIA P. ROSENBERG to West Georgia National Bank l/k/a First National Bank of Georgia dated May 31, 2006, recorded June 6, 2006, in Deed Book 1271, Page 290, Gilmer County, Georgia records, as modified by Modification Agreement recorded in Deed Book 1339, Page 524 and Deed Book 1435, Page 461, Gilmer County, Georgia records, as transferred to Community & Southern Bank pursuant to that certain Purchase and Assumption Agreement dated as of January 29, 2010, by and among Community & Southern Bank, The Federal Deposit Insurance Corporation, Receiver of First National Bank of Georgia and The Federal Deposit Insurance Corporation, and as assigned to COMMUNITY & SOUTHERN BANK by Assignment recorded in Deed Book 1614, Page 460, Gilmer County Records, said Security Deed being given to secure the payment of a Note from BARRY M. ROSENBERG and PATRICIA P. ROSENBERG, together with interest due thereon on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Gilmer County, Georgia, within the legal hours of sale on the first Tuesday in October, 2015, the following described property:
All that tract or parcel of land lying and being in the 12th District and 2nd Section of Gilmer County, Georgia and being a part of Land Lots 289, 323 and 324, consisting of 20.86 acres, more or less, as shown on plat of survey for E.P. Urbanski, prepared by Joel Jordan, GRLS #2430. Said plat is recorded in Plat Book 44, Page 208, Gilmer County, Georgia records.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in Land Lot 323 of the 12th District, 2nd Section, Gilmer County, Georgia, and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, commence at an iron pin found at the intersection of Land Lots 289, 290, 323 and 324; from said intersection, run in a southerly directly along the land lot line common to Land Lots 290 and 323, South 03° 02' 38†West a distance of 106.36 feet to a point; continue thence along said land lot line common to Land Lots 290 and 323, South 03° 02' 38†West a distance of 760.67 feet to a point; thence leave said land lot line common to Land Lots 290 and 323 and running thence North 83° 53' 15†East a distance of 111.14 feet to a point, which point is the TRUE POINT OF BEGINNING.
From said TRUE POINT OF BEGINNING as established, running thence South 57° 08' 09†East a distance of 27.73 feet to a point; running thence North 86° 31' 00†East a distance of 179.54 feet to a point; running thence South 89° 40' 09†East 27.46 feet to a point; running thence South 03° 02' 38†West a distance of 340.87 feet to a point; running thence South 79° 02' 00†West 350.00 feet to an iron pin found on the line common to Land Lots 290 and 323; running thence along the line common to Land Lots 290 and 323 North 03° 02' 38†East a distance of 400.00 feet to a point; running thence North 83° 53' 15†East a distance of 111.14 feet to a point and the TRUE POINT OF BEGINNING.
Said tract consisting of 2.89 acres as shown on that certain survey prepared for Barry & Patricia Rosenberg, prepared by Cherry Log Survey Co., Joel Jordan, GA RLS #2430, dated November 20, 2006, revised August 18, 2014, job n. 5330 B 1.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in Land Lot 323 of the 12th District, 2nd Section, Gilmer County, Georgia, and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, commence at an iron pin found at the intersection of Land Lots 289, 290, 323 and 324; from said intersection, run in a southerly directly along the land lot line common to Land Lots 290 and 323, South 03° 02' 38†West a distance of 106.36 feet to a point; continue thence along said land lot line common to Land Lots 290 and 323, South 03° 02' 38†West 760.67 feet to a point; thence leave said land lot line common to Land Lots 290 and 323 and run North 83° 53' 15†East a distance of 111.14 feet to a point, which point is the TRUE POINT OF BEGINNING.
From said TRUE POINT OF BEGINNING as established, running thence North 58° 32' 14†West a distance of 27.88 feet to a point; running thence North 29° 35' 55†West a distance of 24.06 feet to a point; running thence North 04° 42' 08†West a distance of 37.75 feet to a point; running thence North 08° 54' 19†East a distance of 94.22 feet to a point; running thence North 01° 01' 27†East a distance of 45.20 feet to a point; running thence North 01° 25' 56†East a distance of 53.30 feet to a point; running thence North 09° 27' 01†East a distance of 47.12 feet to a nail set; running thence North 89° 45' 45†East a distance of 400.03 feet to a point; running thence South 00° 55' 48†West a distance of 318.00 feet to an iron pin set (#4 rebar); running thence North 89° 40' 09†West a distance of 150.61 feet to a point; continuing thence North 89° 40' 09†West a distance of 27.46 feet to an iron pin set (#4 rebar); running thence South 86° 31' 00†West a distance of 179.54 feet to an iron pin set (#4 rebar); running thence North 57° 08' 09†West a distance of 27.73 feet to a point, which point is the TRUE POINT OF BEGINNING.
Said tract consisting of 3.00 acres as shown on that certain survey prepared for Barry & Patricia Rosenberg, prepared by Cherry Log Survey Co., Joel Jordan, GA RLS #2430, dated November 20, 2006, revised August 18, 2014, job n. 5330 B 1.
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, easements, 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 BARRY M. ROSENBERG and PATRICIA P. ROSENBERG or a tenant or tenants.
COMMUNITY & SOUTHERN BANK,
as attorney in Fact for BARRY M. ROSENBERG and PATRICIA P. ROSENBERG
L. Lou Allen
Stites & Harbison, PLLC
520 West Main Street
Blue Ridge, Georgia 30513
(706) 632-7923
File No. CO608-00559
Back