Notice Content
Scott Smith 1 10 08 15
STATE OF GEORGIA
COUNTY OF CHATTOOGA
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale contained in a Security Deed from Scott L. Smith and Christy Jean Smith to United Community Bank, dated March 7, 2008, recorded March 13, 2008, in Deed Book 543, Page 679, Chattooga County, Georgia records, as modified by Modification of Security Deed dated April 19, 2013, recorded in Deed Book 616, Page 238, Chattooga County, Georgia records; also that certain Assignment of Rents dated April 19, 2013 and recorded in June 10, 2013 in Deed Book 616, Page 241, Chattooga County, Georgia records, said Security Deed being given to secure a Note from Scott L. Smith and Christy Jean Smith dated April 19, 2013, in the original principal amount of Forty Four Thousand Three Hundred Thirteen and 67/100 ($44,313.67) Dollars, with interest due thereon per annum 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 Chattooga County, Georgia, within the legal hours of sale on the first Tuesday in November, 2015, the following described property:
All that tract or parcel of land lying and being in Land Lot 3 in the 13th District and 4th Section of Chattooga County, Georgia and being part of Lot 12, Block D in West Spring Street, Harlow Subdivision as shown on a plat recorded in Plat Book 2, Page 3, and as re-surveyed by Carl N. Morrison by survey dated June 10, 1985, and being more particularly described as follows:
Beginning at an iron pin on the west right-of-way of Clyde Street said pin being North 8 degrees 52 minutes west 350.17 feet from the intersection of the west right-of-way of Clyde Street and the north right-of-way of State Highway 48, said point also being the northeast corner of Lot 38; thence South 81 degrees 11 minutes 13 seconds West 148.95 feet to an iron pin; thence North 7 degrees 57 minutes 48 seconds West 85 feet to an iron pin; thence North 81 degrees 11 minutes 12 seconds East 147.61 feet to an iron pin on the West right-of-way of Clyde Street; thence South 8 degrees 52 minutes 13 seconds East 85 feet to the West right-of-way of Clyde Street to the Point of Beginning.
Being the same property conveyed to Amy Marie Crowe by Joseph Crowe by deed dated July 25, 2003 and recorded in Deed Book 433, Page 566.
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 Scott L. Smith and Christy Jean Smith or a tenant or tenants.
United Community Bank, as attorney in Fact for Scott L. Smith and Christy Jean Smith
L. Lou Allen
Stites & Harbison, PLLC
520 West Main Street
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-03760
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