Notice Content
Scott Smith 2 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 Lee Smith and Christy Jean Smith to United Community Bank, dated September 2, 2005, recorded September 7, 2005, in Deed Book 483, Page 684, Chattooga County, Georgia records, as last modified by Modification of Security Deed dated August 25, 2010, recorded in Deed Book 578, Page 368, Chattooga County, Georgia records, said Security Deed being given to secure a Note from Scott Lee Smith and Christy Jean Smith dated August 25, 2010, in the original principal amount of One Hundred Forty Two Thousand Five Hundred One and 56/100 ($142,501.56) 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 No. 183 in the 5th District and 4th Section of Chattooga County, Georgia and being more particularly described as follows:
Start at the Southeast corner of Land Lot No. 183; thence along the East Land Lot line of Land Lot No. 183, North 01 degrees 13 minutes 52 seconds West a distance of 326.86 feet to a one-half inch rebar and the point of beginning of the property herein conveyed; and from said beginning point continuing along and with the East Land Lot Line of Land Lot 183, North 01 degrees 13 minutes 52 seconds West a distance of 963.41 feet to a one-half inch rebar set; thence North 76 degrees 30 minutes 00 seconds West a distance of 337.49 feet to the Easterly right-of-way of Unity Church Road (40 R/W) thence in a Southwesterly direction along and with the Easterly right-of-way of Unity Church Road the following courses and distance, to-wit: South 27 degrees 18 minutes 33 seconds West 98.51 feet, South 28 degrees 37 minutes 13 seconds West 48.93 feet, South 30 degrees 03 minutes 25 seconds West 341.56 feet, South 31 degrees 00 minutes 21 seconds West 176.79 feet, South 32 degrees 11 minutes 49 seconds West 109.28 feet, South 33 degrees 33 minutes 38 seconds West 152.15 feet, South 30 degrees 14 minutes 24 seconds West 64.18 feet, South 21 degrees 05 minutes 12 seconds West 26.72 feet, South 16 degrees 13 minutes 17 seconds West 19.41 feet, South 11 degrees 01 minutes 25 seconds West 26.68 feet and South 03 degrees 35 minutes 10 seconds West 37.49 feet; thence South 84 degrees 37 minutes 38 seconds East 880.65 feet to the point of beginning.
Said property containing 14.01 acres and designated as Tract No. 2 on a plat thereof prepared by K. C. Campbell, Georgia Registered Land Surveyor No. 2256, dated November 2, 2001 entitled: Plat of Survey for Jack B. Allen, said plat being recorded in Plat Book 10, Page 119, in the Office of the Superior Court of Chattooga County, Georgia.
Source of Title: Survivorship Deed from Jack B. Allen to Scott Lee Smith and Christy Jean Smith dated January 9, 2002 and recorded in Deed Book 392, Page 747 and Deed to Secure Debt from Scott Lee Smith and Christy Jean Smith to Jack B. Allen recorded in Deed Book 392, Page 749, Chattooga County Deed records.
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 Lee Smith and Christy Jean Smith or a tenant or tenants.
United Community Bank, as attorney in Fact for Scott Lee 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-03759
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