Notice Content
NOS 3 10 08 15
NOTICE OF SALE UNDER POWER
GEORGIA, CHATOOGA COUNTY
Under and by virtue of the Power of Sale contained in a Security Deed given by B & R Homes, LLC. and Promissory Note given by Brian Carden and Stephen Williams to North Georgia National Bank, dated September 3, 2008 and recorded in Deed Book 00551, Page 0519-0526 Chattooga County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Seven Hundred Sixty One Thousand Seven Hundred Fifty Five Dollars and Zero Cents ($761,755.00) with interest thereon as set forth therein, will be sold at public outcry to the highest bidder for cash before the courthouse door of Chattooga County, Georgia, within the legal hours of sale on the first Tuesday, November, 2015, the following described property:
All that tract or parcel of land lying and being in Land Lot 21 in the 6th District and 4th Section of Chattooga County, Georgia and being Lot 7 and a part of Lot 6 of the former property of Harris G. Self as shown on a plat recorded in Plat Book 4, Page 15, Chattooga County, Georgia Records and being a part of that property as shown on a plat captioned Survey for Developers Four, LLC and by Morrison and Associates Surveyors dated January 9, 2005 and revised on March 17, 2005 and being more particularly described as follows:
Beginning at a point located at the northwest right of way of State Route 114 (aka Lyerly Highway) said point being 712.43 feet southwesterly as measured along said right of way from its intersection with the south right of way of Bellah Avenue; thence from said beginning point south 37 degrees 48 minutes 07 seconds west 99.24 feet along the northwesterly right of way of State Route 114 to inch rebar; thence leaving said right of way south 86 degrees 56 minutes 14 seconds west 252.90 feet to a point; thence north 03 degrees 03 minutes 46 seconds west 125 to a point; thence north 50 degrees 34 minutes 25 seconds east 154.40 feet to a point; thence south 52 degrees 04 minutes 48 seconds east 196.91 feet to a point; thence north 37 degrees 47 minutes 59 seconds east 20 feet to a point; thence south 52 degrees 11 minutes 51 seconds east 42 feet to the point of beginning.
Said property containing 1.04 acres, more or less.
Said property is conveyed together with a nonexclusive perpetual easement over and across any designated or marked throughway or driveway areas located from time to time adjoining said property to the north and being that property conveyed by Grantor herein to ESL Properties, LLC by warranty deed dated December 12, 2005 and recorded in Deed Book 490, Page 626 in the office of the Clerk of Superior Court of Chattooga County, Georgia, for the purpose of ingress and egress to and from the property hereby conveyed to State Route 114.
The property hereby conveyed is subject to a nonexclusive perpetual easement over and across the above described tract for the benefit of that property lying north of the property herein conveyed and more particularly described in that warranty deed dated December 12, 2005 from Grantor herein to ESL Properties, LLC and recorded in Deed Book, 490, Page 626 in the office of the Clerk of the Superior Court of Chattooga County, Georgia, for the purpose of ingress and egress to and from State Route 114.
The debt secured by said Security Deed has been and 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 Security Deed and by law, including attorneys fees (notice of intent to collect attorneys 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: North Georgia National Bank, 350 W. Belmont Drive, Calhoun, Georgia 30701, 706-629-6499. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is B&R Homes, LLC, Brain Carden, Stephen Williams and or a tenant or tenants and said property is more commonly known as 400 Highway 114, in Summerville, Chattooga County, Georgia 30747.
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.
North Georgia National Bank
As Attorney in Fact for B&R Homes, LLC,
Jesse L. Vaughn, Vaughn & Clements, PC. 109 W. Hicks Street, Calhoun, Georgia 30701
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