Notice Content
NOS 4 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 Stephen Williams and Elizabeth McGee and by Promissory Note given by B & R Homes, LLC. to North Georgia National Bank, dated May 24, 2007 and recorded in Deed Book 00527, Page 0240-0246 Chattooga County, Georgia Records, and cross-referenced to Deed Book 00531, Page 0518-0524, Chattooga County, Georgia Records conveying the after-described property to secure a Note in the original principal amount of Five Hundred Three Thousand Two Hundred Thirty Two Dollars And Fifty Cents ($503,232.50) 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 situated, lying and being in Land Lot Nos. 79 and 102 in the 25th District and 3rd Section of Chattooga County, Georgia and being more particularly described as follows:
Beginning at a point which is the Southeast corner of Land Lot No. 79 and Northeast corner of Land Lot No. 102 and from said beginning point thence South 00 degrees 59 minutes 00 seconds East a distance of 221 feet; thence South 89 Degrees 01 minutes West a distance of 526 feet to a point in the center line of Dry Creek; thence in a Northwesterly direction and Northerly direction along with the center line of Dry creek the following courses and distances, to wit: North 57 degrees 59 minutes West a distance of 302.10 feet; North 70 degrees 45 minutes West a distance of 199.90 feet; North 62 degrees 15 minutes West a distance of 175.80 feet; North 51 degrees 39 minutes West a distance of 154.0 feet; North 49 degrees 57 minutes 30 seconds West a distance of 240.90 feet; North 45 degrees 00 minutes West a distance of 125.0 feet; North 21 degrees 32 minutes West a distance of 250.60 feet to a point where the center line of a private driveway crosses the center line of said Dry Creek; thence in a Northwesterly direction along and with the center line of said private drive the following courses and distances, to wit: North 78 degrees 18 minutes 00 seconds West a distance of 43.50 feet; North 65 degrees 30 minutes 30 seconds West a distance of 30.30 feet; North 40 degrees 11 minutes 10 seconds West a distance of 144.10 feet; North 43 degrees 27 minutes 00 seconds West a distance of 93.00 feet; North 53 degrees 39 minutes 40 seconds West a distance of 52.40 feet; North 62 degrees 00 minutes 00 seconds West a distance of 75 feet; North 66 degrees 42 minutes 50 seconds West a distance of 21.35 feet; North 85 degrees 22 minutes 40 seconds West a distance of 31.50 feet; South 85 degrees 22 minutes 10 seconds West a distance of 78.40 feet; North 24 degrees 57 minutes 20 seconds West a distance of 26.76 feet to appoint on the southerly right of way line of Dry Creek Road the following courses and distances, to wit: North 57 degrees 42 minutes 50 seconds thence in a Easterly direction along with the Southerly right of way line of Dry Creek Road East a distance of 70.75 feet; North 42 degrees 53 minutes 40 seconds East a distance of 61.20 feet; North 29 degrees 20 minutes 30 seconds East a distance of 62.70 feet; thence leaving the Southerly right of way line of Dry Creek Road South 65 degrees 24 minutes 30 seconds East a distance of 549.20 feet to a rock corner; thence South 72 degrees 08 minutes East a distance of 1516.80 feet to a point on the East line of Land Lot No. 79; thence South 00 degree 59 minutes East a distance of 392.90 feet to the point of beginning.
Reference is hereby made to a plat of said property dated October 5, 1986, prepared by Donald O. Babb, Registered Land Surveyor No. 2029. According to said plat, said property contains 26.25 acres.
TOGETHER with all of our right, title and interest in and to a private drive leading from the Easterly right of way of Dry Creek Road across Dry Creek, the centerline of said drive being more particularly described and noted within the above stated legal description.
AND ALSO
All that tract or parcel of land lying and being in Land Lot 79 in the 25th District and 3rd Section of Chattooga County, Georgia and being the same property as shown on a plat captioned Survey for Stephen Williams by Burke Land Surveying dated February 15, 2006 and being more particularly described as follows:
Beginning at a inch iron pin located on the East line of Land Lot 79, said pin being 392.90 feet North as measured from the Southeast corner of said land lot; thence from said beginning point North 74 degrees 17 minutes 38 seconds West 1529.99 feet to a point; thence North 67 degrees 34 minutes 08 seconds West 60.57 feet to a point, said point being the centerline of East Armuchee Creek; thence along said centerline of said creek North 43 degrees 59 minutes 59 seconds East 267.79 feet to a point; thence continuing along said creek North 35 degrees 22 minutes 41 seconds East 323.31 feet to a point; thence continuing along said creek North 31 degrees 55 minutes 04 seconds East 215.56 feet to a point; thence continuing along said creek North 63 degrees 46 minutes 49 seconds East 91.03 feet to a point; thence North 78 degrees 47 minutes 13 seconds East 61.69 feet to a point; thence South 46 degrees 53 minutes 08 seconds East 269.96 feet to a point; thence South 63 degrees 41 minutes 09 seconds East 305.46 feet to a point; thence South 67 degrees 20 minutes 32 seconds East 225.54 feet to a point; thence South 76 degrees 10 minutes 36 seconds East 215.22 feet to a point located on the East line of Land Lot 79, thence along the East line of Land Lot 29 South 00 degree 59 minutes 00 seconds East 670.59 feet to the point of beginning.
Said property containing 21.48 acres.
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, Elizabeth McGee and or a tenant or tenants and said property is more commonly known as vacant land Dry Creek Road, 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 Stephen Williams and Elizabeth McGee
Jesse L. Vaughn, Vaughn & Clements, PC. 109 W. Hicks Street, Calhoun, Georgia 30701
10-29c
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