Times-Courier Publishing Co. Inc. 

Publication Name:
Times-Courier Publishing Co. Inc.

Publication URL:

Publication City and State:
Ellijay, GA

Publication County:
Gilmer

Notice Popular Keyword Category:

Notice Keywords:
foreclosure foreclosures

Notice Authentication Number:
201510280204000325357
3220054120

Notice URL:

Notice Publish Date:
Wednesday, October 28, 2015

Notice Content

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF GILMER Because of a default in the payment of the indebtedness evidenced by the Note (as hereinafter described), secured by a Security Deed and Agreement from W. Ray Ozmore (hereinafter referred to as “Grantor-1”) to Gilmer County Bank, a division of Appalachian Community Bank, dated January 13, 2005, filed for record in Deed Book 1115, Page 65, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (“Deed to Secure Debt-1”), by a Security Deed and Agreement from W. Ray Ozmore and Gwen M. Ozmore (hereinafter referred to as “Grantor-2”; Grantor-1 and Grantor-2 are hereinafter occasionally collectively referred to as “Grantor”) to Gilmer County Bank, a division of Appalachian Community Bank, dated May 31, 2005, filed for record in Deed Book 1150, Page 321, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (“Deed to Secure Debt-2”), by that certain Modification Agreement given by Grantor-1 to Community & Southern Bank, as successor in interest to the FDIC, Receiver to Gilmer County Bank (a division of Appalachian Community Bank) dated August 9, 2012, filed for record in Deed Book 1751, Page 17, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (“Modification-1”), by that certain Modification Agreement given by Grantor-1 and Grantor-2 to Community & Southern Bank, as successor in interest to the FDIC, Receiver to Gilmer County Bank (a division of Appalachian Community Bank) dated August 9, 2012, filed for record in Deed Book 1751, Page 16, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (“Modification-2”), by that certain Transfer and Assignment of Loan Servicing and/or Administrative Rights from Community & Southern Bank (for loans previously held by Appalachian Community Bank to which Community & Southern Bank is successor-in-interest) to Peoples Bank of East Tennessee, as successor-in-interest to Appalachian Community Bank, FSB dated September 16, 2015, filed for record in Deed Book 1939, Page 76, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (“Assignment-1”), and by that certain Transfer and Assignment of Loan Servicing and/or Administrative Rights from Community & Southern Bank (for loans previously held by Appalachian Community Bank to which Community & Southern Bank is successor-in-interest) to Peoples Bank of East Tennessee, as successor-in-interest to Appalachian Community Bank, FSB dated September 16, 2015, filed for record in Deed Book 1979, Page 78, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (“Assignment-2”; Deed to Secure Debt-1, Deed to Secure Debt-2, Modification-1, Modification-2, Assignment-1, and Assignment-2 are hereinafter collectively referred to as the “Security Deed”), the undersigned, Peoples Bank of East Tennessee, pursuant to said Security Deed and that certain Promissory Note from W. Ray Ozmore and Gwen M. Ozmore to Community & Southern Bank dated August 9, 2012, in the original principal amount of $308,390.17 (hereinafter referred to as the “Note”) has declared the entire amount of said indebtedness due and payable. Therefore, pursuant to and by virtue of the power of sale contained in the Security Deed, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door on the courthouse steps at Gilmer 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 193 in the 10th District and 2nd Section of Gilmer County, Georgia, containing 10.61 acres, as per plat made by Phillip G. Allen, GRLS No. 2495, dated June, 2002, recorded in Plat Book 39, Page 15, Gilmer County, Georgia Records, which reference is made for the purpose of incorporating the same as a part herein, together with all improvements located thereon, and together with all fixtures and personal property attached to and constituting a part of said property, and replacements and additions. Also conveyed herein is a 40 foot wide easement for the purpose of ingress and egress and for the further purpose of constructing, installing, maintaining, repairing and using utilities over and across Newberry Street, as shown on the above-referenced plat, and also conveyed herewith is any and all interest in and to any access road or rights of way or other ingress/egress rights to the above described property. The above-described property is hereby conveyed subject to the following restrictions which are covenants to run with the title to the land: No tents, mobile homes, double wide homes, or trailers may be located on subject property. No Junk Yards or commercial businesses of any nature are permitted. No farm animals other than horses shall be allowed on the subject property. No poultry houses shall be allowed on subject property. All homes constructed on subject property shall contain a minimum of 1200 square feet of heated living area. LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 193 in the 10th District and 2nd Section of Gilmer County, Georgia, containing 5.00 acres, as per plat made by Joel Jordan, GRLS #2430, dated December 4, 2007, recorded in Plat Book 51, Page 11, Gilmer County, Georgia Records, and which was conveyed by virtue of a Warranty Deed from W. Ray Ozmore to Michael James McClure, dated December 14, 2007, and recorded in Deed Book 1441, Page 20, Gilmer County, Georgia Records. -AND- All that tract or parcel of land lying and being in the City of Ellijay in the 11th District and 2nd Section of Gilmer County, Georgia, and being a part of Original Land Lot No. 47, containing 0.25 acre, as per plat made by Joel Jordan GRLS No. 2430, dated March 03, 1999, recorded in Plat Book 32, Page 231, Gilmer County, Georgia Records, which plat by reference thereto shall be fully incorporated herein and made a part hereof, together with all fixtures and personal property attached to and constituting a part of said property, and replacements and additions. TOGETHER WITH all of the buildings, building materials, fixtures and improvements on, in and to the property and all easements, rights, rents, royalties, mineral, oil and gas rights, profits and water rights. The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale, and all other payments provided for under the Security Deed, including permitted attorneys' fees as provided in the Note and Security Deed, notice of intention to collect attorneys' fees and expenses of the foreclosure having been given as provided by law and as provided by the terms of the Security Deed; and the remainder, if any, shall be applied as provided by law. To the best knowledge and belief of the undersigned, W. Ray Ozmore and/or Gwen M. Ozmore are in possession of said property. Said property will be sold subject to any prior restrictive covenants, easements, rights-of-way, valid zoning ordinances, matters which would be disclosed by an accurate survey of the property or by an inspection of the property, and any liens or encumbrances superior to the Security Deed first set out above, and subject to all outstanding taxes, assessments, and utility bills which may constitute a lien against said property, whether due and payable or not yet due and payable. Peoples Bank of East Tennessee hereby notifies Grantor that Peoples Bank of East Tennessee remains the holder of the security interest set forth in the Security Deed. Grantor may communicate with Peoples Bank of East Tennessee by contacting Mr. Doug Richesin, Peoples Bank of East Tennessee, P.O. Box 128, Madisonville, Tennessee 37354, or by telephone at (423) 442-7262. Mr. Richesin has full authority to negotiate, amend, and modify all terms of the Security Deed with Grantor. PEOPLES BANK OF EAST TENNESSEE, as Attorney-in-Fact for W. RAY OZMORE and GWEN M. OZMORE By: Thomas E. Austin, Jr., Attorney for Peoples Bank of East Tennessee Thomas E. Austin, Jr., LLC 3475 Piedmont Road, N.E. Suite 1100 Atlanta, Georgia 30305 (404) 814-3755 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.