Notice Content
STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale contained in a Security Deed from JOEL DONALD STILLWELL to UNITED COMMUNITY BANK, dated April 5, 2012, recorded April 24, 2012, in Deed Book 1727, Page 323, Gilmer County, Georgia records, said Security Deed being given to secure a Note from JOEL D. STILLWELL dated April 5, 2012, in the original principal amount of Two Hundred Thirty Thousand and 00/100 ($230,000.00) Dollars, with interest thereon 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 Gilmer County, Georgia, within the legal hours of sale on the first Tuesday in December, 2015, the following described property:
TRACT 1
All that tract or parcel of land lying and being in Land Lot 321 of the 10th District and 2nd Section of Gilmer County, Georgia, consisting of 1.03 acres, more or less, as shown on plat of survey for Joel D. Stillwell. Said plat, dated June 1994, prepared by Joel Jordan, GRLS No. 2430, is recorded in Plat Book 25, Page 245, Gilmer County, Georgia records, with reference made thereto for the purpose of incorporating the same herein.
Included with this conveyance is a 30 foot wide road easement, shown on the within-cited plat, beginning at Stillwell Road and the Southwest corner of the within-described tract. Also included are non-exclusive water rights to the spring located approximately 100 feet South of the Easterly corner of the within-cited tract, including the right to lay and maintain a waterline leading from said spring to the tract herein conveyed.
TRACT 2
All that tract or parcel of land lying and being in Land Lots 292, 320, 321 and 322 of the 10th District, 2nd Section of Gilmer County, Georgia, and Land Lot 4 of the 11th District, 2nd Section of Gilmer County, Georgia and being more particularly described as Tract A, containing 130.72 acres, more or less, as shown on that certain plat of survey for Joel D. Stillwell by Joel Jordan, GRLS No. 2430, dated November 25, 2011 and recorded in Plat Book 55, Page 48, Gilmer County, Georgia deed records. Said plat is incorporated herein by reference for a more complete description of the subject property.
Also conveyed herewith is a perpetual, non-exclusive easement for ingress, egress and the placement of utilities across that certain 0.32 acre parcel located in Land Lot 320 of the 10th District, 2nd Section of Gilmer County Georgia, identified as “Tract B†on plat of survey for Joel D. Stillwell, Community Bank of Pickens County & Stewart Title Guaranty Company, by Joel Jordan, GRLS No. 2430, dated October 12, 2010 and revised December 7, 2011 and recorded in Plat Book 55, Page 49, Gilmer County Georgia Deed Records. Said easement shall forever burden the 0.32 acre parcel described in this paragraph, and shall forever benefit that certain tract or parcel identified as Tract A, being 21.31 acres, shown on plat of survey for Joel D. Stillwell, Community Bank of Pickens County & Stewart Title Guaranty Company referenced in this paragraph. Said easement shall run with the land.
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 JOEL DONALD STILLWELL or a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for JOEL DONALD STILLWELL
L. Lou Allen
Stites & Harbison, PLLC
520 West Main Street
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-03762
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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