Notice Content
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA COUNTY OF FANNIN
Because of a default in the payment of the indebtedness evidenced by the Note (as hereinafter described), secured by a Security Deed from Dellon Binnon Ash, II and Billie L. Ash (hereinafter referred to as "Grantor") to United Community Bank dated December 2, 2004, filed for record in Deed Book 608, Page 65, in the Office of the Clerk of the Superior Court of Fannin County, Georgia (the "Deed to Secure Debt"), by that certain Modification of Security Deed dated October 18, 2006, filed for record in Deed Book 752, Page 407, in the Office of the Clerk of the Superior Court of Fannin County, Georgia ("Modification-1"), by that certain Modification of Security Deed dated October 18, 2007, filed for record in Deed Book 818, Page 806, in the Office of the Clerk of the Superior Court of Fannin County, Georgia ("Modification-2"), by that certain Modification of Security Deed dated October 23, 2008, filed for record in Deed Book 866, Page 659, in the Office of the Clerk of the Superior Court of Fannin County, Georgia ("Modification-3"), by that certain Modification of Security Deed dated April 29, 2009, filed for record in Deed Book 892, Page 26, in the Office of the Clerk of the Superior Court of Fannin County, Georgia ("Modification-4"), by that certain Modification of Security Deed dated November 24, 2009, filed for record in Deed Book 912, Page 440, in the Office of the Clerk of the Superior Court of Fannin County, Georgia ("Modification-5"), by that certain Modification of Security Deed dated June 23, 2010, filed for record in Deed Book 934, Page 663, in the Office of the Clerk of the Superior Court of Fannin County, Georgia ("Modification-6"), and thereafter conveyed by virtue of that certain Assignment of Security Instruments from United Community Bank to Peoples Bank of East Tennessee dated March 26, 2014, filed for record in Deed Book 1090, Page 348, in the Office of the Clerk of the Superior Court of Fannin County, Georgia (the "Assignment"; the Deed to Secure Debt, Modification-1, Modification-2, Modification-3, Modification-4, Modification-5, Modification-6, and the Assignment 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 in favor of United Community Bank dated June 23, 2010 in the original principal amount of $182,857.62, and that certain Modification of Promissory Note dated June 27, 2011 (hereinafter collectively 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 Fannin County, Georgia, within the legal hours of sale on the first Tuesday in January, 2016, the following described property:
All that tract or parcel of land lying and being in the 8th District, 2nd Section, Land Lot 278, in the City of Blue Ridge, Fannin County, Georgia, in the Jacob Weaver Addition to said City and being a portion of City Lots 345, 346 and 344, and being more particularly described as follows: Beginning at a point which is the Northwesterly corner of this property at the point where a water ditch merges with the Easterly margin of Ada Street (also known as Kilpatrick Street) which point of beginning is a common corner of this property and the property on the Northerly side thereof now (1974) known as the Garrett Property; thence from said point of beginning running Easterly along and the following the Garrett Property and said water ditch to a point located on the Westerly right-of-way of the L&N Railroad; thence running Southerly along the L&N Railroad right-of-way 108 feet to an iron pin located on the said right-of-way; thence running Westerly along and following a line parallel to an equi-distant from the aforementioned water ditch and Garrett boundary line to an iron pin located on the Easterly right-of-way of Ada Street; thence running North along and following the Easterly right-of-way of Ada Street 105 feet to the point of intersection of the centerline of the aforementioned water ditch and the Easterly right-of-way of Ada Street and the point of beginning, together with all fixtures and personal property attached to and constituting a part of said property, and replacements and additions. There being located one (1) residential dwelling on the above described property and this being the Northerly portion of that property conveyed to Fred Brendle and wife Verlie Brendle by deed recorded in Deed Book 50, page 606, in the office of the Clerk of Superior Court, Fannin County, Georgia.
The above described property is conveyed subject to any and all easements and rights-of-way as appearing of record.
The above described property is the same as that conveyed by Warranty Deed dated March 12, 2003, from Joseph Henry Adams and Molly Jane Adams to Paul G. Brown, recorded in Deed Book 494, page 48, Fannin County Deed Records.
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, Dellon Binnon Ash, II and Billie L. Ash 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 DELLON BINNON ASH, II and BILLIE L. ASH
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 30305-6400 (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.
Dec. 9-30
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