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:
201512300111036020786
3220054170

Notice URL:

Notice Publish Date:
Wednesday, December 30, 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 from Dellon Binnon Ash, II and Billie L. Ash (hereinafter referred to as “Grantor”) to United Community Bank dated April 3, 2007, filed for record in Deed Book 1368, Page 380, and rerecorded in Deed Book 1575, Page 466, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (the “Deed to Secure Debt”), by that certain Modification dated April 21, 2008, filed for record in Deed Book 1473, Page 274, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (“Modification-1”), by that certain Modification of Security Deed dated April 29, 2009, filed for record in Deed Book 1552, Page 481, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (“Modification-2”), by that certain Modification of Security Deed dated November 24, 2009, filed for record in Deed Book 1587, Page 341, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (“Modification-3”), by that certain Modification of Security Deed dated June 23, 2010, filed for record in Deed Book 1620, Page 515, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (“Modification-4”), 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 1861, Page 440, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (the “Assignment”; the Deed to Secure Debt, Modification-1, Modification-2, Modification-3, Modification-4, 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 $109,417.77, 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 Gilmer 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 10th District and 2nd Section of Gilmer County, Georgia, and being in Land Lot No. 240, and being more particularly described as follows: BEGINNING at an iron pin located on the Southeasterly right of way of Boardtown Road, said beginning point being located as follows: Beginning at the Northwest corner of Land Lot No. 40 (also the common corner of Land Lots 228, 229, 240 and 241); thence running South 85° 29' East, 2,131.51 ft. to an iron pin located on the Northwesterly right of way of Boardtown Road; thence running South 56° 23' East, 105.5 ft. to an iron pin located on the Southeasterly right of way of Boardtown Road; thence along and following the Southeasterly right of way of Boardtown Road the following two courses and distances: South 63° 57' West, 208.7 ft.; South 53° 59' West 386.0 ft. to an iron pin on the Southeasterly right of way of Boardtown Road and the TRUE POINT OF BEGINNING; thence from said true point of beginning continuing along the right of way of Boardtown Road, South 53° 51' West, 160.1 ft. to an iron pin; thence running South 39° 27' East 53.1 ft. to an iron pin adjacent to a small branch; thence running South 03° 52' West, 273.0 ft. to an iron pin; thence South 77° 36' East, 33.0 ft. to an iron pin; thence running North 36° 39' East, 302.7 ft. to an iron pin; thence running North 43° 35' East, 49.9 ft. to an iron pin; thence running North 44° 29' West, 190.4 ft. to an iron pin located on the Southeasterly right of way of Boardtown Road 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. The above described property contains 1.27 acres and has a one-story brick house located thereon. The above described property is the same property as that conveyed to William H. Hollifield and Claudine Hollifield by survivorship warranty deed dated August 28, 1981, from John H. Sluder, recorded in Deed Book 105, Page 638, Gilmer 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 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 30305-6400 (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.