Notice Content
STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER
Because of a default under the terms of the Security Deed executed by Robert L. Gaddis and Kathy S. Gaddis to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean and Whitaker Mortgage Corp. and its successors and assigns dated April 3, 2007, and recorded in Deed Book 1372, Page 430, Gilmer County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Selene Finance LP by Assignment, securing a Note in the original principal amount of $121,089.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, January 5, 2016, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 11TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA AND BEING A PORTION OF LAND LOT 233 AND 236 AS SHOWN ON A SURVEY FOR ROBERT L. AND KATHY GADDIS, PREPARED MAY 19, 1987, BY DONALD O. BABB AND BEING RECORDED IN PLAT BOOK 15, PAGE 209, GILMER COUNTY PLAT RECORDS, SAID PLAT BEING INCORPORATED HEREIN BY REFERENCE THERETO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY OF COUNTY ROAD 99 WITH THE NORTH ORIGINAL LINE OF LAND LOT 236, SAID POINT BEING LOCATED NORTH 89 DEG. 51' EAST 991.53 FEET FROM THE NORTHWEST ORIGINAL LINE OF LAND LOT 236; THENCE ALONG THE SOUTHEASTERLY RIGHT OF WAY OF SAID COUNTY ROAD 99 THE FOLLOWING COURSES AND DISTANCES: NORTH 41 DEG. 21' EAST 87.15 FEET; NORTH 56 DEG. 03' EAST 127.99 FEET; NORTH 51 DEG. 03' EAST 100.38 FEET TO AN IRON PIN; THENCE LEAVING SAID RIGHT OF WAY SOUTH 00 DEG. 05' EAST 100.38 FEET TO AN IRON PIN; THENCE NORTH 63 DEG. 05' EAST 244.93 FEET TO AN IRON PIN LOCATED IN THE CENTER OF AN OLD ROAD; THENCE ALONG THE CENTER OF OLD ROAD THE FOLLOWING COURSES AND DISTANCES: NORTH 72 DEG. 24' EAST 45.83 FEET; SOUTH 84 DEG. 18' EAST 116.98 FEET; NORTH 86 DEG. 31' EAST 38.96 FEET TO AN IRON PIN; THENCE LEAVING CENTERLINE OF OLD ROAD SOUTH 00 DEG. 00' EAST 360.00 FEET TO AN IRON PIN; THENCE NORTH 88 DEG. 37' WEST 933.41 FEET TO AN IRON PIN LOCATED ON THE WESTERLY SIDE OF A 20 FOOT WIDE ROAD EASEMENT THENCE ALONG SAID ROAD EASEMENT NORTH 55 DEG. 42' EAST 124.89 FEET TO AN IRON PIN LOCATED ON THE SOUTHEASTERLY RIGHT OF WAY OF COUNTY ROAD 99; THENCE ALONG SAID COUNTY ROAD THE FOLLOWING COURSES AND DISTANCES: NORTH 38 DEG. 56' EAST 107.56 FEET; NORTH 39 DEG. 36' EAST 123.87 FEET TO A POINT WHERE SAID RIGHT OF WAY INTERSECTS THE NORTH ORIGINAL LINE OF LAND LOT 236 AND THE POINT OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO ROBERT L. GADDIS AND KATHY GADDIS BY DEED FROM JERRY KINSER RECORDED 06/26/1987 IN DEED BOOK 205 PAGE 298, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF GILMER COUNTY, GEORGIA. TOGETHER WITH ALL IMPROVEMENTS NOW OR HEREAFTER ERECTED ON THE PROPERTY INCLUDING, BUT WITHOUT LIMITATION, THAT CERTAIN MANUFACTURED HOME LOCATED ON THE PROPERTY: 1988 MOBILE HOME, CHAMPION MODEL, VIN #048476C3999A, WITH CURRENT TITLE NUMBER 000000017227693 AND 1998 MOBILE HOME, CHAMPION MODEL, VIN #048476C3999B, WITH CURRENT TITLE NUMBER 000000017227692, WHICH BORROWER INTENDS AND DEEMS TO BE REALTY AND ALL EASEMENTS, APPURTENANCES AND FIXTURES NOW OR HEREAFTER A PART OF THE PROPERTY.
Said property is known as 1068 Blackberry Mountain Road, Ellijay, GA 30536, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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 proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law.
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 secured creditor.
The property is or may be in the possession of Robert L. Gaddis, Kathy S. Gaddis, Lisa Lynn Defoor, and Timothy Gaddis, successor in interest or tenant(s).
Selene Finance LP as Attorney-in-Fact for Robert L. Gaddis and Kathy S. Gaddis
File no. 15-054689
SHAPIRO PENDERGAST & HASTY, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770) 220-2535/CH
shapiroandhasty.com
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
11/25, 12/02, 12/09, 12/16, 12/23, 12/30, 2015
[FC-NOS]
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