The News Observer 

Publication Name:
The News Observer

Publication URL:

Publication City and State:
Blue Ridge, GA

Publication County:
Fannin

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201601060128139491701
3220054595

Notice URL:

Notice Publish Date:
Wednesday, January 06, 2016

Notice Content

STATE OF GEORGIA COUNTY OF FANNIN NOTICE OF SALE UNDER POWER GEORGIA, FANNIN COUNTY, THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. By virtue of the power of sale contained in that certain Deed to Secure Debt from Hobert Daniel Brown to Janice Faye Davenport, dated the 11th day of July, 2006 and being recorded in Deed Book 732, Page 51-54, Fannin County, Georgia Deed Records, said Deed to Secure Debt having been given to secure a Note dated of even date, in the original principal sum of One Hundred Seven Thousand Five Hundred Forty Six and 60/100 Dollars ($107,546.60), with interest from date at the rate stated in said Note 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 Fannin County, Georgia, within the legal hours of sale on the first Tuesday in February, 2016, the following described property: All those tracts or parcels of land lying and being in the Town of Mineral Bluff, Fannin County, Georgia and being more particularly described as follows: Lots No. 90, 89 and part of 88 as described in that certain Deed from J.M. Davis to H.G. Dickey dated July 27, 1908 and that certain Deed from H.G. Dickey to U.S. Mull dated July 28, 1920 and recorded in Deed Book 5, Page 130, in the Office of the Clerk of Superior Court, Fannin County, Georgia. Also conveyed herewith is that tract or parcel of land lying and being in Land Lots 165 and 166 of the 8th District, 2nd Section, Fannin County, Georgia, and being in the Town of Mineral Bluff and being more particularly described as follows: Beginning 60 feet Southwest of what is or was known as the Ira M. Deavers Gardens at the Southwest corner of what was formerly the Dr. H. P. Hydes residence lot; then North along the Hydes lines to the center of Hemptown Creek; then along the meandering of said creek to Bridge street, thence in a Southeast direction along Bridge Street to the point of the beginning. Containing 4 acres, more or less, and being all the property heretofore owned by H.G. Dickey and his wife. The above parcels of property are part of the properties described in that certain Deed from U.S. Mull to J.T.L. Hartness dated July 28, 1920 and recorded August 16, 1920 in the Office of the Clerk of the Superior Court of Fannin County, Georgia. There is excepted from this conveyance herein that property more fully described in that certain Warranty Deed dated March 16, 1965 from heirs of J. T. L. Hartness to William Emerson Bailey and Bessie J. Bailey recorded in Deed Book 30, Page 577, in the Office of the Clerk of the Superior Court, Fannin County, Georgia. BEING the same property conveyed Nancy N. Buchanan by Quit-Claim Deed of Robert G. Buchanan, Sandra Jo Cruse f/k/a Sandra Jo Buchanan and William D. Buchanan dated August 23, 2001, recorded in Deed Book 406, Pages 795-796, Fannin County Records. Being and intended to be all that same property conveyed by Warranty Deed from Nancy N. Buchanan in favor of Robert G. Buchanan, William Dale Buchanan and Sandra Cruse, dated September 19, 2002, recorded July 18, 2003, in Deed Book 516, Pages 560-561, in Fannin County Deed Records. The debt secured by said Deed to Secure Debt 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, including attorney's fees. 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, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above. The persons that have full authority to negotiate, amend and modify all terms of the mortgage with the debtor are: Janice Faye Davenport, P.O. Box 341, Mineral Bluff, GA 30559. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Hobert Daniel Brown or a tenant or tenants. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt. Terry L. Wilson, as attorney-in-fact for Janice Faye Davenport. Terry L. Wilson, LLC, 316 Summit Street, Blue Ridge, Georgia 30513. (706) 946-6808 Jan. 6-27 #217686