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:
201601270306093315221
3220054170

Notice URL:

Notice Publish Date:
Wednesday, January 27, 2016

Notice Content

STATE OF GEORGIA COUNTY OF FANNIN NOTICE OF SALE UNDER POWER Under and by virtue of the power of sale contained in a Security Deed from WILLIAM LEROY DILLARD and MARY LOU DILLARD to PEOPLES BANK OF FANNIN COUNTY N/K/A UNITED COMMUNITY BANK, dated October 10, 1996, recorded October 16, 1996, in Deed Book 253, Page 832, Fannin County, Georgia records, as last modified by Modification of Security Deed dated January 12, 2009, recorded in Deed Book 873, Page 150, Fannin County, Georgia records, said Security Deed being given to secure a Note from WILLIAM L. DILLARD and MARY LOU DILLARD dated January 31, 2007, in the original principal amount of Sixty Two Thousand Three Hundred Twenty Five and 60/100 ($62,325.60) Dollars, as modified, with interest thereon 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 Fannin County, Georgia, within the legal hours of sale on the first Tuesday in February, 2016, the following described property: TRACT ONE A certain parcel of land situated in Land Lot 32, in the 8th District and 2nd Section of Fannin County, Georgia, and being in the City of McCaysville, and being Lot No. 3 of that land denominated as the property of M. A. Collis Heirs, map and plat of which is recorded in Plat Book 2, page 239 recorded in the Office of the Clerk of the Superior Court of Fannin County, Georgia, and more particularly described as follows: Lot No. 3, beginning at a point (concrete marker with iron pin), said point being the Northeast corner of Lot No. 4, and Lot No. 5, which point of beginning is South 0 deg. 27' West a distance of 46.0 feet; thence North 81 deg. 33' East a distance of 229.46 feet to Colton Street; thence with West side of said Street North 5 deg. 20' East a distance of 50.0 feet; thence South 80 deg. 48' West a distance of 234.17 feet to the point of beginning, being the Northeast corner of Lot No. 3, containing 0.25 acres, more or less. TRACT TWO Lot 2, Beginning at a point (concrete marker with iron pin); said point being the Northeast corner of Lot 4 and 5, which point of beginning is South 0 deg. 27' West a distance of 92.0 feet to the Northeast corner of Lot 2; thence South 0 deg. 27' West a distance of 46.0 feet; thence North 82 deg. 21' East a distance of 224.57 feet to Colton Street; thence with West side of said Street North 5 deg. 20' East a distance of 50.0 feet; thence South 81 deg. 33' West a distance of 229.46 feet to the point of beginning, being the Northeast corner of Lot 2, containing 0.25 acres, more or less. TRACT THREE BEGINNING at a point (concrete marker) on East side of Lot 7; thence North 18 deg. 0' West a distance of 38.54 feet to the Southeast corner of Lot 8; thence North 18 deg. 0' West a distance of 153.09 feet to Northeast corner of Lot 8; thence South 56 deg. 35' West a distance of 146.00 feet to Colton Street; thence with East side of said street South 5 deg. 36' West a distance of 149.71 feet; thence South 82 deg. 40' East a distance of 66.60 feet; thence North 51 deg. 52' West a distance of 150.51 feet; thence South 18 deg. 0' West a distance of 38.54 feet to the Point of Beginning, 0.61 acres, more or less, and there being located upon said real estate one six room frame residence. The above described tract of land is Lot No. 8 as shown on a plat surveyed by Walter Marlette and Robert W. Taylor, July 26, 1961. Tract One, Tract Two and Tract Three above are the same property conveyed to William Leroy Dillard and wife, Mary Lou Dillard by Heirs Deed recorded in Deed Book 132, pages 177-78, Fannin County Records. TRACT FOUR A certain parcel of land situated in Land Lot No. 32, in the 8th District and 2nd Section of Fannin County, Georgia, and being in the City of McCaysville, and being Lot No. 7 of that land designated as the property of "M.A. Collis Heirs", map and plat of which is recorded in Plat Book 2, page 239, records of the office of the Clerk of the Superior Court of Fannin County, Georgia and made a part of this deed by reference thereto, said lot being described as follows: Lot No. 7: Beginning at a point (concrete marker) on the East side of Lot No. 7, said point being located South 18 deg. 0' West a distance of 38.54 feet from the Northeast corner of Lot No. 7; thence North 18 deg. 0' West a distance of 38.54 feet to an iron pin at the Northeast corner of Lot No. 7; thence South 51 deg. 52' West a distance of 150.51 feet to an iron pin; thence North 82 deg. 40' West a distance of 66.60 feet to an iron pin located on the East side of Colton Street; thence with the East side of said street South 5 deg. 36' West a distance of 109.31 feet to an iron pin; thence South 79 deg. 26' East a distance of 79.2 feet to an iron pin; thence North 54 deg. 34' East a distance of 180.79 feet to an iron pin; thence 15 deg. 20' West a distance of 68.75 feet to the point of beginning, being a concrete marker on the East side of Lot No. 7, containing 0.55 acre, more or less, and there being located upon said real estate one five room frame house being generally known as the "J.A. and Lydia Williamson homeplace property". BEING the same property conveyed to William Lee Roy Dillard and wife, Mary Lou Dillard by Warranty Deed of Larry Pittman dated July 5, 1981, recorded in Deed Book 72, page 57, Fannin County Records. TRACT FIVE All that tract or parcel of land lying and being in Land Lot No. 130, of the 8th District and 2nd Section of Fannin County, Georgia, and being more particularly described as follows: To reach the true point of beginning, start at the intersection of original Land Lot Nos. 122, 123, 131 and 130. From said Land Lot intersection, go South 68 deg. 35' 58" East a distance of 697.08 feet to a point in the center of access road located 9.68 feet Southwest of a 12" maple tree, said point being the Northwest corner of property herein conveyed and the True Point of Beginning. Thence North 66 deg. 49' 32" East a distance of 82.24 feet; thence North 56 deg. 15' 49" East a distance of 43.32 feet; thence North 78 deg. 56' 09" East a distance of 138.61 feet; thence North 86 deg. 53' 14" East a distance of 83.15 feet to a 5" Sourwood tree; thence South 09 deg. 42' 43" East a distance of 289.82 feet to a 6" Hickory tree; thence in a Southwesterly direction following a straight line approximately 366 feet to a 10" oak tree; thence North 42 deg. 39' 18" West a distance of 21.80 feet; thence North 15 deg. 0' 12" West arc = 105.13 feet; thence North 14 deg. 02' 12" West a distance of 182.53 feet; thence North 03 deg. 44' 37" West a distance of 132.72 feet to point of beginning and containing 3 acres, more or less. BEING AND INTENDED TO BE THE SAME PROPERTY CONVEYED UNTO Winston H. Cross and wife Gail S. Cross by Warranty Deed from Winston H. Cross and wife Gail S. Cross recorded on December 13, 1991 in Book 179, page 104 in the office of the Clerk of the Superior Court, Fannin County, Georgia. Subject to existing easements and right of ways for public roads, if any. Also subject to Fannin County, Georgia subdivision regulations. TRACT SIX All that tract or parcel of land lying and being in Land Lot No. 130 of the 8th District and 2nd Section of Fannin County, Georgia, and described as follows: BEGINNING at the intersection of Land Lot Nos. 122, 123, 131 and 130, thence South with the original line approximately 190 feet to an iron pin; thence an Easterly direction approximately 366 feet to an iron pin; thence a Southerly direction approximately 100 feet to an iron pin; thence a Southeasterly direction approximately 468 feet to an iron pin; thence an Easterly direction approximately 100 feet to an iron pin at a white oak tree; thence North 42 deg. 39' 18" West a distance of 21.80 feet; thence North 15 deg. 0' 12" West arc = 105.13 feet; thence North 14 deg 02' 12" West a distance of 182.53 feet; thence North 03 deg. 44' 37" West a distance of 132.72 feet; thence in a North direction approximately 250 feet to an iron pin on the original East and West line; thence in a West direction approximately 660 feet to point of beginning. Containing six (6) acres, more or less. BEING AND INTENDED TO BE THE SAME PROPERTY CONVEYED UNTO Winston H. Cross and wife Gail S. Cross by Warranty Deed from Wendell Cross recorded December 23, 1991 in Book 179, page 374 in the Office of the Clerk of the Superior Court, Fannin County, Georgia. Subject to existing easements and right of ways for public roads, if any. Also subject to Fannin County, Georgia subdivision regulations. TRACT SEVEN All that tract or parcel of land lying and being in Land Lot 130 of the 8th District and 2nd Section of Fannin County, Georgia, and being more particularly described as follows: To reach the true point of beginning, start at the intersection of original Land Lots 122, 123, 131 and 130. From said Land Lot intersection, go 650 feet to an iron rod at the northwest corner of the property herein conveyed, being the true point of beginning. Thence in an Easterly direction a distance of 670 feet to a 16" maple tree marked with an iron rod; thence a Southwesterly direction, a distance of 106 feet to the center of a stream where a cherry tree stands on the bank marked with an iron rod; thence in a Southeasterly direction following the center of the stream to a 12" maple tree marked with an iron rod; thence in a Southwesterly and Northwesterly direction along a fence a distance of 850 feet to the center of an access road. Said access road has a 12" white oak tree marked with an iron pin. Thence along and with the center of said access road in a Northerly direction a distance of 442 feet to a point in the center of said access road marked by a 12" maple tree on the road bank; thence leaving said access road and continuing in a Northerly direction a distance of 250 feet to the point of Beginning. BEING AND INTENDED TO BE THE SAME PROPERTY CONVEYED UNTO Winston H. Cross and wife Gail S. Cross by Warranty Deed from Wendell Cross recorded December 12, 1991 in Book 179, page 75 in the Office of the Clerk of the Superior Court, Fannin County, Georgia. ALL OF THE ABOVE TRACTS BEING AND INTENDED TO BE THAT SAME PROPERTY CONVEYED UNTO William Leroy Dillard and wife, Mary Lou Dillard by Warranty Deed form Winston H. Cross and wife, Gail S. Cross recorded 10/16/96 in Deed Book 253 , page 830-31, in the office of the Clerk of the Superior court, Fannin County, Georgia. Subject to existing easements and right of ways for public roads, if any. Also subject to Fannin County, Georgia subdivision regulations. 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 WILLIAM LEROY DILLARD and MARY LOU DILLARD or a tenant or tenants. PEOPLES BANK OF FANNIN COUNTY N/K/A UNITED COMMUNITY BANK, as attorney in Fact for WILLIAM LEROY DILLARD and MARY LOU DILLARD. Lou Allen Stites & Harbison, PLLC, 520 West Main Street Blue Ridge, Georgia 30513 (706) 632-7923 File No. 7484A-02052. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Jan. 6-27 #217458