Notice Content
STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from James Kincaid and Tracie Kincaid to Loran C. McVey and Donna W. McVey, dated December 10, 2010, and recorded December 15, 2010 in Deed Book 1646, Pages 348-351, Gilmer County, Georgia Records, said Deed to Secure Debt having been given to secure a Note dated December 10, 2010, in the original sum of SEVENTY THOUSAND AND 00/100 DOLLARS ($70,000.00) and all renewals thereof, with interest from date at rate stated in said Note on the unpaid principal balance until paid, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in April of 2016, which is April 5, 2016, the following described real property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 259, 6TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, CONTAINING 1.55 ACRES, AS PER PLAT RECORDED IN PLAT BOOK 40, PAGE 253B, GILMER COUNTY RECORDS, WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE.
ALSO CONVEYED IS A 30 FOOT WIDE ROAD EASEMENT ALONG AN EXISTING SEMI-PRIVATE ROAD TO A PUBLIC ROAD.
ALSO, EBENEZER BAPTIST CHURCH AND CALVIN GROGAN HAVE PARTIAL FREE WATER RIGHTS TO SPRING AS SHOWN ON PLAT ALONG WITH A 10' FOOT WIDE EASEMENT FROM SAID SPRING FOR THE PURPOSE OF INSTALLING AND MAINTAINING WATER LINES.
TOGETHER WITH ALL IMPROVEMENTS NOW OR HEREAFTER ERECTED ON THE PROPERTY INCLUDING, BUT WITH LIMITATION, THAT CERTAIN MANUFACTURED HOME LOCATED ON THE PROPERTY: 2004 CLAY MANUFACTURED HOME, WITH VIN #CLR020971TNAB, WITH CURRENT TITLE NUMBER 779478103360103, WHICH BORROWER INTENDS AND DEEMS TO BE REALTY AND ALL EASEMENTS, APPURTENANCES AND FIXTURES NOW OR HEREAFTER A PART OF THE PROPERTY.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of, among other possible events of default, default in the payment of the indebtedness secured thereby. This sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees, (notice having been given as provided by law). The property will be sold as the property of The Aforesaid Grantor subject to the following: (1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property; whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above. 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 holder of the security deed. To the best of the undersigned's knowledge and belief, the party in possession is James Kincaid and Tracie Kincaid. The property is located at 519 Licklog Trail, Ellijay, Georgia 30536. The undersigned will execute a deed to the purchaser at said sale as provided by the Deed to Secure Debt.
Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, or the name address and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a).
Loran C. McVey and Donna W. McVey
Attorney in Fact for James Kincaid and Tracie Kincaid
JOHN E. MAHAN
Attorney at Law
28 Old Highway 5 North
Ellijay, GA 30540
706-635-5955
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
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