Notice Content
NOTICE OF SALE
UNDER POWER
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 and Security Agreement from Joseph D. Decker and Deborah M. Decker to THE BRAND BANKING COMPANY dated the 20th day of June, 2007, and recorded in Deed Book 48009 at Page 267, in the Records of the Clerk of Superior Court, Gwinnett County, Georgia (the Security Deed), there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the first Tuesday in April, 2016, the following described property:
All that tract and land lying and being in Land Lot 4, 5th District, Gwinnett County, State of Georgia, containing a net acreage of 26.301 acres, (excluding 0.229 acres in cemetery and 0.225 acres in easement to cemetery, and excluding 5.00 acres previously conveyed to Marge E. Smith) as shown on that survey for Galen Gates prepared by Hannon, Meeks, and Bagwell, Surveyors and Engineers, Inc. dated June 6, 1978, recorded in Plat Book 15, Page 77, Plat Records of Gwinnett County, and more particularly described as follows:
Beginning at an iron pin on the northwesterly right-of-way line of Lenora Church Road located 722.3 feet southwesterly as measured along said right-of-way line and following the curvature thereof from its intersection with the Land Lot Line separating Land Lots 4 and 29; thence run south 24 degrees 18 minutes 00 seconds west along the northwesterly right-of-way line of Lenora Church Road 650.30 feet to a point; thence run north 65 degrees 43 minutes 10 seconds west 287.95 feet to a point; thence run south 24 degrees 19 minutes 40 seconds west 225.93 feet to an iron pin; thence north 72 degrees 39 minutes 20 seconds west 1653.22 feet to a 30-inch poplar stump; thence north 61 degrees 42 minutes 10 seconds east 920.41 feet to an iron pin; thence run south 79 degrees 50 minutes 50 seconds east 1412.90 feet to an iron pin on the northwesterly right of way line of Lenora Church Road and the place or point of beginning.
This conveyance is subject to a 20 foot easement which runs parallel with the southwestern boundary line of the above-described property to a family cemetery as shown on the above-referenced plat of survey.
LESS AND EXCEPT: That certain cemetery containing 0.229 acres as shown on the above-referenced survey.
LESS AND EXCEPT: All that tract and parcel of land lying and being in Land Lot 4, 5th District, Gwinnett County, State of Georgia, being shown as Tract B containing 5 acres on a boundary survey prepared for Marge E. Smith dated August 17, 1987, by Pearson & Associates, Inc., and being described in accordance with said survey as follows:
To find the True Point of Beginning, being at an iron pin on the northwesterly right-of-way line of Lenora Church Road (based on an 80 foot right-of-way) 722.3 feet southwesterly as measured along said right-of-way line from its intersection with the north line of Land Lot 4; thence southwesterly along the northwesterly side of Lenora Church Road south 24 degrees 18 minutes 00 seconds west 103.13 feet to the True Point of Beginning; thence north 79 degrees 50 minutes 56 seconds west 884.73 feet to a 1/2 inch rebar set; thence south 03 degrees 20 minutes 40 seconds west 426.97 feet to a 1/2 inch rebar found; thence south 86 degrees 39 minutes 20 seconds east 441.50 feet to a 1/2 inch rebar set; thence north 03 degrees 20 minutes 40 seconds east 276.62 feet to a 1/2 inch rebar set; thence south 79 degrees 50 minutes 56 seconds east 404.08 feet to a 1/2 inch rebar set; thence northeasterly along the northwesterly side of Lenora Church Road north 24 degrees 18 minutes 00 seconds east 100.00 feet to a 1/2 inch rebar set at the True Point of Beginning.
The debt secured by said Security Deed has been and is herby 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 Security Deed and by law, including attorneys fees (notice of intent to collect attorneys 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, encumbrances, zoning ordinances, restrictions, covenants, special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: The Brand Banking Company, 141 Hurricane Shoals Road, N.E., Lawrenceville, Georgia 30046-4459. 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 Joseph D. Decker and Deborah M. Decker, or a tenant or tenants. 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.
THE BRAND BANKING COMPANY,
Attorney-in-Fact for Joseph D. Decker and Deborah M.
Decker
Christopher D. Holbrook, Esq.
MAHAFFEY PICKENS TUCKER, LLP
1550 North Brown Road
Suite 125
Lawrenceville, Georgia 30043
(770) 232-0000
950-404881, 3/10,17,24,31
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