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NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT STATE OF GEORGIA COUNTY OF FANNIN Under and by virtue of the Power of Sale in a certain Deed to Secure Debt from JERRY C. WILSON, Grantor, to COMMUNITY BANK OF PICKENS COUNTY, Grantee, dated October 7, 2011, recorded in Deed Book 983, pages 372-384, Fannin County, Georgia records, said Deed to Secure Debt having been given to secure a Promissory Note dated September 7, 2014, in the principal amount of $80,795.98, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse of Fannin County, Georgia, or at such other location as established by O.C.G.A. Section 9-13-161(c), on the first Tuesday in June 2016, to-wit, June 7, 2016, to the highest and best bidder for cash, the following described property: ALL THAT TRACT or parcel of land lying and being in Land Lot 44 of the 7th District, 2nd Section, Fannin County, Georgia, and being more particularly described as follows: BEGINNING at a point at the intersection of the southeasterly right-of-way line of Old Highway 5 (County Road 192) a 60-foot right-of-way and the centerline of an old road; thence along the centerline of the old road the following courses and distances: South 86 degrees 36 minutes 20 seconds East 25.26 feet to a point; North 73 degrees 55 minutes 17 seconds East 118.12 feet to a point; thence South 87 degrees 39 minutes 52 seconds East 53.72 feet to a point (said point being located South 58 degrees 49 minutes 56 seconds East a distance of 134.89 feet from the center of an 18-inch concrete pipe located on the southeasterly right-of-way line of Old Highway 5); thence leaving the centerline of the old road and running thence along a fence line the following courses and distances: South 28 degrees 34 minutes 16 seconds West 96.71 feet to a point; thence South 28 degrees 09 minutes 12 seconds West 153.27 feet to a point; thence South 27 degrees 46 minutes 28 seconds West 135.89 feet to a point; thence South 29 degrees 05 minutes 36 seconds West 115.75 feet to a point; thence leaving the fence line and running thence North 52 degrees 07 minutes 45 seconds West 244.11 feet to a nail set; thence North 42 degrees 15 minutes East along the southeasterly right-of-way line of Old Highway 5, 354.70 feet to a point and the point of beginning and being more particularly described on survey dated March 6, 1990, for Robert A. Wood and Tammy H. Wood by Perry E. McClung, RLS. Subject to road right-of-way deed to Georgia State DOT recorded in Fannin County Records in Deed Book 28, page 564. This is the same property designated as a 1.94 acre tract per that survey prepared on 10/01/03 (last revised 4/14/04) for Elite Development, LLC by Lane S. Bishop and Associates, GRLS, which plat is incorporated herein by reference for a more complete and accurate description. This conveyance is made together with and subject to all matters of easement, encumbrance or other matters disclosed on the survey above referenced. Subject to the following: Department of Transportation Conveyance of Access Rights recorded at Deed Book 371, page 169, aforesaid records. The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of non-payment pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, and expenses of the sale and other sums secured by the Deed to Secure Debt, including attorney's fees, and the remainder, if any, shall be applied as provided by law. To the best of the undersigned's knowledge and belief, the property is in the possession of ONYX INVESTMENT SERVICES, LLC, and the property will be sold as the property of ONYX INVESTMENT SERVICES, LLC, subject to outstanding ad valorem taxes, street improvements, and easements or restrictions of record, if any. Said property is more commonly known as 794 Ballewtown Road; Blue Ridge, GA 30513. The undersigned will execute a deed to the purchaser at said sale as provided by the Deed to Secure Debt. COMMUNITY BANK OF PICKENS COUNTY as Attorney-in-fact for JERRY C. WILSON. Phil M. Landrum, III LANDRUM & LANDRUM 95 Stegall Drive P. O. Box 400 Jasper, GA 30143 (706) 692-6464 May 11-June 1 #244621
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