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NOTICE OF SALE UNDER POWER IN SECURITY DEED
G E O R G I A
RABUN COUNTY
Our File No. 16-369
Under and by virtue of the power of sale contained in a Deed to Secure Debt given by TIMOTHY R. KILBY to RABUN COUNTY BANK dated October 8, 2004 and recorded in Deed Book C-27, Pages 687-690, Rabun County, Georgia Records, conveying the after described property to secure a Note dated April 4, 2014 in the original principal amount of NINETY-FOUR THOUSAND THREE HUNDRED FIFTY-EIGHT AND 73/100 DOLLARS ($94,358.73), with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder, for cash, before the courthouse door of Rabun County, Georgia, within the legal hours of sale on the first Tuesday in June, 2016, the same being June 7, 2016, the following described property:
All that tract or parcel of land lying and being in Land Lot 22 of the Fifth Land District of Rabun County, Georgia, and being more particularly described as follows, to wit:
For a full and complete description of the real property being hereby conveyed, reference is hereby had and made to a plat of survey dated March 3, 1988 and prepared by Hubert Lovell, Georgia Registered Land Surveyor Number 1553. The real property being hereby conveyed is Lot 4, Part Two of Woodlands Hills containing 1.24 acres. Said plat is of record in Plat Book 33, Page 196 in the Office of the Clerk of the Superior Court, Rabun County, Georgia. Reference is hereby had and made to said plat and the record thereof for the express purpose of incorporating herein its description of said Lot 4, Part Two of Woodland Hills containing 1.24 acres as depicted thereon. LESS and EXCEPT that certain .10 acres deeded to L. Crawford Grice and Katherine W. Grice by Warranty Deed dated October 15, 1999 and recorded in Deed Book F-19, Page 129, aforesaid records.
NOTE: The above described tract or parcel of land is hereby conveyed SUBJECT TO those certain Restrictive Covenants of record in Deed Book A-10, Page 78, as imposed upon the above described property by Agreement dated August 12, 1994 and of record in Deed Book G-15, Pages 181-186, aforesaid records.
NOTE: ALSO CONVEYED is a perpetual, non-exclusive easement over and across West View Trail for the purpose of providing access, ingress and egress to and from the above described tract or parcel of land with Joe Davis Road, a public road.
The debt secured by said deed to secure debt has been and is hereby declared due because of, among other possible events of default, the failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. 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 Deed to Secure Debt and by law. 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 may be disclosed by a current accurate survey and inspection of the property, any easements, assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above. The entity that has full authority to negotiate, amend and modify all terms of the Deed to Secure Debt with the Debtor is: RABUN COUNTY BANK located at 121 Rickman Street, Clayton, Georgia 30525, 706-782-4571. The secured Creditor is not required by law to negotiate, amend or modify the terms of the Deed to Secure Debt.
To the best knowledge and belief of the undersigned the party in possession of the property is TIMOTHY R. KILBY and/or any tenant or tenants in possession and said property is located at 86 Twilight Lane, Tiger, Georgia 30576 and is designated as being Rabun County Tax Parcel # 043A-055D.
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.
This 5th day of May, 2016.
RABUN COUNTY BANK, as Attorney in Fact for Timothy R. Kilby under Power of Sale contained in Security Deed recorded in Deed Book C-27, page(s) 687-690, Rabun County, Georgia Records. ALBERT O. ENGLISH, LLC, Attorney for RABUN COUNTY BANK, 17 Chechero Street, Clayton, GA 30525, (706) 782-4285
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
5-12,19,26, 6-2
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