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
October of 2016, which is October 4, 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 attorneys 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 undersigneds 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.
Sept. 7-28. 280508
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