The Haralson Gateway-Beacon 

Publication Name:
The Haralson Gateway-Beacon

Publication URL:

Publication City and State:
Bremen, GA

Publication County:
Haralson

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201610170437244466248
3220054170

Notice URL:

Notice Publish Date:
Thursday, September 29, 2016

Notice Content

CLASS:0970 GB9-49495 Hutcheson BOTO.000052 9/8, 15, 22, 29; 2016 NOTICE OF SALE UNDER POWER GEORGIA, HARALSON COUNTY By virtue of a Power of Sale contained in that certain Deed to Secure Debt (With Future Advance Clause) STEVE S. HUTCHESON to Bank of the Ozarks as successor by merger to Community & Southern Bank (by virtue of that certain Assignment of Security Instruments and Other Loan Documents, filed and recorded June 9, 2010 in Deed Book 1012, Page 348, HARALSON COUNTY, Georgia Records, assignee of the Federal Deposit Insurance Corporation in receivership of First National Bank of Georgia) (“BOTO”), dated July 20, 2006, filed and recorded July 27, 2006 in Deed Book 862, Page 177, Haralson County, Georgia Records (as amended, modified, or revised from time to time, “Security Deed”), said Security Deed having been given to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND THREE HUNDRED FORTY-SIX AND 50/100THS DOLLARS ($71,346.50) (as amended, modified, or revised from time to time, the “Note”), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of HARALSON COUNTY, Georgia, within the legal hours for sale on the first Tuesday in October, 2016, all property described in said Security Deed, including, but not limited to, declarant's rights, if any, and, without limitation, the following described property (or so much thereof as has not, as of said first Tuesday, by duly executed and recorded instrument, previously been released from the lien of the Security Deed): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 119 IN THE 7TH DISTRICT OF HARALSON COUNTY, GEORGIA, CONTAINING 2.00 ACRES, MORE OR LESS, AS SHOWN ON A PLAT PREPARED FOR LINDA HUTCHESON BY WILLIAM H. ALEXANDER, JR., RLS # 1643, DATED APRIL 26, 1994 AND RECORDED IN PLAT BOOK 22, PAGE 61, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF HARALSON COUNTY, GEORGIA. SAID PLAT TOGETHER WITH THE BOUNDARIES, METES, COURSES AND DISTANCES THEREON ARE INCORPORATED HEREIN AND BY REFERENCE ARE MADE A PART OF THIS DESCRIPTION AS FULLY AS IF SET OUT HEREIN. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including, but not limited to, the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees and other payments provided for under the terms of the Security Deed and Note. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Steve S. Hutcheson or tenant(s). The property will be sold "as is", without express or implied warranties of any kind, subject to (i) any and all unpaid real and personal property ad valorem taxes and governmental assessments, (ii) any and all prior restrictions, rights of way, and assessments of record, if any, appearing of record prior to the date of the Security Deed, and (iii) any and all restrictions, rights of way, and assessments of record appearing of record after the date of the Security Deed and consented to of record by original lender or BOTO, as applicable. The undersigned is not required by law to negotiate, amend, or modify the terms of the Note or the Security Deed. The individual with full authority to negotiate, amend, and modify the terms of the Note and the Security Deed is as follows: Jim Flading (678) 293-1235. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. This law firm is acting as a debt collector. Any information obtained will be used for that purpose. BOTO as Attorney-in-Fact for STEVE S. HUTCHESON Contact: Brian Pierce, Esq. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. Suite 1600, Monarch Plaza 3414 Peachtree Road, N.E. Atlanta, GA 30326; (404/577-6000)