Notice Content
This communication is an attempt to collect a debt and any information
obtained will be used for that purpose.
NOTICE OF SALE UNDER POWER GEORGIA, GILMER COUNTY
By virtue of a Power of Sale contained in that certain Security Deed
and Agreement from Joshua R. Hice and Daphnie N. Hice to Bank of the
Ozarks, Successor by Merger to Community & Southern Bank (by
virtue of that certain Assignment of Security Instruments and Other
Loan Documents, filed and recorded June 14, 2010 in Deed Book 1615,
Page 301, GILMER COUNTY, Georgia Records, assignee of the Federal
Deposit Insurance Corporation in receivership of Gilmer County Bank
(a division of Appalachian Community Bank)) (BOTO), dated July 12,
2007, filed and recorded July 13, 2007 in Deed Book 1397, Page 34,
Gilmer 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 ONE
HUNDRED THIRTY-FIVE THOUSAND AND NO/100THS DOLLARS ($135,000.00) (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 GILMER COUNTY, Georgia, within the legal hours for sale on
the first Tuesday in December, 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 LOTS 122 AND
131, 11TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, AND BEING
DESIGNATED AS LOT 4, RIVER BEND HEIGHTS SUBDIVISION, AS SHOWN ON
PLAT OF SURVEY PREPARED BY A. J. DAVIS, SR., COUNTY SURVEYOR, GILMER
COUNTY, GEORGIA AND PLAT BY PAUL W. DAVIS. SAID PLAT, DATED APRIL
1965 AND RECORDED IN PLAT BOOK 2, PAGE 71, GILMER COUNTY, GEORGIA
RECORDS; TO WHICH REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND
ACCURATE LEGAL DESCRIPTION.
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.
Said property will be sold subject to the following items which may
affect the title to said property: all zoning ordinances; matters
which would be disclosed by an accurate survey or by inspection of
the property; any outstanding taxes, including, but not limited to,
ad valorem taxes, which constitute liens upon said property; special
assessments; and all outstanding bills for public utilities which
constitute liens upon said property; To the best of the knowledge
and belief of the undersigned, the party in possession of the
property is Joshua R. Hice and Daphnie N. Hice or tenant(s).
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 JOSHUA R. HICE AND DAPHNIE N. HICE
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)
Nov. 9-30 296899
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