Notice Content
NOTICE OF SALE UNDER POWER IN SECURITY DEED
GEORGIA, GILMER COUNTY.
By virtue of the powers of sale contained in the DEED TO SECURE DEBT and SECURITY DEED AND
AGREEMENT enumerated as follows: Deed To Secure Debt given by BURKE
CONSTRUCTION, INC. to FIRST LAURENS BANK dated February 8, 2007, and
recorded in Deed Book 1351, Page 124-128, in the Office of the Clerk
of the Superior Court of Gilmer County, Ga., and the Security Deed
and Agreement given by BURKE CONSTRUCTION, INC. To FIRST LAURENS BANK
dated February 7, 2006, and recorded in Deed Book 1233, Page 399-404,
in the Office of the Clerk of the Superior Court of Gilmer County,
Ga. and re-recorded on June 16, 2006, Deed Book 1275, page 495-500 in
the Office of the Clerk of the Superior Court of Gilmer County, Ga.,
conveying the below-described property, to secure that certain note
given by Burke Construction, Inc. to First Laurens Bank in the
original principal amount of $54,316.02 with interest thereon as set
forth therein, there will be sold by the undersigned at public outcry
to the highest bidder before the Courthouse Door at Gilmer County,
Georgia, within the legal hours of sale, on the first Tuesday in
December, 2016, the following described property:
LT 414 Eagle Mtn. PH 5, Eagle Mountain Drive, Ellijay, Ga.: All that tract or parcel
of land lying and being in Land Lot 145 and Land Lot 180, 11th
District, 2nd Section, and Land Lot 315 and Land Lot 316, 25th
District, 2nd Section of Gilmer County, Georgia, and being designated
as Lot 414, Eagle's Mountain Resort, Unit 5, and consisting of .53
acre, more or less, as shown on Plat of Survey prepared by Burns L.
Jeffries, GRLS No. 2036, and recorded in Plat Book 12, Page 88,
Gilmer County, Georgia Records; to which reference is hereby made for
a more complete and accurate legal description.
LT 2601 EAGLE MTN PH 85, Parker Way, Ellijay, Ga. : All that tract or parcel of land
lying and being in Land Lots 139, 140, 149 and 150, 11th District,
2nd Section, of Gilmer County, Georgia, and being designated as Lot
2601, Eagle's Mountain Resort, Unit 85, and consisting of 1.32 acres,
more or less, as shown of Plat of Survey prepared by Burns L.
Jeffries, GRLS No. 2036, and recorded in Plat Book 15, Page 110,
Gilmer County, Georgia Records; to which reference is hereby made for
a more complete and accurate legal description.
Conveyance is made subject to that certain Declaration of Covenants and Restrictions for
Eagle's Mountain Resort in Deed Book 138, Page 448, Gilmer County,
Georgia Records as further supplemented and/or amended from time to
time.
LT 2120 EAGLE MTN PH 46, Newport Dr., Ellijay, Ga. : All that tract or parcel of Land
Lot 148, 11th District, 2nd section of Gilmer County, Georgia and
being shown as Lot 2120, Unit 46, Eagles's Mountain Resort, per plat
of survey recorded in Plat Book 14, Page 35, Gilmer County, Georgia
records. Said Plat is incorporated herein by reference for a more
complete and accurate metes and bounds description.
This conveyance is subject to that certain declaration of covenants and restrictions for
Eagle's Mountain Resort in Deed Book 138, Page 448, Gilmer County,
Georgia records, as further supplemented and/or amended from time to
time.
Subject to all road and utility easements, protective covenants and other matters of record.
LT 2909 EAGLE MTN PH 92, Newton Ln, Ellijay, Ga.: All that tract or parcel of land
lying and being in Land Lot 141, 11th District, 2nd Section of Gilmer
County, Georgia and being shown as Lot 2909, Unit 92, Eagle's
Mountain Resort, per plat of survey recorded in Plat Book 15, page
280, Gilmer County, Georgia records. Said plat is incorporated
herein by reference for a more complete and accurate metes and bounds
description.
This conveyance is subject to that certain declaration of covenants and restrictions for
Eagles's Mountain Resort in Deed Book 138, Page 448, Gilmer County,
Georgia records, as further supplemented and/or amended from time to
time.
Subject to all road and utility easements, protective covenants and other matters of record.
LT 3715 EAGLE MTN UNIT 103, Falcon Dr., Ellijay, Ga.: All that tract or parcel of
land lying and being in Land Lot 69 of the 11th District and 2nd
Section of Gilmer County, Georgia, being Lot 3715, Unit 102, Eagle's
Mountain Resort, as shown on Plat of Survey recorded in Plat Book 17,
Page 224, Gilmer County, Georgia records.
This conveyance is subject to the declaration of Covenants, conditions and restrictions
for Eagle's Mountain Resort, Inc., filed May 15, 1984 and recorded in
Deed Book 138, Page 448, Gilmer County, Georgia records, as further
supplemented and/or amended.
This conveyance is subject to all road and utility easements, protective covenants and
other matters of record. To the best knowledge and belief of the
undersigned, the person or persons who may be in the possession of
such property is Burke Construction, Inc.
The debt secured by said security deeds has been and is hereby declared due because of,
among other possible events of default, failure to make payments in
accordance with the terms of said note. The debt remaining in
default, this sale will be made for the purpose of paying the same,
and all expenses of sale, including attorney's fees.
Said property will be sold subject to all outstanding ad valorem taxes and/or assessments
and/or restrictions and/or zoning ordinances and/or covenants;
matters that may be disclosed by an accurate survey and/or inspection
of the property; and matters of record superior to the Security
Deeds.
Notice has been given of intention to collect attorney's fees in accordance with the terms
of the note secured by the property.
Additionally, this 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 Security
Deeds.
This law firm is a debt collector attempting to collect a debt and any information obtained
will be used for that purpose.
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
Deeds is Mr. Spencer L. Tydings, Senior Vice President, First Laurens
Bank, 2040 Veterans, Blvd., Dublin, GA 31021, 478-272-8874.
First Laurens Bank
Attorney-in-Fact for
Burke Construction, Inc.
Edward B. Claxton III
Attorney at Law
P. O. Box 16459
Dublin, Georgia 31040
478-272-9965
Nov. 9-30. 296988
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