Notice Content
L3 Gerald and Donna Baty 880 1 12 17
This is an attempt to collect a debt and any information obtained will be used for that purpose.
NOTICE OF SALE UNDER POWER
GEORGIA, CHATTOOGA COUNTY
Under and by virtue of Power of Sale contained in the Security Deed from Gerald Wayne Baty and Donna Marie Baty, married (Grantor) to Vanderbilt Mortgage And Finance Company, Inc. (Lender), in that certain security deed dated October 25, 2013, recorded in Deed Book 621, Page 723, in the deed records of Chattooga County, Georgia (the Security Deed), said Security Deed being given to secure the obligations of Grantor to Lender as set forth in a Promissory Note of even date in the original principal amount of Sixty Thousand Two Hundred Seventeen and 57/100 ($60,217.57) as amended, modified, or revised from time to time (the Note), with interest at the rate specified therein, there will be sold, by the undersigned at public outcry to the highest bidder for cash, before the Courthouse Door at Chattooga County, Georgia, within the legal hours of sale on the first Tuesday in February, 2017, the following described property:
All that tract or parcel of land lying and being in Land Lot 176 in the 6th District and 4th Section of Chattooga County, Georgia and being a part of Tract 2 and a part of Tract 3 of the Lena Chapman Subdivision according to a plat thereof by R.F. Smith dated 1936, recorded in Deed Book 7, Pages 204 and 205 of Chattooga County Deed Records and being more particularly described as follows:
To Find The Point Of Beginning, start at an iron pin marking the northeast corner of Land Lot 176 in said district and section; thence proceed south along the east line of said Land Lot 176 in said district and section a distance of 391 feet to an iron pin which marks a point 25 feet south of the northeast corner of Tract 2 of said Lena Chapman Subdivision, which point is the Point Of Beginning; thence south along the east line of said Land Lot 176 in said district and section a distance of 629 feet to a point, said point being the southeast corner of Tract 3 of said Lena Chapman Subdivision; thence west along the south line of Tract 3 of said Lena Chapman Subdivision 777 feet to the east side of a paved public road sometimes known as Cannon Hollow Road; thence in a northeasterly direction along the easterly side of said paved public road sometimes known as Cannon Hollow Road a distance of 713 feet to a point; thence east and parallel to the north line of Tract 2 of said Lena Chapman Subdivision 496 feet to the point of beginning.
Less and except a certain tract measuring 200 feet by 200 feet lying in the southwest corner of the aforesaid property and described in that certain warranty deed from Donald Cain to Stanley Ward and Nellie W. Ward dated September 21, 1972, recorded in Deed Book 138, Page 547 of Chattooga County Deed Records.
The above described property (after exclusion of the above referenced excepted tract) is improved property with a one story frame residence erected thereon and contains 8 acres, more or less, according to a plat thereof by Storey Edwards dated October 4, 1980.
With all the rights, members and appurtenances to the same in anywise appertaining or belonging to Grantor.
Also included is a 2008 Southern Manufactured Home, Model EXX115, Serial No. SESAL4524.
Said legal description is controlling however, the property is commonly known as: 654 Williams Cemetery Road, Trion, Georgia 30753; Map and Parcel No.: 64-9 and 64-9-001.
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 Gerald Wayne Baty and Donna Marie Baty, married and /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. Vanderbilt Mortgage And Finance Company, Inc., and its counsel are acting as debt collectors. Any information obtained will be used for that purpose.
Vanderbilt Mortgage And Finance Company, Inc., as Attorney-in-Fact for GERALD WAYNE BATY and DONNA MARIE BATY, married.
Contact: Jason Godwin
Godwin Law Group
3985 Steve Reynolds Blvd, Bldg. D
Norcross, GA 30093
Phone: 770-448-9925
Email: jgodwin@godwinlawgroup.com
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