Notice Content
L8 Leslie Hall & Michelle Spraggins 1,066 3 9 17
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF CHATTOOGA
Under and by virtue of the power of sale contained in a Deed to Secure Debt given by Leslie E. Hall, Michelle Spraggins and Billy Spraggins to David L. Corbin dated March 30, 2016, recorded in Deed Book 651, Page 433-436, Chattooga County, Georgia Superior Clerks Office, conveying the after described property to secure a note with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door in Chattooga County, Georgia, within the legal hours of sale upon the first Tuesday in April, 2017 (April 4, 2017) and continuing from day to day until sold, the following described property, to-wit:
All that tract or parcel of land lying and being in Land Lot 186 in the 6th District and 4th Section of Chattooga County, Georgia and being Tract 25 as shown on a plat captioned Survey for David Corbin by Richard W. Cannon Surveyor dated March 21, 2004 and being more particularly described as follows:
Beginning at a point located on the east line of Land Lot 186, said point being north 04 degrees 19 minutes 13 seconds west 471.37 feet as measured from the southeast corner of said Land Lot 186; thence from said beginning point north 04 degrees 19 minutes 13 seconds west 228.48 feet to a point located on the east line of Land Lot 186; thence south 85 degrees 02 minutes 55 seconds west 380.04 feet to a point; thence south 11 degrees 14 minutes 24 seconds west 104.95 feet to a point; thence south 81 degrees 11 minutes 47 seconds west 91.71 feet to a point; thence south 06 degrees 35 minutes 59 seconds east 214.36 feet a point; thence south 62 degrees 38 minutes 03 seconds west 190.73 feet to a point; thence north 87 degrees 44 minutes 50 seconds west 149.96 feet to a point located on the west right of way of Spring Creek Road; thence along the west right of way of Spring Creek Road south 10 degrees 20 minutes 04 seconds west 92.98 feet to a point; thence leaving said right of way south 84 degrees 11 minutes 05 seconds east 189.44 feet to a point; thence north 62 degrees 32 minutes 16 seconds east 709.71 feet to the point of beginning.
Said property containing 4.33 acres, more or less.
Billy Spraggins died on December 3, 2016, thereby extinguishing his interest in and to the property pursuant to the terms and conditions of that joint tenancy Warranty Deed recorded in Deed Book 651, Page 431 in the Office of the Clerk of Superior Court of Chattooga County, Georgia.
The debt secured by said Deed to Secure Debt is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
To the best of knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as Tract 25, Spring Creek Road is Michelle Spraggins and Leslie Hall, and or tenant, or present occupant.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Leslie E. Hall and Michelle Spraggins have been notified in accordance with Georgia Law that attorneys fees will be collected for the default in payment of said note, and has been further notified in accordance with O.C.G.A. 44-14-162 through 44-14-162.4 that foreclosure proceedings have been instigated against this property by sending a copy of the legal advertisement prior to 30 days before the date of sale, by certified mail to the property address or such other address as the debtor may designate by written notice to the secured creditor. The person who shall have full authority to negotiate, amend and modify all terms of the deed to secure debt with the debtor, together with their telephone number is as follows:
Christopher L. Corbin, 101 West Washington Street, P.O. Box 736, Summerville, Georgia 30747, 706-857-3497.
The property will be sold as the property of the makers of said Deed to Secure Debt or their assigns, in bar of all equity or redemption, and will divest all of the right, title and interest of the makers thereof, or their assigns, in and to said property, and shall invest such title in the purchaser.
The proceeds of said sale will be used first to the payment of expenses of said sale, including those attorney's fees provided by said Deed to Secure Debt and/or that note secured thereby; the payment of said note, principal and interest; and the balance, if any, will be distributed as provided by law.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 3rd day of March, 2017.
CHRISTOPHER L. CORBIN
Attorney In Fact For David L. Corbin
Acting Pursuant To Powers
Contained In Said Deed To Secure Debt
FARRAR & CORBIN, P.C.
P.O. Box 736
Summerville, Georgia 30747
Print: (March 9, 2017)
(March 16, 2017)
(March 23, 2017)
(March 30, 2017)
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