Notice Content
NOTICE OF SALE UNDER POWER
WHEREAS, on August 13, 2004, for value received, Memrie Baldwin executed and delivered to the United States of America, acting through the United States Department of Agriculture, a Deed to Secure Debt conveying certain real estate located in Rabun County, Georgia, and said Deed to Secure Debt was recorded in the Office of the Clerk of the Superior Court for Rabun County, Georgia, in Book
# U26, Page# 400-406; and re-recorded in the Office of the Clerk of the Superior Court for Rabun County, Georgia, in Book # H28, Page# 566-572; and
WHEREAS, the United States of America now holds the above described security deed covering the said real estate; and
WHEREAS, the Deed to Secure Debt held by the United States of America provides that should default occur, the holder may declare the entire indebtedness secured by the Deed to Secure Debt due and payable and, in compliance with the power of sale provisions contained in said security deed proceed to sell the property at public outcry; and
WHEREAS, after default, the United States of America has declared all of the indebtedness secured by the Deed to Secure Debt due and payable and hereby certifies that it has complied with all of its loan servicing regulations;
NOW, THEREFORE, the said United States of America, acting as aforesaid, under and in compliance with the power of sale provision contained in the Deed to Secure Debt, will proceed to sell at public outcry, for cash or certified funds to the highest bidder in front of the Courthouse in Rabun County, during the legal hours of sale, on the 2nd day of May, 2017, the following-described property conveyed in the Deed to Secure Debt, to Wit:
TRACT ONE:
All that tract or parcel of land lying and being in Land Lot 21 of the Fifth Land District of Rabun County, Georgia, being in the City of Clayton, and being designated as Lot 7, Block 7 of Clayton Terrace Subdivision, containing 0.15 acre as shown on that certain plat of survey prepared by William F. Rolader, Georgia Registered Land Surveyor No. 2042, dated July 10, 1996, revised October 17, 1997, which is recorded in the office of the clerk of Rabun Superior Court in Plat Book 39, page 274. Reference is had and made to said plat and record of the same for a full and complete description of the property herein described.
TRACT TWO:
All that tract or parcel of land lying and being in Land Lot 21 of the Fifth Land District of Rabun County, Georgia, and being in the City Limits of the City of Clayton, Georgia and being designated Lot 6, Block 7 of CLAYTON TERRACE SUBDIVISION, and being more fully described upon a plat of survey prepared by William F. Rolader, Georgia Registered Land Surveyor, No. 2042 dated February 26, 1998, which is recorded in the office of the clerk of Rabun Superior Court in Plat Book 40, page 61. Reference is had and made to said plat and record of the same for a full and complete description of the above-described lands.
TRACT ONE:
This conveyance is made subject to those certain restrictive covenants which are recorded in the office of the clerk of Rabun Superior Court in Deed Book L-11, page 264.
There is also conveyed herewith a perpetual non-exclusive easement for Ingress and egress to and from the above-described property over and across that certain gravel drive which forms the westerly boundary of the above-described real property.
This conveyance is made subject to that certain easement reserved in that certain warranty deed from Nicholas W Acee and Carol T Acee to Albert Gordon and Marie Gordon dated October 23, 1997, which is recorded in the office of the clerk of Rabun Superior Court in Deed Book K-17, page 290.
TRACT TWO:
This conveyance is made subject to those certain restrictive covenants which are found on that certain warranty deed from M.H. Davis Properties, inc., a Georgia Corporation to Ronald J Toth and Mire Toth dated August 10, 1981, and recorded in the office of the clerk of Rabun Superior Court in Deed Book A-8, page 602.
The above described property will be sold subject to any and all outstanding real estate taxes that are due and payable.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the United States of America, be cause for rejection of the bid, and, if the bid is rejected, the United States of America shall have the option of making the sale to the next highest bidder who is ready, willing and able to comply with the terms thereof. The proceeds of said sale will first be applied to the payment of the indebtedness to the United States of America, other charges, and the expenses of sale, as provided in the above-described Deed to Secure Debt.
This the 27th day of March, 2017.
UNITED STATES OF AMERICA
By_________/S/_________________
Thomas B. Herron
Director, Default Management Branch
United States Department of Agriculture, Rural Development
ITS: Authorized Representative
4-6,13,20,27
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