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Notice Publish Date:
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Wednesday, May 27, 2015
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Notice Content
STATE OF GEORGIA,
COUNTY OF FANNIN.
NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt from Tommy C. Duncan and Mary Ann Duncan to Billy E. Beaver dated October 3, 2007, recorded in Deed Book 816, pages 215-217, Fannin County Deed Records, said Deed to Secure Debt having been given to secure a Note dated October 3, 2007, in the original principal sum of Twenty Thousand and 00/100 Dollars ($20,000.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there shall be sold at public outcry to the highest bidder for cash before the Courthouse door in Fannin County, Georgia, within the legal hours of sale on the first Tuesday in June, 2015, the following described real property, to-wit: All that tract or parcel of land lying and being in Land Lot No. 278 of the 8th District and 2nd Section of Fannin County, Georgia, and being 0.20 acres located in the City of Blue Ridge, and being more particularly described as follows: Beginning at an iron pin set on the right-of-way margin of State Street, thence from said iron pin set and running along and with said right-of-way margin North 43 deg. 21 28 East a distance of 60.78 feet to an iron pin set forming a corner of the property herein conveyed; thence from said iron pin set and running South 48 deg. 16 25 East a distance of 124.37 feet to an iron pin set forming a corner of the property herein conveyed; thence from said iron pin set and running South 42 deg. 31 33 West a distance of 55 feet to an iron pin set at a fence; thence from said iron pin set and running along and with the fence the following courses and distances: South 45 deg. 43 10 West 18.28 feet to an iron pin set; North 44 deg. 27 54 West 77.15 feet; North 39 deg. 24 09 West 35.88 feet to an iron pin set at the end of a chain link fence; thence from said point and running North 39 deg. 24 09 West a distance of 11.76 feet to the point of beginning, containing 0.20 acres of land.
The above described property is the same as that shown on a plat of survey prepared by Joel Jordan, G.R.L.S. No. 2430, dated March 25, 2002.
The above described property is conveyed subject to any and all easements and rights-of-way as shown on the aforementioned plat of survey and as appearing of record.
The indebtedness secured by said deed to secure debt has been and 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 the sale, including reasonable attorney's fees, notice of intention to collect attorney's fees having been given as provided by law. The 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 as to the amount and status of the loan with the holder of the Deed to Secure Debt. The sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, restrictions and matters of record superior to the Deed to Secure Debt first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Tommy C. Duncan and Mary Ann Duncan, or a tenant or tenants. The property will be sold as the property of Tommy C. Duncan and Mary Ann Duncan, and the proceeds of said sale shall be applied to the payment of said indebtedness and the expenses of said sale, including attorney's fees, all as provided for in said Deed to Secure Debt, and the undersigned will execute a deed to purchaser at said sale as provided for in the aforementioned Deed to Secure Debt.
Billy E. Beaver, as attorney-in-fact for Tommy C. Duncan and Mary Ann Duncan
Angela Stewart DeLorme, P.C.
Attorney at Law
P.O. Box 1549
Blue Ridge, GA 30513
(706) 632-0444
May 6-27
#162245
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