Times-Courier Publishing Co. Inc. 

Publication Name:
Times-Courier Publishing Co. Inc.

Publication URL:

Publication City and State:
Ellijay, GA

Publication County:
Gilmer

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201506091918383819387
3220054170

Notice URL:

Notice Publish Date:
Thursday, May 28, 2015

Notice Content

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF GILMER Because of a default in the payment of the indebtedness evidenced by the Note (as hereinafter described), secured by a Deed to Secure Debt from Jerry Lee Cole and Alice M. Cole (hereinafter referred to as “Grantor”) to Peoples Bank of East Tennessee dated May 28, 2011, filed for record in Deed Book 1677, Page 122, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (the “Security Deed”), the undersigned, Peoples Bank of East Tennessee, pursuant to said Security Deed and that certain Universal Note dated December 28, 2012, in the original principal amount of $570,417.74 (“Note-1”), and that certain Universal Note dated December 28, 2012, in the original principal amount of $60,000.00 (“Note-2”; Note-1 and Note-2 are hereinafter collectively referred to as the “Note”) has declared the entire amount of said indebtedness due and payable. Therefore, pursuant to and by virtue of the power of sale contained in the Security Deed, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door on the courthouse steps at Gilmer County, Georgia, within the legal hours of sale on the first Tuesday in June, 2015, the following described property: All that tract or parcel of land lying and being in Land Lot No. 10 of the 5th District and 2nd Section of Gilmer County, Georgia, containing 14.06 acres of land, as shown on plat of survey for Jerry Cole dated February 17, 2011, prepared by Joel Jordan, G.R.L.S. No. 2430, Cherry Log Survey Co., Inc. and being recorded in Plat Book 54, Page 201 in the Office of the Clerk of Superior Court, Gilmer County, Georgia. Said recorded plat is incorporated herein by reference thereto for a more complete and accurate legal description of the above-described property, together with all fixtures and personal property attached to and constituting a part of said property, and replacements and additions. The above described property is conveyed subject to any and all easements, restrictions, rights of way as set forth on the aforementioned plat or as appearing of record. Being a portion of the same property conveyed to Jerry Lee Cole by Warranty Deed from Paul Frank Tipton, Scott P. Tipton and Carolyn Ippsich recorded on May 18, 2004 in Book 1054, page 263 in the Office of the Clerk of Superior Court, Gilmer County, Georgia. Jerry Lee Cole conveyed title to himself and his wife, Alice M. Cole to create a joint tenancy with right of survivorship by Warranty Deed recorded on July 30, 2004 in Book 1073, page 250 in said Clerk's office. A Corrective Warranty Deed was executed by Paul Frank Tipton, Scott P. Tipton and Carolyn Ippsich to Jerry Lee Cole and wife, Alice M. Cole to amend the legal description, which was recorded on January 12, 2005 in Book 1114, page 501 in said Clerk's office. TOGETHER WITH all of the buildings, building materials, fixtures and improvements on, in and to the property and all easements, rights, rents, royalties, mineral, oil and gas rights, profits and water rights. The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale, and all other payments provided for under the Security Deed, including permitted attorneys' fees as provided in the Note and Security Deed, notice of intention to collect attorneys' fees and expenses of the foreclosure having been given as provided by law and as provided by the terms of the Security Deed; and the remainder, if any, shall be applied as provided by law. To the best knowledge and belief of the undersigned, Jerry Lee Cole and Alice M. Cole are in possession of said property. Said property will be sold subject to any prior restrictive covenants, easements, rights-of-way, valid zoning ordinances, matters which would be disclosed by an accurate survey of the property or by an inspection of the property, and any liens or encumbrances superior to the Security Deed first set out above, and subject to all outstanding taxes, assessments, and utility bills which may constitute a lien against said property, whether due and payable or not yet due and payable. Peoples Bank of East Tennessee hereby notifies Grantor that Peoples Bank of East Tennessee remains the holder of the security interest set forth in the Security Deed. Grantor may communicate with Peoples Bank of East Tennessee by contacting Ms. Ann Castle, Peoples Bank of East Tennessee, P. O. Box 159, Murphy, North Carolina 28906, or by telephone at (828) 837-4150. Ms. Castle has full authority to negotiate, amend, and modify all terms of the Security Deed with Grantor. PEOPLES BANK OF EAST TENNESSEE, as Attorney-in-Fact for JERRY LEE COLE and ALICE M. COLE By: Thomas E. Austin, Jr., Attorney for Peoples Bank of East Tennessee Thomas E. Austin, Jr., LLC 3490 Piedmont Road, N.E. Suite 1005 Atlanta, Georgia 30305-4809 (404) 814-3755 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.