Notice Content
Notice of Sale
Notice of Sale Under Power
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
By virtue of the power of sale contained in that certain Deed to Secure Debt from JAMES THRASHER to THE BRAND BANKING COMPANY dated May 18, 2001, and recorded in Deed Book 23M, Page 697, in the deed records of the Clerk of Superior Court, Jackson County, Georgia, as modified by that certain Modification Agreement dated June 9, 2004, and recorded in Deed Book 35L, Page 732, aforesaid records, as further modified by that certain Modification Agreement dated March 9, 2007, and recorded in Deed Book 48M, Page 643, aforesaid records, as further modified by that certain Third Modification Agreement dated October 21, 2010, and recorded in Deed Book 58X, Page 270, aforesaid records, there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on June 2, 2015, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 245th District, G.M., Jackson County, Georgia, containing one-half acres, more or less, on road leading from Jefferson-Athens Highway to Lebanon Church. Beginning at stake on said road at the most southeast corner of said lot where same corners with lands of Bill Cody and running along Cody line 210 feet to line of Joe Nix, thence along Joe Nix line 105 feet to stake, thence a parallel line with first line 210 feet to stake on road, thence along said road 105 feet to the Beginning Corner, bounded on the north by Joe Nix, east by Hubert B. Hunter, south by road leading from Jefferson-Athens Highway to Lebanon Church and west by Bill Cody. The improvements thereon being commonly known as 72 Highway 82 South. Being the same lot or parcel of ground which by Deed dated 2-15-86 and recorded among the Land Records of Jackson County in Liber 9-H, Folio 158, was granted and conveyed between B.L. Williamson, unto Clarence Appleby, Jr., aka Clarence Appleby II.
The aforesaid Deed secures any other or future indebtedness of the Grantors therein specified, including any renewal thereof.
The debt secured by said Security Deed 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 Security Deed. 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 Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the debtor's debt and the Deed to Secure Debt is: The Brand Banking Company, 141 Hurricane Shoals Road, N.E., Lawrenceville, Georgia 30046-4459. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Daniel Wesley Wilson and/or Chadwick Jason Black, or a tenant or tenants of the same. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
THE BRAND BANKING COMPANY, Attorney-in-Fact for James Thrasher
Christopher D. Holbrook, Esq.
MAHAFFEY PICKENS TUCKER, LLP
1550 North Brown Road
Suite 125
Lawrenceville, Georgia 30043
(770) 232-0000
(MY6,13,20,27P4)
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