The Clayton Tribune 

Publication Name:
The Clayton Tribune

Publication URL:

Publication City and State:
Clayton, GA

Publication County:
Rabun

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201506092333204412769
3220054170

Notice URL:

Notice Publish Date:
Thursday, May 28, 2015

Notice Content

STATE OF GEORGIA
COUNTY OF RABUN
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale contained in a Security Deed from MAGNUS MARKETING GROUP, INC. to UNITED COMMUNITY BANK, dated April 8, 2004, recorded April 21, 2004, in Deed Book E-26, Page 264, Rabun County, Georgia records, said Security Deed being given to secure a Note from MAGNUS MARKETING GROUP, INC. dated April 8, 2004, in the original principal amount of Eighteen Thousand Four Hundred Sixty Two and 15/100 ($18,462.15) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Rabun County, Georgia, within the legal hours of sale on the first Tuesday in June, 2015, the following described property:
TRACT 1:
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 Lot 11 of Block 7 of the Clayton Terrace Subdivision and being more particularly described upon that plat of survey prepared by George Newton, dated May 31, 1958 and recorded in Plat Book 5, Page 172, Clerks Office, Rabun Superior Court. Reference is hereby had and made to said plat of Survey for the purpose of incorporating same herein for a full and complete description of the property herein conveyed.
The property herein conveyed is subject to any and all restrictions, easements and encumbrances of record pertaining to said property, if any.
TRACT 2:
All that tract or parcel of land lying and being in a part of Clayton Terrace Subdivision of Rabun County, Georgia and being Lot 12 in Block 7 of said Subdivision according to the plat thereof, recorded in Plat Book 5, Page 172, of the Public Records of Rabun County, Georgia. The premises herein conveyed is sold on the following conditions and restrictions which shall constitute covenants running with the title to said premises, to-wit:
1. Any and all buildings on said premises shall be of neat and attractive appearance, painted or stained on the outside with no corrugated iron or sheet metal or tar paper on the exterior walls of any structure, and said premises shall not be used for commercial purposes.
2. No open toilet shall be permitted on said premises, but all living accommodations shall be provided with toilet facilities provided with a septic tank or city sewage.
3. No livestock nor fowl shall be permanently kept on the premises, however, rabbits, and other small animals may be kept on the premises so long as confined in a secure enclosure.
4. Said premises shall not be used for a junk yard, dumping ground or for the accumulation of garbage or foul smelling matter or other nuisances which may be detrimental to the comfort, health or safety of the inhabitants of the surrounding community.
5. No residential structures shall be erected on the premises containing less than 500 square feet of useable interior floor space.
6. There shall not be removed from said premises any quantity of soil, which will lower the uniform grade of the adjoining property.
TRACT 3:
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 more particularly described as follows, to wit:
Being Lots 13 and 14 of Block 7, Clayton Terrace Subdivision as shown on a plat of survey recorded in Plat Book 5, Page 172 in the Office of the Clerk of Rabun Superior Court.
NOTE: The premises herein conveyed is sold on the following conditions and restrictions which shall constitute covenants running with the title to said premises, to wit:
1. Any and all buildings on said premises shall be of neat and attractive appearance, painted or stained on the outside with no corrugated iron or sheet metal or tar paper on the exterior walls of any structure, and premises shall not be used for commercial purposes.
2. No open toilet shall permitted on said premises, but all living accommodations shall be provided with toilet facilities provided with a septic tank or city sewage.
3. No livestock nor fowl shall be permanently kept on the premises, however, rabbits, and other small animals may be kept on the premises so long as confined in a secure enclosure.
4. Said premises shall not be used for a junk yard, dumping ground or for the accumulation of garbage or foul smelling matter or other nuisances which may be detrimental to the comfort, health or safety of the inhabitants of the surrounding community.
5. No residential structures shall be erected on the premises containing less than 500 square feet of useable interior floor space.
6. There shall not be removed from said premises any quantity of soil, which will lower the uniform grade of the adjoining property.
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 the 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, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is MAGNUS MARKETING GROUP, INC. or a tenant or tenants. UNITED COMMUNITY BANK, as attorney in Fact for MAGNUS MARKETING GROUP, INC.
L. Lou Allen, Stites & Harbison, PLLC
520 West Main Street, Blue Ridge, Georgia 30513, (706) 632-7923
File No. 7484A-03724
5-7,14,21,28