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gpn11 CN6155 NOTICE OF SALE UNDER POWER COUNTY OF CATOOSA STATE OF GEORGIA By virtue of the power of sale contained in the Deed to Secure Debt (hereinafter "Deed") from Jack C. Payne, Jr. and Melissa A. Payne, to First Bank of Dalton dated December 18, 2009 and recorded in Deed Book 1512 Page 506; modified in Deed Book 1559 Page 338 and modified further in Deed Book 1605 Page 429, Deed Records of Catoosa County, Georgia, said Deeds being given to secure certain indebtednesses referred to therein, including, but not limited to, a Note in the original principal sum of $1,004,939.25 any renewals thereof, plus all accrued interest, there will be sold by the undersigned at public outcry to the highest bidder for cash on the Courthouse steps in Catoosa County, Georgia within the legal hours of sale on the first Tuesday in July 2015 (July 7), the following described property: All that tract or parcel of land lying and being in Land Lot No. 161 in the 9th District and 4th Section of Catoosa County, Georgia and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING of the tract of land herein described, commence at a point located in the south right of way line of a 40 foot right of way and the west right of way line of Burning Bush Road; thence north 50 degrees 44 minutes west along the south line of said 40 foot right of way 260.2 feet to the east side of Summit Street (not opened); thence continuing along the south line of a 40 foot right of way north 67 degrees 02 minutes west 40.50 feet to the west side of said unopened Summit Street which is THE TRUE POINT OF BEGINNING; thence south 13 degrees 56 minutes west a distance of 890.5 feet to a point; thence north 89 degrees 46 minutes west a distance of 316.6 feet to a point; thence north 17 degrees 11 minutes east a distance of 939 feet to a point on the south line of said 40 foot right of way; thence along the south line of the 40 foot right of way south 84 degrees 36 minutes east a distance of 173.9 feet to a point; thence continuing along the south line of said right of way south 78 degrees 04 minutes east a distance of 85.4 feet to a point and THE POINT OF beginning. For prior title see Deed Book 1512 Page 503, Catoosa County, Georgia Land Records. Together with all fixtures and personal property, if any, attached to and constituting a part of said property. The indebtednesses secured by said Deed having been and are hereby accelerated and declared due because of, among other possible events of default, failure to pay in accordance with the terms of said Deed and/or Note. Said indebtednesses remaining in default said sale will be held as provided by law and under the terms of said Deed. The proceeds of said sale shall be applied to the payment of said indebtednesses, the expenses of this proceeding, including but not limited to, attorney's fees, and all other payments as provided for under the Deed, Note and by law. Notice has been given of the intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with legal requirements and the terms of said Deed and Note. Said property will be sold subject to all outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, lien for unpaid utility and water bills, and other matters of record superior, if any, to the Deed and the sale will be conducted subject to confirmation that it is not stayed under the U.S. Bankruptcy Code and to final audit and confirmation of the loan with the holder of the Deed. To the best knowledge, information and belief of the undersigned, said property is in the possession of Jack C. Payne, Jr. and Melissa A. Payne, or tenants, and will be sold as the property of Jack C. Payne, Jr. and Melissa A. Payne. First Bank of Dalton, As Attorney in Fact for Jack C. Payne, Jr. and Melissa A. Payne By: WILLIAM W. BELL, JR. MINOR, BELL & NEAL, As Attorneys for First Bank of Dalton P. O. Box 2586, Dalton, GA 30722-2586; (706) 259-2586 6-10,17,24:7-1
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