Notice Content
NOTICE OF SALE UNDER
POWER IN DEED TO SECURE DEBT
STATE OF GEORGIA
COUNTY OF GILMER
Under and by virtue of the Power of Sale in a certain Deed to Secure Debt from JASPER MOUNTAIN HIGHLANDS DEVELOPMENT, LLC, Grantor, to COMMUNITY BANK OF PICKENS COUNTY, Grantee, dated August 24, 2007, recorded in Deed Book 1415, pages 68-81, Gilmer County, Georgia records, as subsequently modified, said Deed to Secure Debt having been given to secure a Promissory Note dated September 23, 2013, in the principal amount of $2,722,284.56, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse of Gilmer County, Georgia, or at such other location as established by O.C.G.A. Section 9-13-161(c), on the first Tuesday in July 2015, to-wit, July 7, 2015, to the highest and best bidder for cash, the following described property:
ALL THAT TRACT or parcel of land lying and being in Land Lots 98 and 99, 11th District, 2nd Section, City of Ellijay and City of East Ellijay, Gilmer County, Georgia, and containing 3.10 acres (and consisting of Tracts 1, 3, 4, and a portion of Lots 9 and 10, Maddox Trade Center); as shown on a plat of survey prepared by Chastain & Reece, P.C., dated February 15, 1999, and recorded in Plat Book 32, pages 283, Gilmer County Records, to which reference is made for a complete and accurate legal description.
Together with a non-exclusive easement for ingress, egress and location of utilities over and across Russell Road, a portion of which is shown on the captioned plat.
This conveyance subject to an access easement over and across Tract 1, Maddox Trade Center, as described in an easement agreement, dated April 27, 1999, and recorded in Deed Book 657, page 97, Gilmer County Records, and depicted on the referenced plat.
The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of non-payment pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney's fees and
foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. The indebtedness remaining in default, the
sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, and expenses of the sale and other sums secured by the Deed to Secure Debt, including attorney's fees, and the remainder, if any, shall be applied as
provided by law. To the best of the undersigned's knowledge and belief, the property is in the possession of JASPER MOUNTAIN HIGHLANDS DEVELOPMENT, LLC and the property will be sold as the property of JASPER MOUNTAIN HIGHLANDS DEVELOPMENT, LLC, subject to outstanding ad valorem taxes, street improvements, and easements or restrictions of record, if any.
Said property is more commonly known as 572 Maddox Drive, Ellijay, GA 30540. The undersigned will execute a deed to the purchaser at said sale as provided by the Deed to Secure Debt.
COMMUNITY BANK OF PICKENS COUNTY
as Attorney-in-fact for
JASPER MOUNTAIN HIGHLANDS
DEVELOPMENT, LLC
Phil M. Landrum, III
LANDRUM & LANDRUM
95 Stegall Drive
P. O. Box 400
Jasper, GA 30143
(706) 692-6464
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