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Terrell County

GEORGIA, TERRELL COUNTY FORECLOSURE AD
Nov 06, 2012 | 235 views | email to a friend | print

GEORGIA, TERRELL COUNTY

FORECLOSURE AD

Under and by virtue of the power of sale contained in that certain Deed to Secure Debt, dated August 9, 2004, from DAWSON MOTOR COMPANY to ALBANY BANK AND TRUST and filed for record on August 19, 2004, and recorded in Deed Book 7K, Pages 500-507, in the Office of the Clerk of the Superior Court of Terrell County, Georgia, which Security Deed was subsequently assigned to Bank of Dawson by that certain Assignment recorded in Deed Book 9X, Pages 596-597, Public Deed Records of Terrell County, Georgia, the undersigned will sell at public outcry during the legal hours of sale before the Courthouse in Terrell County, Georgia, on the first Tuesday in December, 2012, to the highest bidder for cash, the following described real property, to-wit:

All that tract or parcel of land containing .81 acres in the City of Dawson and being a part of Lots 2 and 3, in Block No. 17, according to the map of said City by Marbury & Wright. Said property being more particularly described as follows: Begin at a reference point where the south right-of-way of 7th Avenue intersects the east right-of-way of Georgia State Route No. 55, also known as Rountree Drive, from said reference point thence south 88 degrees 03 minutes 45 seconds east a distance of 14.00 feet to an iron pin located on the south right-of-way of 7th Avenue, which point is the POINT OF BEGINNING; from said point of beginning thence continue south 88 degrees 03 minutes 45 seconds east along the south right-of-way of 7th Avenue a distance of 134.00 feet to an iron pin; thence south 01 degree 45 minutes 30 seconds west a distance of 238.00 feet; thence north 88 degrees 03 minutes 45 seconds west a distance of 148.00 feet to a point located on the east right-of-way of Georgia State Route No. 55, also known as Rountree Drive; thence north 01 degree 45 minutes 30 seconds east along the east right-of-way of Georgia State Route No. 55, also known as Rountree Drive, a distance of 222.10 feet to a concrete monument; thence north 43 degrees 12 minutes 02 seconds east a distance of 21.15 feet and the point of beginning.

The herein described property is more defined and delineated by that certain survey prepared by D.S. McCoy, Georgia Registered Land Surveyor, under date of December 27, 1996, which survey is recorded in Plat Book 3, Page 54, of the Public Deed Records of Terrell County, Georgia.

LESS AND EXCEPT: All that tract or parcel of land located in the City of Dawson, Terrell County, Georgia and being a part of Block 17 according to the Map of the City of Dawson, being more particularly described as follows:

TRACT A: The Point of Beginning is the intersection of the south right-of-way of West 7th Avenue and the west right-of-way of North Main Street; from said Point of Beginning thence south 01 degree 00 minutes 47 seconds east along the west right-of-way of North Main Street a distance of 158.29 feet; thence south 89 degrees 09 minutes 41 seconds west a distance of 161.57 feet; thence south 00 degrees 19 minutes 30 seconds east a distance of 80.60 feet; thence south 88 degrees 28 minutes 00 seconds west a distance of 38.46 feet; thence north 01 degree 00 minutes 47 seconds west a distance of 239.83 feet to a point located on the south right-of-way of West 7th Avenue; thence north 89 degrees 17 minutes 39 seconds east along the south right-of-way of West 7th Avenue a distance of 201.00 feet and the Point of Beginning.

Tract "A" is more defined and delineated according to that certain Survey prepared by Jimmy R. Toole, Georgia Registered Land Surveyor, dated April 23, 2009, which Survey is recorded in Plat Book 6, Page 66, Public Deed Records of Terrell County, Georgia. Said plat, survey and record thereof are by express reference thereto incorporated herein for a more complete description of said property.

The debt secured by said Deed to Secure Debt is evidenced by two notes from Dawson Motor Company in favor of Bank of Dawson, the first being dated May 19, 2011in the principal amount of $70,438.00, and the second being dated January 19, 2012 in the principal amount of $300,150.00.

The debt secured by said Deed to Secure Debt and evidenced by said notes have been and is hereby declared due and payable because of Grantor's failure to pay said notes as the same became due. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness including all accrued and unpaid interest thereon and attorney's fees and all expenses of said sale.

Pursuant to O.C.G.A. 44-14-162.2, the person who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is as follows: Bank of Dawson, P.O. Box 230, Dawson, Georgia 39842. Provided however, such person shall not be required to negotiate, amend or modify the terms of a mortgage instrument.

This property will be sold as the property of Dawson Motor Company, who, to the best of the undersigned's knowledge and belief is the party in possession of said property.

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 said Deed to Secure Debt and note.

Said property will be sold subject to any and all unpaid taxes and assessments, if any, and other restrictions and easements of record, if any.

This law firm is attempting to collect a debt and any information obtained will be used for that purpose.

Bank of Dawson

As Attorney In Fact For

Dawson Motor Company



COLLIER & GAMBLE, LLP

As Attorneys For

Bank of Dawson

This Document Prepared By:

Edward R. Collier

State Bar No.: 0178064

COLLIER & GAMBLE, LLP

Attorneys at Law

P.O. Box 577

Dawson, GA 39842

(229) 995-5657

(11-8-4t)