NOTICE OF SALE UNDER POWER
County of Lumpkin, State of Georgia
Under and by the virtue of the power of sale contained in that certain Security Agreement dated June 28. 2010 executed and delivered by Walter Lee (hereinafter referred as Grantor ), to Noel Rawson ( Lender ) recorded in Deed Book 1164, Page 449, Lumpkin County, Georgia, records, (the Security Deed ), Lender, as Attorney in fact for Grantor, will sell at public outcry, to the highest bidder for cash, before the courthouse doors of Lumpkin County Georgia, within the legal hours of sale on the first Tuesday in March, 2013, the following described property (hereinafter the Premises ), being all of that certain tract or parcel of land, together with any and all buildings, structures, and improvements of every nature whatsoever now or hereafter situated on, under or above said tract or parcel of land described on Exhibit A , attached hereto and incorporated herein by reference. The Premises will be sold as the property of Walter Lee. To the best of the knowledge the Premises is in the possession of Walter Lee, or those claiming by, through or under them. The Premises will be sold subject to (i) all unpaid taxes and assessments; (ii) all matters that would be disclosed by a current and accurate survey and inspection of the Premises; and
(iii) all easements, limitations, restrictions, reservations, covenants and encumbrances of record to which the Security Deed is inferior in terms of priority.
The Security Deed secures the indebtedness evidenced by that certain promissory note dated June 28, 2010, made, executed and delivered by Grantor to Lender, in the original, principal amount of $57,600.00 ( the Note ), together with any and all other indebtedness of Grantor to Lender as more particularly set forth in the Security Deed. The entire remaining indebtedness secured by the Security Deed has matured and/or is in default and has been declared due and immediately payable under the terms of the Note and Security Deed. The 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). The proceeds of the sale of the Premises shall be applied first to the expenses of publication, notice and sale, and as otherwise provided by the Security Deed.
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.
Exhibit A attached hereto.
Noel Rawson, as Attorney in Fact for Walter Lee
7340 Saddle Creek Trail
Gainesville, GA. 30506
678 947 8047
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 305/308 OF THE 5TH LAND DISTRICT, SECTION 1, LUMPKIN COUNTY, GEORGIA, OF NIMBLEWILL OVERLOOK SUBDIVISION, BEING KNOWN AS LOT 4, CONSISTING OF 2.523 ACRES, MORE OR LESS, AS MORE FULLY SHOWN ON A PLAT OF SURVEY PREPARED BY BRUMBELOW-REESE & ASSOCIATES, INC. R.S.DATED MARCH 5, 1996, RECORDED ON DECEMBER 4, 1996, IN PLAT BOOK 30, PAGE 116, LUMPKIN COUNTY, GEORGIA RECORDS, AND SAID PLAT INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE DESCRIPTION.
SUBJECT TO THAT CERTAIN DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR NIMBLEWILLE OVERLOOK, RECORDED ON OCTOBER 31, 1995 IN DEED BOOK I-5, PAGES 154-167, LUMPKIN COUNTY, GEORGIA, RECORDS.