NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA, COUNTY OF RABUN.
NOTICE OF SALE UNDER POWER IN SECURITY DEED
STATE OF GEORGIA, COUNTY OF RABUN.
On March 14, 2008, Joey Dobbs Construction, LLC executed a Deed to Secure Debt With Power of Sale to Stephens Federal Bank, securing a note of even date for One Hundred Forty-Eight Thousand Five Hundred and 00/100 Dollars ($148,500.00), said security deed being recorded in Deed Book K33, Pages 270-277, Rabun County Records. Said security deed conveyed the property hereinafter described. By virtue of the power of sale contained in said security deed to Stephens Federal Bank, there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Rabun County Courthouse door in Clayton, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in November, the same being November 6, 2012, the following described property: All that tract or parcel of land lying and being in a part of Land Lot 104 of the Second Land District of Rabun County, Georgia, and being 0.38 acre as described upon a plat of survey dated September 30, 1986 prepared by T. Lamar Edwards, Georgia Registered Land Surveyor No. 1837, said survey being recorded in the office of the Clerk of Rabun Superior Court in Plat Book 23, Page 171. Said survey is incorporated herein by reference for a full and complete description of the above described lands. The above described lands are the same lands described in a deed from Bertrand C. Mills and Marjorie E. Mills to David L. Wheatley and Gwendolyn B. Wheatley in Deed Book Q-11, Page 49. Grantors also convey to Grantees a non-exclusive right of ingress and egress over Coleman Road as shown on said plat to and from said lot to the public road. Said Coleman Road is private road 20 feet wide, expressly reserving rights of others and for Carlton Coleman and his heirs and assigns to use said road and to convey similar road rights to others. Also, conveyed herein are those certain water rights which are more fully described in that certain deed from W. H. Mitchell, Jr. to Frank A. Dwyer and Kay E. Dwyer dated May 20, 1983, which is recorded in the office of the Clerk of Rabun Superior Court in Deed Book P-8, Page 671. This conveyance of water rights is also subject to the conditions that they will be used for household purposes on the above-described real property and the Grantees herein shall pay to Carlton Coleman and Marjorie Coleman, their heirs, successors and assigns $36.00 per year for maintenance of said water system. Said lot is conveyed subject to restrictive covenants contained in a warranty deed from Carlton Coleman and Marjorie Coleman to W.H. Mitchell, Jr. dated December 17, 1981 and recorded in the office of the Clerk of Rabun Superior Court in Deed Book D-8, Page 431. There is also conveyed the right to use that certain common driveway extending from Coleman Road to the above-described property. Said driveway extends over and across other lands of W.H. Mitchell, Jr. lying adjacent to the above-described property. The right to use said driveway shall be a non-exclusive right and shall inure to the benefit of the Grantees, their heirs, successors and assigns and shall be an easement appurtenant to the above-described property. There is reserved from the above-described property the right of W.H. Mitchell, Jr. to use any portion of said common driveway as it extends over the above-described lands. Said right shall inure to the benefit of W.H. Mitchell, Jr., his heirs, successors and assigns. Being same lands and rights described in a deed from Frank A. Dwyer and Kay E. Dwyer to Certain C. Mills and Marjorie E. Mills, recorded in Rabun County, Georgia Deed Records in Deed Book A-11, Page 184. The debt secured by said security deed and note has been and is hereby declared due and payable because of default for nonpayment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney s fees pursuant to the note and security deed, plus all expenses of this sale. Said property will be sold as the property of Joey Dobbs Construction, LLC and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale. To the best knowledge and belief of the undersigned, equitable title to said property is now held by Joey Dobbs Construction, LLC. The entity with full authority to negotiate, amend and modify all terms of the mortgage with Debtor is Stephens Federal Bank, 2859 Highway 17 Alt, Toccoa, Georgia 30577; phone number 706-886-2111. The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure Stephens Federal Bank. Dated this 20th day of September, 2012. Stephens Federal Bank, Attorney-in-fact for Joey Dobbs Construction, LLC Sanders & Ranck, P.C., P. O. Box 1005 Toccoa, GA 30577 706-886-7533, Attorneys for Stephens Federal Bank