Raymond Elrod 11 08 12
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF CHATTOOGA
Under and by virtue of the power of sale contained in a Deed to Secure Debt given by Raymond Elrod to E.H. Chisolm dated January 5, 2012, recorded in Deed Book 596, Page 616-618, Chattooga County, Georgia Superior Clerk s Office, conveying the after described property to secure a note with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door in Chattooga County, Georgia, within the legal hours of sale upon the first Tuesday in December, 2012 (December 4, 2012) and continuing from day to day until sold, the following described property, to-wit:
All that tract or parcel of land lying and being in Land Lot Number 15 in the 14th District and 4th Section of Chattooga County, Georgia and being a part of Lots Ten (10) and Eleven (11) of the Burnham-Farrar Subdivision as recorded in Plat Book 2, Page 66 in the office of the Clerk of Superior Court of Chattooga County, Georgia and being more particularly described as follows:
Beginning at a point located on the south right-of-way of Fair Street, said point being 110 feet west as measured along said right-of-way from its intersection with the west right-of-way of Highway 114; thence continuing along the north line of Lot 10, 80 feet, more or less, to the northwest corner of Lot 10; thence in a southerly direction along the west side of Lots 10 and 11 to the southwest corner of Lot 11; thence in a northeasterly direction 80 feet; more or less, to a point; thence in a northerly direction to the point of beginning.
Together with a mobile home situated thereon.
Being the same property conveyed by deed dated June 2, 1999, recorded in Deed Book 337, Page 349, Chattooga County Deed Records.
The debt secured by said Deed to Secure Debt is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
To the best of knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 37 Fair Street, Summerville, Georgia 30747 is Raymond Elrod, and or tenant, or present occupant.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudical sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Raymond Elrod has been notified in accordance with Georgia Law that attorney s fees will be collected for the default in payment of said note, and has been further notified in accordance with O.C.G.A. 44-14-162 through 44-14-162.4 that foreclosure proceedings have been instigated against this property by sending a copy of the legal advertisement prior to 30 days before the date of sale, by certified mail to the property address or such other address as the debtor may designate by written notice to the secured creditor. The person who shall have full authority to negotiate, amend and modify all terms of the deed to secure debt with the debtor, together with their telephone number is as follows: E.H. Chisolm, 525 Chisolm Trail, Summerville, GA 30747, (706) 857-2465.
The property will be sold as the property of the makers of