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STATE OF GEORGIA COUNTY OF HARRIS NOTICE OF SALE UNDER POWER
Nov 30, 2012 | 268 views | email to a friend | print

STATE OF GEORGIA

COUNTY OF HARRIS

NOTICE OF SALE UNDER POWER

Under and by virtue of the Power of Sale in that certain Security Deed, executed by Henderson Trammell (hereinafter referred to as the Grantor) to Capital City Bank (hereinafter referred to as the Lender), dated October 31, 2008, recorded in Deed Book 1063, Page 579, Harris County, Georgia, records (the Security Deed), said Security Deed having been given to secure a promissory note executed by Henderson Trammell, dated October 31, 2008, in the original principal amount of $92,200.00 (the note), there will be sold by the Lender at public outcry, during the legal hours of sale before the door of the Courthouse of Harris County, Georgia, on January 2, 2013, to the highest and best bidder for cash, the following described property:

TRACT ONE: Beginning at a point on the Northerly margin of a dirt county road in Land Lot 175, Fifth Land District, Harris County, Georgia, marking the Southeast corner of Lee Trammell (Deed Book 78, Page 400, Harris County records); thence run along said road in a Southeasterly direction for 210 feet, more or less, to the point of beginning. FROM THIS POINT OF BEGINNING, continue along said road South 85 37' East for 210 feet; thence North 04 23' East for 210 feet; thence North 85 37' W for 210 feet; thence South 04 23' West for 210 feet to the point of beginning. This being part of the tract described in Deed Book 29, Page 354, in the Office of the Clerk of the Superior Court of Harris County, Georgia, and being the same property which was conveyed to Henderson Trammell by deed recorded in Deed Book 351, Page 656, in the Office of the Clerk of the Superior Court of Harris County, Georgia. Said property is located in Land Lot 175, Fifth Land District, Harris County, Georgia.

TRACT TWO: A tract or parcel of land containing 3.509 acres, more or less, in Land Lot 175, 5th Land District, Harris County, Georgia, being more particularly described as follows: From the Southwest corner of Land Lot 175 run thence N 53 00' 00" E for 210.0 feet; thence N 49 23' 00" E for 400.0 feet; thence S 40 37' 00" E for 380.9 feet; thence S 62 20' 00" E for 119.3 feet; thence S 62 02' 43" E for 119.3 feet to a rebar which marks the point of beginning. FROM THIS POINT OF BEGINNING, run thence N 29 22' 00" E for 234.26 feet to a rebar for a point; thence N 29 22' 01" E for 178.44 feet to an iron pin for a corner; thence S 77 32' 25" E for 371.59 feet to an iron pin for a corner; thence S 01 27' 02" E for 266.03 feet to an iron pin for a corner on the northerly right-of-way margin of Harris County Road No. 36 (Whitten Road); thence S 86 34' 09" W for 266.85 feet along said road right-of-way margin to a rebar for a point; thence S 89 18' 34" W for 210.0 feet along said road right-of-way margin to a rebar for a point; thence N 87 02' 01" W for 95.73 feet along said road right-of-way margin to a rebar for a corner, which is also the point of beginning.

The above-described real property is shown on a plat of survey, dated December 2, 1998, prepared for Henderson Trammell by William L. Morkes, R.L.S., which said plat of survey is incorporated herein by reference.

LESS AND EXCEPT from the above-described parcel, however, that portion thereof which was previously conveyed to Henderson Trammell by Addis Trammell, Jr., and Lula Trammell by deed recorded in Deed Book 351, Page 656, in the Office of the Clerk of the Superior Court of Harris County, Georgia.

This being the same property which was conveyed to Henderson Trammell by deed recorded in Deed Book 508, Page 593, in the Office of the Clerk of the Superior Court of Harris County, Georgia.

LESS AND EXCEPT FROM THE ABOVE DESCRIBED Tracts One and Two, any part of the same which was conveyed to Benjamin N. Trammell and Debra S. Trammell by deed rerecorded in Deed Book 748, Page 178, in the Office of the Clerk of the Superior Court of Harris County, Georgia.

TRACT THREE:

PARCEL A: All that tract or parcel of land lying and being in the south half of Land Lot 175 of the Fifth Land District of Harris County, Georgia, being that tract of land conveyed by Charles Trammell to Addis Trammell by deed dated August 1957, as recorded in Deed Book 29, Page 354, in the Office of the Clerk of the Superior Court of Harris County, Georgia, less all tracts of land heretofore conveyed by Addis Trammell, and less and except, further, that tract of land devised by Addis Trammell to Julia Trammell and Bobby Trammell, which is described as being all of TRACT ONE as more particularly described n that plat of survey entitled, "Boundary Survey Prepared for Bobby Trammell and Julia Trammell," prepared by William L. Morkes, Registered Land Surveyor, dated October 5, 2006, as recorded in Plat Book 32, Page 73, in the Office of the Clerk of the Superior Court of Harris County, Georgia. Said plat is herewith incorporated by reference for a more complete and accurate description. The property herein described is that 2.642 acre parcel of land shown as TRACT TWO on said plat. Said parcel is adjacent to Harmon Road.

PARCEL B: All those tracts or parcels of land lying and being in Land Lot 175 of the Fifth Land District of Harris County, Georgia, being further shown as TRACT 1 (6.807 acres, more or less) and TRACT 2 (1.00 acre, more or less), according to that plat of survey entitled, "Boundary Survey Prepared for Henderson Trammell," prepared by William L. Morkes, Registered Land Surveyor, dated August 15, 2007, as recorded in Plat Book 33, Page 76, in the Office of the Clerk of the Superior Court of Harris County, Georgia. Said plat is herewith incorporated by reference for a more complete and accurate description.

Tract Three is the same property which is described in that certain deed which is recorded in Deed Book 1032, Page 67, in the Office of the Clerk of the Superior Court of Harris County, Georgia.

To the best knowledge and belief of the undersigned the address of the above described property is 860 Whitten Road, West Point, Georgia, 31833 and the party in possession is Henderson Trammell or a tenant.

The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ms. Betsy Doll, Capital City Bank, 1301 Metropolitan Blvd., Tallahassee, Florida 32308, TEL: 850.402.8006. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.

The debt secured by said Security Deed and Note has been and is hereby declared due and payable in full because of the occurrence of a default under the terms and conditions of the Security Deed and Note. Notice has been given of intention to enforce provisions for collection of attorney fees and foreclosure in accordance with legal requirements and the terms of the Security Deed and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and other sums secured by the Security Deed including attorney fees, and the remainder, if any, shall be applied as provided by law, and said property will be sold subject to any prior liens, outstanding ad valorem taxes, street improvements, and easements or restrictions of record, if any. The Lender will execute a deed to the purchaser at said sale as provided in the Security Deed.

This sale is subject to audit and final confirmation of the status of the loan by the Lender and to confirmation that the sale is not prohibited under the United States Bankruptcy Code.

CAPITAL CITY BANK, as Attorney in Fact for Henderson Trammell



By: Donald R. Cleveland

Attorney for Lender

P. O. Box 527

West Point, Georgia 31833

(706) 643-9552

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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