STATE OF GEORGIA
COUNTY OF UNION
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale contained in a Security Deed from GARY L. PAYNE to UNITED COMMUNITY BANK, dated April 10, 2006, recorded April 18, 2006, in Deed Book 641, Page 752, Union County, Georgia records, as last modified by Modification of Security Deed dated December 23, 2009, recorded in Deed Book 823, Page 686, Union County, Georgia records; as transferred to WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE OF THE CF SOUTHEAST TRUST 2011-1 by Transfer and Assignment recorded in Deed Book 868, Page 730 and re-recorded in Deed Book 874, Page 133, Union County, Georgia records, said Security Deed being given to secure a Note from GARY PAYNE dated December 23, 2009, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Union County, Georgia, within the legal hours of sale on the first Wednesday in January, 2013, the following described property:
All that tract or parcel of land lying and being part of Land lot 310 of the 8th District, 1st Section, and also being a part of Land Lot 15 in the 7th District, 1st Section, Union County, Georgia, containing 54 acres and bounded as follows: Beginning at the Southeast original corner of Land Lot 310; thence North with the original line 1175 feet to a conditional corner on the original line; thence North 74 degrees W 950 feet; thence North 88 degrees W 960 feet with the L. Blue Line; to a conditional corner; thence South 12 degrees W 800 feet; thence South 26 degrees E 1300 feet to a conditional corner; thence North 58 degrees E 785 feet to the original line between Land Lots 15 and 310; thence East with said line 808 feet to the original corner which is the point of beginning.
LESS AND EXCEPT: All that tract or parcel of land lying and being in the 8th District, 1st Section, Land Lot 310, Union County, Georgia, containing 1.002 acres, more or less and being shown on a plat of survey by Rochester & Associates, Inc., dated November 2, 1999 and recorded in Plat Book 45, Page 85, Union County, Georgia records. Said plat is incorporated herein, by reference hereto, for a full and complete description of the above described property.
LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 310, 8th District, 1st Section, Union County, Georgia, containing 3.959 acres, as described by that plat of survey by Southern Geosysytems, LTD., James C. Jones RLS #2298, dated 09/19/06, recorded in Plat Book 59, Page 23, Union County, Georgia records, which description is incorporated herein by reference and made a part hereof.
LESS AND EXCEPT: All that tract or parcel of land lying and being in the 8th District, 1st Section, Land Lot 310 of Union County, Georgia, containing 3.356 acres more or less, and being further identified as Tract 2A, as shown on a plat of survey by Southern Geosystems, Ltd., dated October 10, 2006, last revised February 13, 2008, and recorded in Union County, Georgia records in Plat Book 60, Page 260. Said plat is incorporated into this instrument by reference hereto for a complete and accurate description of the above conveyed property.
The debt secured by said Security Deed has been and 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 Security Deed. 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 Security Deed and by law, including attorney s fees (notice of intent to collect attorney s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is GARY L. PAYNE or a tenant or tenants.
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE OF THE CF SOUTHEAST TRUST 2011-1,
as attorney in Fact for GARY L. PAYNE
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
File No. AM190-00127
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.