WM3015 CN3226 STATE OF GEORGIA COUNTY OF CATOOSA AND WALKER NOTICE OF SALE UNDER POWER
WM3015 CN3226 STATE OF GEORGIA COUNTY OF CATOOSA AND WALKER NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Georgia Security Deed and Security Agreement and from Terry Stephen Wilson and Carolyn A. Wilson to Branch Banking and Trust Company dated June 13, 2007, and recorded in Deed Book 1378, Page 612, Catoosa County, Georgia Records and in that certain Georgia Security Deed and Security Agreement from Terry Stephen Wilson and Carolyn A. Wilson to Branch Banking and Trust Company dated June 13, 2007, and recorded in Deed Book 1502, Page 47, Walker County, Georgia Records (hereinafter referred to as Deed to Secure Debt ), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Catoosa County, Georgia, within the legal hours of sale on Tuesday, August 7, 2012, the property described on Exhibit A attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney s fees. 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, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice. To the best knowledge and belief of the undersigned, the Party in possession of the property is Terry Stephen Wilson and Carolyn A. Wilson or a tenant or tenants, and said property is more commonly known as Tract 1 in Land Lots 211 and 222, in the 27th District and 3rd Section, Catoosa County and Walker County, Georgia, and Tract 2 in Land Lot 215, in the 11th District, 3rd Section, Catoosa County, Georgia. However, please rely only on the legal description contained in this notice for the location of the property The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion. Branch Banking and Trust Company, Attorney in Fact for Terry Stephen Wilson and Carolyn A. Wilson Martin G. Quirk, Esq. Douglas D. Ford, Esq. Quirk & Quirk, LLC 6000 Lake Forrest Drive, Suite 300 Atlanta, Georgia 30328 (404) 252-1425 Exhibit A Tract 1 All that tract or parcel of land lying and being in Land Lot Nos. 211 and 222, in the 27th District and 3rd Section of Catoosa and Walker County, Georgia and being more particularly described according to a survey prepared for Patricia J. and David E. Phillips by Donald O. Babb, Georgia Registered Land Surveyor No. 2029 of Allied Surveying, Inc., dated September 18, 2006 and revised September 19 and September 20, 2006 and recorded in Plat Book 20 Page 228, Catoosa County, Georgia Land Records as follows: Beginning at the northeast corner of Land Lot 222, in said district and section of Walker County, Georgia; thence along the east land lot line, south 00 degrees 26 minutes 26 seconds east, a distance of 371.40 feet to a rebar; thence north 82 degrees 02 minutes 35 seconds west, a distance of 303.28 feet to a rebar; thence north 73 degrees 47 minutes 35 seconds west, a distance of 237.71 feet to a rebar; thence north 74 degrees 40 minutes 00 seconds west, a distance of 224.53 feet to a rebar; thence north 02 degrees 32 minutes 28 seconds west, a distance of 198.63 feet to a rebar in the north line of Land Lot No. 222, also being the south line of Land Lot No. 211, in said district and section of Catoosa County, Georgia; thence continuing into Catoosa County, Georgia north 02 degrees 32 minute 28 seconds west, a distance of 158.01 feet to a rebar; thence north 84 degrees 09 minutes 34 seconds west, a distance of 435.27 feet to a rebar in the east right of way line of Georgia State Highway No. 151 a/k/a Alabama Highway (80 foot right of way); thence along said east right of way line the following courses and distances: north 18 degrees 52 minutes 24 seconds east, 46.75 feet; north 19 degrees 59 minutes 02 seconds east, 231.45 feet; north 21 degrees 21 minutes 17 seconds east, 243.58 feet; north 22 degrees 27 minutes 22 seconds east, 131.94 feet; north 22 degrees 30 minutes 56 seconds east, 184.08 feet; thence leaving the east right of way line of Alabama Highway, south 66 degrees 25 minutes 52 seconds east, a distance of 416.50 feet; thence south 51 degrees 27 minutes 37 seconds east, a distance of 640.67 feet to a point in the east line of Land Lot No. 211, in said district and section; thence along said east line, south 00 degrees 36 minutes 00 seconds east, a distance of 411.86 feet to the point of beginning. For prior title see Deed Book 1315, Page 709, Catoosa County, Georgia Land Records and in Deed Book 1444, Page 389, Walker County, Georgia Land Records. TRACT 2 All that tract or parcel of land lying and being in Land Lot No. 215 in the 11th District and 3rd Section of Catoosa County, Georgia, being more particularly described as follows: Beginning at the southwest corner of a tract of land heretofore conveyed by Harold Odess Land to Marvin L. McGhee by deed of record in Deed Book 38 Page 136, Catoosa County, Georgia Land Records; thence running east, along the south line of said McGhee tract a distance of 1,193 feet and 7 inches, more or less, to the southeast corner of said McGhee tract; thence north along the east line of said tract, a distance of 510 feet, more or less, to the north original line of said Lot No. 215; thence east, along said north original line, 965 feet, more or less, to the northeast corner of said Land Lot No. 215; thence south along the east original line of said lot, a distance of 812 feet, more or less, to the northeast corner of a tract or land heretofore deeded to Frank Gamblin by Mrs. Lorah Graham; thence in a westwardly direction, along the north line of said Gamblin tract, a distance of 2,100 feet, more or less, to a point in the west right-of-way line of the Tunnel Hill-Keith Public Road; thence in a northwardly direction, along said right-of-way line, to the point of beginning; all as shown by plat prepared by Earle E. Espy, dated May 6, 1966, of record in Plat Book 9 Page 13, Catoosa County, Georgia Land Records. For prior title see Deed Book 1219 Page 824 Catoosa County, Georgia Land Records. LESS AND EXCEPT THE FOLLOWING: All that tract or parcel of land lying and being in Original Land Lot No. 215, 11th District, 3rd Section, Catoosa County, Georgia, described as follows: BEGINNING on the east line of Nellie Head Road a distance of 25.6 feet north, as measured along the east line of Nellie Head Road, from the northwest corner of the Acuff property described in Deed Book 546, Page 241, Catoosa County, Georgia Deed Records; thence along the east line of said Road, north 10 degrees 30 minutes 00 seconds west, 112.30 feet and north 02 degrees 56 minutes 00 seconds west, 162.78 feet to a point; thence leaving said road and running North 80 degrees 15 minutes 54 seconds east, 46.54 feet to a point; thence South 75 degrees 56 minutes 50 seconds east a distance of 137.56 feet to a point; thence North 85 degrees 34 minutes 02 seconds east, 146.99 feet to a point; thence South 75 degrees 05 minutes 29 seconds east 95.58 feet to an iron pin set; thence South 07 degrees 00 minutes 41 seconds west, 278.29 feet to an iron pin set; thence North 88 degrees 15 minutes 00 seconds west, partially along a fence line, and along the north line of a 25 foot strip retained by Stockburger, a distance of 491.14 feet to an iron pin set on the east line of Nellie Head Road, the point of beginning. Being part of property conveyed to Charles Thomas and Betty Geneva Stockburger in Deed Book 726, page 287, Catoosa County Deed Records. TOGETHER WITH and subject to an easement 25 feet in width for ingress, egress and the installation and maintenance of public utilities, running partially along the north line of the above described property and across the property lying north thereof to the east line of Nellie Head Road. wm6/20,27;7/4,11,18,25;8/1