Walker County Messenger
Walker County

WM8015 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF WALKER
Dec 05, 2012 | 238 views | email to a friend | print

WM8015

NOTICE OF SALE UNDER POWER

STATE OF GEORGIA

COUNTY OF WALKER

By virtue of the power of sale contained in that certain Georgia Security Deed and Security Agreement from Gary L. Kenworthy and Wanda L. Kenworthy to Branch Banking and Trust Company dated February 3, 2003, and recorded in Deed Book 1146, Page 363, 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 Walker County, Georgia, within the legal hours of sale on Wednesday, January 2, 2013, 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.

Please note that Branch Banking and Trust Company is the entity that has full authority to negotiate, amend, and modify all terms of the mortgage, and that Branch Banking and Trust Company can be contacted through the following representative:

Martin G. Quirk, Esq.

6000 Lake Forrest Drive, Suite 300

Atlanta, Georgia 30328

404-252-1425

To the best knowledge and belief of the undersigned, the Party in possession of the property is Gary L. Kenworthy and Wanda L. Kenworthy or a tenant or tenants, and said property is more commonly known as 721 Gowin Road, LaFayette, Walker 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 Gary L. Kenworthy and Wanda L. Kenworthy

Martin G. Quirk, Esq.

Quirk & Quirk, LLC

6000 Lake Forrest Drive, Suite 300

Atlanta, Georgia 30328

(404) 252-1425

Exhibit A

All that tract or parcel of land lying and being in original Land Lot No. 63, in the 26th District and 3rd Section of Walker County, Georgia, and being more particularly described as follows, to wit:

To find the POINT OF BEGINNING, start at the intersection of the centerline of Highway No. 201 and the intersection of the centerline of Gowin Road, as extended; thence running the following courses and distances along the centerline of Gowin Road; South 81 degrees 51 minutes 26 seconds West, a distance of 312.19 feet; South 85 degrees 07 minutes 53 seconds West, a distance of 104.02 feet; South 87 degrees 42 minutes 24 minutes West, a distance of 65.93 feet; South 87 degrees 37 minutes 42 seconds West, a distance of 172.47 feet; South 86 degrees 31 minutes 00 seconds West, a distance of 476.91 feet; South 88 degrees 13 minutes 03 seconds West, a distance of 139.92 feet; North 89 degrees 05 minutes 16 seconds West, a distance of 181.43 feet; North 80 degrees 52 minutes 37 seconds West, a distance of 69.45 feet; North 73 degrees 45 minutes 36 seconds West, a distance of 46.61 feet North 77 degrees 46 minutes 48 seconds West a distance of 42.14 feet; North 85 degrees 12 minutes 32 seconds West, a distance of 47.78 feet; South 86 degrees 58 minutes 15 seconds West, a distance of 28.19 feet; South 76 degrees 14 minutes 22 seconds West, a distance of 69.63 feet; North 89 degrees 49 minutes 08 seconds West, a distance of 262.17 feet; South 87 degrees 18 minutes 57 seconds West, a distance of 51.42 feet; South 82 degrees 00 minutes 46 seconds West, a distance of 26.55 feet; South 64 degrees 43 minutes 13 seconds West, a distance of 21.24 feet; South 57 degrees 51 minutes 33 seconds West, a distance of 57.07 feet; South 64 degrees 45 minutes 38 seconds west, a distance of 34.82 feet; south 75 degrees 22 minutes 18 seconds West, a distance of 34.83 feet; south 80 degrees 59 minutes 26 seconds West, a distance of 23.53 feet; and thence leaving the center line of Gowin Road and running South 85 degrees 41 minutes 17 seconds West, a distance of 233.73 feet to a point on the south line of Gowin Road; thence South 88 degrees 08 minutes 20 seconds West, a distance of 45.00 feet to the POINT OF BEGINNING. From said

POINT OF BEGINNING thence South 01 degree 18 minutes 06 seconds West, a distance of 30.00 feet; thence South 01 degree 18 minutes 06 seconds West, a distance of 626.00 feet to a point; thence south 88 degrees 04 minutes 21 seconds West, a distance of 593.49 feet to a point on the easterly and southerly line of Old Field Road, which is marked by an iron pin; thence in a Northwardly direction along the east line of the Old Field Road the following courses and distances; thence North 08 degrees 35 minutes 36 seconds West, a distance of 34.80 feet; thence North 35 degrees 47 minutes 48 seconds West, a distance of 30.77 feet; thence North 56 degrees 31 minutes 42 seconds West, a distance of 32.44 feet; thence North 62 degrees 21 minutes 40 seconds West, a distance of 58.19 feet; thence North 41 degrees 51 minutes 03 seconds west, a distance of 30.33 feet; thence North 21 degrees 07 minutes 00 seconds west, a distance of 19.12 feet; thence North 03 degrees 58 minutes 14 seconds West, a distance of 35.97 feet; thence North 06 degrees 37 minutes 47 seconds East, a distance of 82.15 feet; thence North 10 degrees 46 minutes 01 seconds East a distance of 119.22 feet; thence North 21 degrees 37 minutes 29 seconds East, a distance of

49.00 feet; thence North 29 degrees 18 minutes 20 seconds East, a distance of 162.29 feet; thence North 39 degrees 30 minutes 24 seconds East, a distance of 24.91 feet thence North 49 degrees 18 minutes 04 seconds East, a distance of 42.02 feet; thence North 54 degrees 11 minutes 30 seconds East, a distance of 37.19 feet; thence North 61 degrees 16 minutes 31 seconds East, a distance of 34.64 feet; thence North 71 degrees 41 minutes 42 seconds East, a distance of 30.45 feet; thence North 78 degrees 19 minutes 43 seconds East, a distance of 20.37 feet; thence North 86 degrees 42 minutes 10 seconds East, a distance of 33.49 feet; thence South 89 degrees 54 minutes 14 seconds East, a distance of 169.16 feet; thence North 87 degrees 30 minutes 09 seconds East, a distance of 196.31 feet; thence North 89 degrees 16 minutes 12 seconds East a distance of 54.51 feet to the POINT OF BEGINNING.

TOGETHER WITH AN EASEMENT for purposes of ingress and egress which is located in Land Lot Nos. 47, 62 and 63, in the 26th District and 3rd section of Walker County, Georgia, and which is 20-feet in width, the center line of which is described as follows: Begin at the intersection of the center line of Highway No. 201 and the center line at Gowin Road, as extended; thence south 81 degrees 51 minutes 26 seconds West, a distance of 312.19 feet; South 85 degrees 07 minutes 53 seconds West, a distance of 104.02 feet; South 87 degrees 37 minutes 42 seconds West, a distance of 172.47 feet; South 86 degrees 31 minutes 00 seconds West, a distance of 476.91 feet; South 88 degrees 13 minutes 03 seconds West, a distance of 139.92 feet; North 89 degrees 05 minutes 16 seconds West, a distance of 181.43 feet; North 80 degrees 52 minutes 37 seconds West, a distance of 69.45 feet; North 73 degrees 45 minutes 36 seconds West, a distance of 46.61 feet; North 77 degrees 46 minutes 48 seconds West, a distance of 42.14 feet; North 85 degrees 12 minutes 32 seconds West, a distance of 47.78 feet; South 86 degrees 58 minutes 15 seconds West, a distance of 28.19 feet; South 76 degrees 14 minutes 22 seconds West, a distance of 69.63 feet; North 89 degrees 49 minutes 08 seconds West, a distance of 262.17 feet; South 87 degrees 18 minutes 57 seconds West, a distance of 51.42 feet; South 82 degrees 00 minutes 46 seconds West, a distance of 26.55 feet; South 64 degrees 43 minutes 13 seconds West, a distance of 21.24 feet; South 57 degrees 51 minutes 33 seconds West, a distance of 57.07 feet; South 64 degrees 45 minutes 38 seconds West, a distance of 34.82 feet; South 75 degrees 22 minutes 18 seconds West, a distance of 34.83 feet; South 80 degrees 59 minutes 26 seconds West, a distance of 23.53 feet; thence continuing along the center line of Gowin Road to a point which is located 10 feet North of the northeast corner of the above described property.

TOGETHER WITH AN EASEMENT for purposes of ingress and agrees across the following described property which is located in Land Lot No. 63, in the 26th District and 3rd Section of Walker County, Georgia and which is more particularly described as follows: BEGINNING at the northeast center of the above described property; thence South 01 degrees 18 minutes 06 seconds West, a distance of 30.00 feet; thence North 55 degrees 26 minutes 13 seconds East, a distance of 55.44 feet; thence South 88 degrees 08 minutes 20 seconds West, a distance of 45.00 feet to the POINT OF BEGINNING. The above described property is shown on a plat of a survey which is prepared for Gary Kenworthy and Wanda Kenworthy, dated July 23, 1997, by Allied Surveying, Inc., Georgia Registered Surveyor No. 2029.

wm12/5,12,19,26