WM8022 NOTICE OF SALE UNDER POWER IN SECURITY DEED WHEREAS, ERIC L. DODD,
NOTICE OF SALE UNDER POWER IN SECURITY DEED
WHEREAS, ERIC L. DODD, executed and delivered a certain Security Deed with Power of Sale to Capital Bank, for the purpose of securing the indebtedness therein described, which Security Deed with Power of Sale appears of record in Deed Book 1240, Pages 821-826, in the Office of the Clerk of the Superior Court of Walker County, Georgia, reference to which deed is hereby made for its full terms, provisions and conditions; and,
WHEREAS, the debt secured by said deed aforesaid has become in default as to the principal and interest thereon, and the holder thereof has declared the entire indebtedness owing thereunder at once and immediately due and payable;
NOW, THEREFORE, pursuant to the terms, provisions and conditions of the aforesaid Security Deed with Power of Sale, the law in such cases made and provided, the undersigned will offer fore sale and will sell for cash on January 2, 2013, [said date being the immediate following Wednesday after the first Tuesday in said month, pursuant to O.C.G.A. 9-13-161(a), inasmuch as the first Tuesday of said month falls on New Year's Day], between the legal hours of sale at public outcry before the Courthouse door in Walker County, Georgia, the following real estate, to wit:
All that tract or parcel of land lying and being in Original Land Lot Number Thirty-Five (35) in the Eighth (8th) District and Fourth (4th) Section of Walker County, Georgia, being known and designated as Lot No. Four (4) and a fifty (50) foot strip running from said Lot No. 4 in a northerly direction to Bowen Lane, of the Alton R. Boren and Gladys L. Boren Property as shown by map prepared by K.C. Campbell, dated October 16, 1997, being one contiguous tract described as follows: BEGINNING at the common corner of Land Lots 35, 36, 37 and 38, said District and Section; thence along the west line of said Land Lot No. 35 the following courses and distances: North 01 degree 19 minutes 38 seconds east, 457.02 feet; north 02 degrees 07 minutes 20 seconds east, 358.51 feet; north 01 degrees 50 minutes 59 seconds east, 210.09 feet and north 01 degrees 45 minutes 19 seconds east, 205.56 feet to a point on the south line of Bowen Road; thence along the south line of Bowen Road, south 66 degrees 17 minutes 38 seconds east, 23.04 feet to a point; thence south 01 degree 45 minutes 19 seconds west, 189.55 feet to a point; thence south 01 degree 50 minutes 59 seconds west, 210.09 feet to a point; thence south 02 degrees 07 minutes 20 seconds west, 304.00 feet to a point; thence south 02 degrees 07 minutes 20 seconds west, 54.44 feet to a point; thence south 01 degree 19 minutes 38 seconds west, 75.98 feet to a point; thence south 01 degree 19 minutes 38 seconds west, 127.45 feet to a point; thence south 01 degree 19 minutes 38 seconds west, 124.61 feet to a point; thence south 86 degrees 34 minutes 14 seconds east, 369.31 feet to a point; thence south 02 degrees 16 minutes 03 seconds east, 130.15 feet to a point on the south line of Land Lot No. 35; thence along said south line, north 86 degrees 29 minutes 16 seconds west, 427.50 feet to the point of beginning. SUBJECT to the rights of all the property owners lying east of and contiguous to said 50 foot strip for ingress, egress and the installation and maintenance of public utilities, to serve the within property, as well as all the other property lying east of and contiguous to said 50 foot strip, all as shown by Plat of survey prepared by Compton Surveying Company for Mark Blevins on September 16, 1988, and revised on January 13, 1999.
Subject to and together with the easement for ingress and egress and installation and maintenance of public utilities executed by and between Bruce K. Hubbard to Jack Wiley and Darlene Cannon as shown by instrument of record in Deed Book 1030, Page 743, Walker County, Georgia Deed Records.
The hereinabove property is improved with a certain manufactured home, serial no. CH3AL04240A and CH3AL04240B. This foreclosure notice is intended to and does include the manufactured home affixed to the property hereinabove described.
Said sale will be made subject to the following items which may affect the title to said property: All restrictive covenants, easements and rights-of-way appearing of record, if any; all zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; all outstanding and/or unpaid taxes which may be liens upon the property; all outstanding or unpaid bills and assessments for street improvements, curbing, garbage, water, sewage and public utilities which may be liens upon said property and any other matters of record superior to the Security Deed first set out above.
The property will be sold at public outcry to the highest and best bidder for cash in bar of all equity of redemption; and will be sold as property of ERIC L. Dodd, the Maker of the aforesaid Security Deed with Power of Sale to Capital Bank, and said sale proceeds shall be used first to the payment of said notes, principal and interest, attorney s fees and expenses, and the balance, if any, shall be paid in accordance with the way and manner provided by law, and shall vest title in the purchaser at said sale.
This 5th day of December, 2012.
CAPITAL BANK, AS ATTORNEY-IN-FACT FOR ERIC L. DODD BY VIRTUE OF A DEED TO SECURE DEBT WITH POWER OF SALE RECORDED IN DEED BOOK 1240, PAGES 821-826, WALKER COUNTY DEED RECORDS.
WM. DAVID CUNNINGHAM, P.C.
ATTORNEY AT LAW
105 EAST LAFAYETTE SQUARE
LAFAYETTE, GEORGIA 30728
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.