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September 20, 2014
Oct 12, 2011 | 0 0 comments | 14 14 recommendations | email to a friend | print
NOTICE OF SALE UNDER

POWER IN SECURITY DEED

Our File No. 11-582

State of Georgia

Rabun County

Under and by virtue of the power of sale contained in a Deed to Secure Debt given by Mark Barnett to James C. Bruner and Ann T. Bruner dated June 15, 2005, recorded in Deed Book I-28, page 661 in the original principal sum of Thirty Six Thousand and No/100 ($36,000.00), with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder, for cash, before the courthouse door of Rabun County, Georgia, within the legal hours of sale on the first Tuesday in November, 2011, the same being November 1, 2011, the following described property. All that tract or parcel of land lying and being in Land Lot 119 of the Third Land District of Rabun County, Georgia and being Lot Number 3 containing 0.31 acre, Honey Bear Mountain Estates as shown by a plat of survey dated October 7, 1992, by William F. Rolader, Georgia Registered Surveyor No. 2042, which is recorded in the office of the Clerk of the Superior Court of Rabun County, Georgia in Plat Book 32, page 175 and reference is had and made to said plat and survey and the record thereof for a full and complete description of said tract or parcel of land and said plat of survey and the record thereof is here, by reference made a part of the description herein. Excepted herefrom is any part of said tract or parcel of land which is within the R/W lines of public roads or subdivision roads or streets. The above described property is transferred and conveyed subject to those certain affirmative covenants and restrictions running with the land which are recorded in Deed Book D-8, pages 8-10, Clerk's office, Rabun Superior Court. Conveyed herewith is ingress and egress in and from the public road system. The debt secured by said deed to secure debt has been and is hereby declared due because of, among other possible events of default, the failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt 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 may be disclosed by a current accurate survey and inspection of the property, any easements, assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above. The entity that has full authority to negotiate, amend and modify all terms of the Deed to Secure Debt with the Debtor is: James C. Bruner and Ann T. Bruner at P.O. Box 6522, Macon, Georgia 31208. To the best knowledge and belief of the undersigned in possession of Mark Barnett, said property is located on Honey Bear Lane, Lot # 3, Honey Bear Mountain Estates, Dillard, GA 30537 and being Rabun County parcel no.058B-176A. The sale will be conducted subject to: (1.) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2.) final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt. This 30th day of September, 2011. BY: James C. Bruner and Ann T. Bruner. as Attorneys‑in‑Fact for Mark Barnett. under Power of Sale contained in Security Deed recorded in Deed Book I-28, page 661, Rabun County, Georgia Records. J. David Smith, Attorney for James C. Bruner and Ann T. BrunerJ. DAVID SMITH, LLC 17 Chechero Street, Clayton, GA 30525, (706) 782-4285. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

10-6,13,20,27

DELINQUENT PROPERTY TAX SALE

Under and by virtue of certain tax Fi. Fa.’s issued by the Tax Commissioner of Rabun County, Georgia, in favor of the State of Georgia and County of Rabun, against the following named persons and the property as described next to their respective name(s). There will be sold for cash or certified funds at public outcry, before the Courthouse door in Clayton, Rabun County, Georgia, between the legal hours of sale, on the first Tuesday in November, 2011, the same being November 1, 2011 and continuing on Wednesday, November 2, 2011, if necessary between the legal hours of sale, 10:00 AM and 4:00 PM. The below listed and described properties, or as much thereof as will satisfy the State and County tax execution on the respective individual and property. The property (ies) hereinafter described have been levied on as the property of the persons whose names immediately precede the property description. Each of the respective parcels of property are located in Rabun County, State of Georgia. The years for which said Fi. Fa.’s are issued and levied are stated opposite the name of the owner in each case. Each defendant and tenant in possession, if applicable, has been notified of levy time and place of sale. Purchaser shall pay for title, all transfer costs, all taxes, advertising costs and recording fees. Any mobile home(s) situated on the parcels are excluded from sale unless otherwise noted. Any mobile home included will be considered a fixture of the property. All redemption rights given to the land will apply to the mobile home.

Map & Parcel: 032044 Defendant in Fi-Fa: Dreher Paul E ,Trustee Current Record Holder: Paul Edward Dreher Standby Trustee of Paul A. Dreher Trust CRH Address: 142 Spirit Trail, Clayton, GA 3052 5 Amount Due: $1,988.92 Tax Years Due: 2010, 2009,Deed Book: X14/645,Legal Description: All that tract of land being in: Land Lots 13 & 14, 2nd District, being 5.83 acres, more or less. Or as further described in Deed Book X14, Page 645. Less & Except: those tract as described in Deed Book G17, Page 544; Deed Book N17, Page 396; Deed Book Y18, Page 333 & Deed Book B29, Page 477. Being known as Tax Map & Parcel 032044, Rabun County, Georgia.

Map & Parcel: 032C026 Defendant in Fi-Fa: Dreher Paul Edward, Current Record Holder: Dreher, Paul Edward, CRH Address: 142 Spirit Trail, Clayton, GA 30525 Amount Due: $583.38 Tax Years Due: 2010, 2009, Deed Book: M22/47, Legal Description: All that tract of land being in: Land Lot 14, 2nd District, being 4.17 acres, more or less. Or as further described in Deed Book M22, Page 47. Less & Except: those tracts described in Deed Book Y19, Page 676, Deed Book N23, Page 73, Deed Book V24, Page 361 & Deed Book S22, Page 146. Being known as Tax Map & Parcel 032C026, Rabun County, Georgia.

Map & Parcel: 033A019 Defendant in Fi-Fa: Carpenter Bertha, Current Record Holder: Carpenter, Bertha Estate & Heirs Known & Unknown of CRH Address: % Kenneth Carpenter, 587 Marcus Circle, Tiger, GA 30576, Amount Due: $1,578.09 Tax Years Due: 2010, 2009, 2008, Deed Book: Z3/57, Legal Description: All that tract of land being in: Land Lot 56, 5th District, being 1.57 acres, more or less. Or as further described in Deed Book Z3, Page 57. Being known as Tax Map & Parcel 033A019, Rabun County, Georgia.

Map & Parcel: 041D004 Defendant in Fi-Fa: Shirley Sharon J, Current Record Holder: Shirley, Sharon J.,CRH Address: PO Box 230, Clayton, GA 30525, Amount Due: $705.93 Tax Years Due: 2010, 2009 Deed Book: T16/600, Legal Description: All that tract of land being in: Land Lot 63, 2nd District, being 0.67 acres, more or less. Being Tract 4. As shown in Plat Book 39, Page 26. Or as further described in Deed Book T16, Page 600. Being known as Tax Map & Parcel 041D004, Rabun County, Georgia.

Map & Parcel: 041F007R Defendant in Fi-Fa: Woodall Stacey K, Current Record Holder: Woodall, Stacey K. CRH Address: 1200 Watkins Field Rd., Clayton, GA 30525 Amount Due: $2,793.94 Tax Years Due: 2010, 2009 Deed Book: K35/106, Legal Description: All that tract of land being in: Land Lot 36, 2nd District, being 0.90 acres, more or less. Being Lot 2, of the revised Apple Valley Subdivision. As shown in Plat Book 59, Page 118. Or as further described in Deed Book K35, Page 106. Being known as Tax Map & Parcel 041F007R, Rabun County, Georgia.

Map & Parcel: 042012D Defendant in Fi-Fa: Black Rock Investments Llc, Current Record Holder: SCBT, NA d/b/a CBT CRH Address: 950 John C. Calhoun Dr., SE

Orangeburg, SC 29115- Amount Due: $5,418.90 Tax Years Due: 2010 Deed Book: N37/18, Legal Description: All that tract of land being in: Land Lot 38, 2nd District, being 40.14 acres, more or less. As shown in Plat Book 58, Page 236. Or as further described in Deed Book N37, Page 18. Being known as Tax Map & Parcel 042012D, Rabun County, Georgia.

Map & Parcel: 043D013 Defendant in Fi-Fa: Talley Emerald Skye, Current Record Holder: Talley, Emerald Skye CRH Address: 202 Fred Henry Ln., Clayton, GA 30525 Amount Due: $12,162.96 Tax Years Due: 2010, 2009, 2008, 2007 Deed Book: 034/472

Legal Description: All that tract of land being in: Land Lot 19, 5th District, being 1.00 acre, more or less. As shown in Plat Book 28, Page 197. Or as further described in Deed Book 034, Page 472. Being known as Tax Map & Parcel 043D013, Rabun County, Georgia.

Map & Parcel: 044D022G Defendant in Fi-Fa: Hooper James Anthony, Current Record Holder: Hooper, James Anthony CRH Address: 36 Crazy Horse Lane, Tiger, GA 30576

Amount Due: $1,463.74 Tax Years Due: 2010, 2009, 2008 Deed Book: Z22/406, W22/235 Legal Description: All that tract of land being in: Land Lot 4, 5th District, being 1.55 acres, more or less. Being Tracts 2 & 3. As shown in Plat Book 48, Page 21. Or as further described in Deed Book Z22, Page 406 & Deed Book W22, Page 235. Being known as Tax Map & Parcel 044D022G, Rabun County, Georgia.

Map & Parcel: 045A022K Defendant in Fi-Fa: Parks Jody Daniel,Current Record Holder: Parks, Jody Daniel CRH Address: PO Box 64, Wiley, GA 30581 Amount Due: $692.64 Tax Years Due: 2010, 2009 Deed Book: N32/670, Legal Description: All that tract of land being in: Land Lot 26, 5th District, being 1.292 acres, more or less. Being Lot 5, of Mountain Laurel Park Subdivision. As shown in Plat Book 24, Page 42. Or as further described in Deed Book N32, Page 670. Being known as Tax Map & Parcel 045A022K, Rabun County, Georgia.

Map & Parcel: 049C018 Defendant in Fi-Fa: Winchester Joseph M, Current Record Holder: Winchester, Joseph M. CRH Address: PO Box 355, Rabun Gap, GA 30568

Amount Due: $6,021.24 Tax Years Due: 2010, 2009, Deed Book: X29/491; T29/109

Legal Description: All that tract of land being in: Land Lots 90 & 91, 2nd District, being 7.89 acres, more or less. As shown in Plat Book 13, Page 247. Or as further described in Deed Book X29, Page 491 & Deed Book T29, Page 109. Being known as Tax Map & Parcel 049C018, Rabun County, Georgia.

Map & Parcel: 049C019 Defendant in Fi-Fa: Sutton Thomas Alvin, Current Record Holder: Sutton, Thomas Alvin CRH Address: PO Box 197, Mountain City, GA 30562

Amount Due: $1,228.04 Tax Years Due: 2010, 2009 Deed Book: B30/247

Legal Description: All that tract of land being in: Land Lot 90, 2nd District, being 2.00 acres, more or less. Or as further described in Deed Book B30, Page 247. Being known as Tax Map & Parcel 049C019, Rabun County, Georgia.

Map & Parcel: 052A313G Defendant in Fi-Fa: Highway 76 Clayton LLC, Current Record Holder: Highway 76 Clayton, LLC CRH Address: % Richard J. Greaser 5020 Bayshore Blvd., Unit 102, Tampa, FL 33611 Amount Due: $3,199.40 Tax Years Due: 2010 Deed Book: F34/415 Legal Description: All that tract of land being in: Land Lots 1 & 25, 4th District, being 7.77 acres, more or less. As shown in Plat Book 42, Page 159. Or as further described in Deed Book F34, Page 415. Being known as Tax Map & Parcel 052A313G, Rabun County, Georgia.

Map & Parcel: 052A614 Defendant in Fi-Fa: Scarboro Geraldine, Current Record Holder: Scarboro, Geraldine CRH Address: 26184 Constantine Rd.,Punta Gorda, FL 33983 Amount Due: $1,651.42 Tax Years Due: 2010, 2009 Deed Book: Q31/622

Legal Description: All that tract of land being in: Land Lots 1, 24 & 25, 4th District, being 0.46 acres, more or less. Being Lot 114, of The Overlook at Kingwood Subdivision, Phase 3, Unit I. As shown in Plat Book 58, Pages 90-98. Or as further described in Deed Book Q31, Page 622. Being known as Tax Map & Parcel 052A614, Rabun County, Georgia.

Map & Parcel: 052B427 Defendant in Fi-Fa: Kuhn Gregory F, Current Record Holder: Kuhn, Gregory F. CRH Address: 10685 B. Hazelhurst Dr. #8100, Houston, TX 77043

Amount Due: $1,253.55 Tax Years Due: 2010, 2009 Deed Book: T29/65

Legal Description: All that tract of land being in: Land Lot 24, 4th District, being 0.45 acres, more or less. Being Lot 27, of Timbers at Kingwood Estate Subdivision. As shown in Plat Book 56, Pages 169-171. Or as further described in Deed Book T29, Page 65. Being known as Tax Map & Parcel 052B427, Rabun County, Georgia.

Map & Parcel: 053035A Defendant in Fi-Fa: Roach Thomas E & Roach Linda M,

Current Record Holder: Roach, Thomas E. & Roach, Linda M. CRH Address: 510 Mattie Mccall Ln., Clayton, GA 30525 Amount Due: $1,006.92 Tax Years Due: 2010, 2009 Deed Book: C18/264; I9/36 Legal Description: All that tract of land being in: Land Lot 23, 4th District, being 19.47 acres, more or less. As shown in Plat Book 50, Page 120. Or as further described in Deed Book C18, Page 264 & Deed Book I9, Page 36. Being known as Tax Map & Parcel 053035A, Rabun County, Georgia.

Map & Parcel: 058C121 Defendant in Fi-Fa: Mitchell E Harold Mitchell Vera M,

Current Record Holder: Mitchell, E. Harold Estate & Heirs Known & Unknown of & Mitchell, Vera M. CRH Address: PO Box 15, Buford, GA 30515-0015 Amount Due: $1,367.62 Tax Years Due: 2010, 2009 Deed Book: X6/47, Legal Description: All that tract of land being in the: City of Sky Valley, Land Lots 169 & 170, 2nd District. Being Lot 1, Part 1, of Ridgepole Subdivision. As shown in Plat Book 13, Page 230. Or as further described in Deed Book X6, Page 47. Being known as Tax Map & Parcel 058C121, Rabun County, Georgia.

Map & Parcel: 058C224 Defendant in Fi-Fa: Dagpau Inc, Current Record Holder: Dagnese, Paul CRH Address: 5550 Chelsen Wood Dr., Duluth, GA 30097 Amount Due: $1,748.10 Tax Years Due: 2010, 2009, 2008, 2007, 2006 Deed Book: M32/363

Legal Description: All that tract of land being in the: City of Sky Valley, Land Lot 168, 2nd District, being 1.42 acres, more or less. As shown in Plat Book 54, Page 9. Or as further described in Deed Book M32, Page 363. Being known as Tax Map & Parcel 058C224, Rabun County, Georgia.

Map & Parcel: 067012 Defendant in Fi-Fa: Waldrip Lamar Best Homes Current Record Holder: Waldrip, Lamar V., CRH Address: PO Box 761, Gainesville, GA 30503 Amount Due: $1,263.05 Tax Years Due: 2010, 2009 Deed Book: O8/367, Legal Description: All that tract of land being in: Land Lot 41, 4th District, being 5.17 acres, more or less. Or as further described in Deed Book O8, Page 367. Being known as Tax Map & Parcel 067012, Rabun County, Georgia.

Map & Parcel: 081007 Defendant in Fi-Fa: Wright Neal III, Current Record Holder: Wright, Neal III CRH Address: 495 Avalon Top Pt., Clayton, GA 30525 Amount Due: $3,032.74 Tax Years Due: 2010, 2009, 2008 Deed Book: O17/372, Legal Description: All that tract of land being in: Land Lot 112, 3rd District, being 2.59 acres, more or less. As shown in Plat Book 13, Page 130. Or as further described as a portion of that tract in Deed Book O17, Page 372. Less & Except: those tracts as described in Deed Book B17, Page 478; Deed Book D14, Page 324; Deed Book I17, Page 147; Deed Book I17, Page 1150; Deed Book M20, Page 294; Deed Book N13, Page 197; Deed Book N13, Page 250; Deed Book R16, Page 62; Deed Book D18, Page 43; Deed Book E33, Page 59; Deed Book H18, Page 590; Deed Book H22, Page 310; Deed Book L19, Page 30; Deed Book L19, Page 34; Deed Book N24, Page 468; Deed Book O19, Page 574; Deed Book Q17, Page 272; Deed Book T18, Page 565; Deed Book T23, Page 366; Deed Book U18, Page 348. Being Tax Map & Parcel 081007, Rabun County, Georgia.

Map & Parcel: 082036 Defendant in Fi-Fa: Reed Clinton, Current Record Holder: Reed, Clinton CRH Address: PO Box 1786, Clayton, GA 30525 Amount Due: $1,335.78

Tax Years Due: 2010, 2009, 2008 Deed Book: Y8/464, Legal Description: All that tract of land being in: Land Lot 82, 3rd District, being 1.00 acre, more or less. Or as further described in Deed Book Y8, Page 464. Less & Except: those tracts as described in Deed Book N13, Page 601; Deed Book N17, Page 438; Deed Book T17, Page 558; Deed Book U19, Page 334; Deed Book M20, Page 119; Deed Book M20, Page 136 & Deed Book F21, Page 576. Being Tax Map & Parcel 082036, Rabun County, Georgia.

Map & Parcel: 083001A Defendant in Fi-Fa: Wilson Steve F, Current Record Holder: Wilson, Steve F. CRH Address: 12242 Warwoman Rd., Clayton, GA 30525 Amount Due: $1,418.00 Tax Years Due: 2010, 2009, 2008 Deed Book: F27/26, Legal Description: All that tract of land being in: Land Lot 43, 3rd District, being 3.00 acres, more or less. As shown in Plat Book 48, Page 147. Or as further described in Deed Book F27, Page 26. Being known as Tax Map & Parcel 083001A, Rabun County, Georgia.

Map & Parcel: LB01014 Defendant in Fi-Fa: Bowden Dorma F Bowden Lee C Current Record Holder: Durant, Jacqueline, CRH Address: 1312 Ponce De Leon Ave. NE, Atlanta, GA 30306-4604 Amount Due: $1,671.85 Tax Years Due: 2010, 2009 Deed Book: K36/301, Legal Description: All that tract of land being in: Land Lot 104, 5th District, being 0.65 acres, more or less. Being Lot 4. As shown in Plat Book 25, Page 245. Or as further described in Deed Book K36, Page 301. Being known as Tax Map & Parcel LB01014, Rabun County, Georgia.

Map & Parcel: LB03008 Defendant in Fi-Fa: Starkey David L, Current Record Holder: Starkey, David L. Estate & Heirs Known & Unknown of CRH Address: 1014 Lofty Pine Drive, Columbia, SC 29212 Amount Due: $905.88 Tax Years Due: 2010, 2009 Deed Book: C4/169, Legal Description: All that tract of land being in: Land Lot 26, 13th District. Or as further described in Deed Book C4, Page 169. Being known as Tax Map & Parcel LB03008, Rabun County, Georgia.

Map & Parcel: LB14006 Defendant in Fi-Fa: Kennedy Charles Barnett, Current Record Holder: Southern, Tara L. & Kennedy, Charles Barnett CRH Address: 4740 Murray Cove Rd. Tiger, GA 30576 Amount Due: $7,443.04 Tax Years Due: 2010 Deed Book: V31/660 Legal Description: All that tract of land being in: Land Lots 94 & 95, 5th District, being 3.00 acres, more or less. Being Lot 5. As shown in Plat Book 40, Page 80. Or as further described in Deed Book V31, Page 660. Being known as Tax Map & Parcel LB14006, Rabun County, Georgia.

Map & Parcel: LB14115L Defendant in Fi-Fa: Armstrong William J, Current Record Holder: Armstrong, William J. CRH Address: 20 Aston Woods Drive, Marietta, GA 30068 Amount Due: $3,553.09 Tax Years Due: 2010 Deed Book: O17/621, Legal Description: All that tract of land being in: Land Lot 95, 5th District, being 2.47 acres, more or less. Being Lot 383, Area 17, of Lake Burton Recreational Development. As shown in Plat Book 39, Page 230. Or as further described in Deed Book O17, Page 621. Being known as Tax Map & Parcel LB14115L, Rabun County, Georgia.

Map & Parcel: LB14A001 Defendant in Fi-Fa: Richie Elaine M, Current Record Holder: Richie, Elaine M. & Richie, Dan M. CRH Address: 2646 Cardinal Lake Circle, Duluth, GA 30136 Amount Due: $2,087.34 Tax Years Due: 2010, 2009 Deed Book: O10/70 Legal Description: All that tract of land being in: Land Lot 95, 5th District, being 3.53 acres, more or less. Being Tract A. As shown in Plat Book 23, Page 211. Or as further described in Deed Book O10, Page 70. Being known as Tax Map & Parcel LB14A001, Rabun County, Georgia.

Map & Parcel: LN04071C Defendant in Fi-Fa: BH Group Inc &, Current Record Holder: Amy, Inc. CRH Address: 140 Brookfield Hollow, Roswell, GA 30075 Amount Due: $6,680.28 Tax Years Due: 2010 Deed Book: G33/218; Z35/307, Legal Description: All that tract of land being in: Land Lot 102, 13th District, being 1.22 acres, more or less. As shown in Plat Book 55, Page 99. Or as further described in Deed Book G33, Page 218 & Deed Book Z35, Page 307. Being known as Tax Map & Parcel LN04071C, Rabun County, Georgia.

Map & Parcel: LR05084 Defendant in Fi-Fa: Burch Carol A, Current Record Holder: Burch, Carol A. CRH Address: PO Box 85, Lakemont, GA 30552 Amount Due: $1,250.65 Tax Years Due: 2010, 2009 Deed Book: Z15/520, Legal Description: All that tract of land being in: Land Lot 187, 13th District, being 1.54 acres, more or less. Being Lot 1A. As shown in Plat Book 48, page 264. Or as further described in Deed Book Z15, Page 520. Less & except: 1.46 acres as conveyed in Deed Book G26, Page 415. Being known as Tax Map & Parcel LR05084, Rabun County, Georgia. Sandy J. Smith, Rabun County Tax Commissioner, Ex-Officio Sheriff * Deed Book: Refers to Deed Records located in the Rabun County Courthouse, Clerk of Superior Court’s Office where property is more fully described. 4C-2-26.

10-6,13,20,27

GEORGIA

RABUN COUNTY

NOTICE OF SALE UNDER POWER OF SECURITY DEED

By virtue of a Power of Sale contained in a security deed from DAVID A. ELGIN AND MARY LEE ELGIN to MOUNTAIN HERITAGE BANK dated February 2, 2007 and recorded in Deed Book M-31, Pages 671-674 of the Rabun County deed records given to secure a promissory note in the amount of FIFTY-ONE THOUSAND SIX HUNDRED SIX AND 50/100 ($51,606.50) Dollars, there will be sold at public outcry to the highest and best bidder for cash before the Courthouse door of Rabun County, Georgia, within the legal hours of sale on the first Tuesday in November, to-wit: November 1, 2011, the following described property: All that tract or parcel of land lying and being in a part of Land Lot 162 of the 2nd Land District, Rabun County, Georgia and being situated in the City of Dillard and being three(3) contiguous tracts constituting one boundary and denoted on plat of survey by T. Lamar Edwards, GRLS No. 1837 dated November 7, 1978 as Tract A, Tract B and Tract C having total acreage of 0.302 acres with dwelling house situated thereon as shown on said plat. Said plat being recorded in Plat Book 15, page 60 of the Rabun County plat records and the same is herein incorporated for a more full and complete description of the property lands and improvements described herein, including an easement for ingress and egress over the drive extending from said lands to Old Betty’s Creek Road as shown on said plat. Tract A and Tract B and easement rights of ingress and egress being the same lands and easement from Earl Vinson and Tom Vinson to Albert W. Smith and Gertrude H. Smith, dated August 22, 1975 and recorded in Deed Book W-5, page 1045 and Tract C being additional tract conveyed to Albert W. Smith and Gertrude H. Smith by deed from Edward H. Dillard dated November 9, 1978. Said lands had a dwelling house situated thereon known as the former residence of Eula B. Darnell where she resided from year 1947 until 1957 in the City of Dillard. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees, notice having been given as provided by law. The said property will be sold as the property of David A. Elgin and Mary Lee Elgin subject to the following: 1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) any outstanding ad valorem taxes and assessments; (5) any unpaid water or sewage bills, that constitute liens against the property; (6) matters of record superior to the security deed first set out above; and (7) The Helping Families Save Their Homes Act of 2009 (Public Law 111-22). To the best knowledge and belief of the undersigned David A. Elgin and Mary Lee Elgin is in possession of said property. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed. A copy of this notice was mailed to the debtor to-wit: David A. Elgin by certified mail, return receipt requested on September 28, 2011 in compliance with O.C.G.A. § 44-14-162.2. First American Bank & Trust as successor in interest to Mountain Heritage Bank As Attorney in Fact for DAVID A. ELGIN AND MARY LEE ELGIN. Bruce Russell, Jr., Esq. RUSSELL & RUSSELL, PC., P.O. BOX 1202, CLAYTON, GA 30525, (706) 782-6240. This is an action to collect a debt and any information obtained pursuant thereto will be used for that purpose.

10-6,13,20,27

STATE OF GEORGIA

COUNTY OF RABUN

NOTIE TO CREDITOR AND DEBTORS

All persons indebted to Mary Ethel NeSmith, deceased, are hereby notified to make immediate payment to the undersigned, and all creditors of said decedent are hereby notified to render their claims to the undersigned. This the 5th day of October, 2011. Witness my/our hand(s) and seal(s), on the day above written. (Dennis Wayne NeSmith and William Keith NeSmith acting as co-executors of the Mary Ethel NeSmith estate), Address: c/o Michael H. Cummings, II, Attorney, PO Box 1568, Clayton, GA 30525, Telephone: 706-782-9297.

10-13,20,27,11-3

Oct 12, 2011 | 5213 views | 0 0 comments | 14 14 recommendations | email to a friend | print
NOTICE OF SALE UNDER

POWER IN SECURITY DEED

Our File No. 11-582

State of Georgia

Rabun County

Under and by virtue of the power of sale contained in a Deed to Secure Debt given by Mark Barnett to James C. Bruner and Ann T. Bruner dated June 15, 2005, recorded in Deed Book I-28, page 661 in the original principal sum of Thirty Six Thousand and No/100 ($36,000.00), with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder, for cash, before the courthouse door of Rabun County, Georgia, within the legal hours of sale on the first Tuesday in November, 2011, the same being November 1, 2011, the following described property. All that tract or parcel of land lying and being in Land Lot 119 of the Third Land District of Rabun County, Georgia and being Lot Number 3 containing 0.31 acre, Honey Bear Mountain Estates as shown by a plat of survey dated October 7, 1992, by William F. Rolader, Georgia Registered Surveyor No. 2042, which is recorded in the office of the Clerk of the Superior Court of Rabun County, Georgia in Plat Book 32, page 175 and reference is had and made to said plat and survey and the record thereof for a full and complete description of said tract or parcel of land and said plat of survey and the record thereof is here, by reference made a part of the description herein. Excepted herefrom is any part of said tract or parcel of land which is within the R/W lines of public roads or subdivision roads or streets. The above described property is transferred and conveyed subject to those certain affirmative covenants and restrictions running with the land which are recorded in Deed Book D-8, pages 8-10, Clerk's office, Rabun Superior Court. Conveyed herewith is ingress and egress in and from the public road system. The debt secured by said deed to secure debt has been and is hereby declared due because of, among other possible events of default, the failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt 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 may be disclosed by a current accurate survey and inspection of the property, any easements, assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above. The entity that has full authority to negotiate, amend and modify all terms of the Deed to Secure Debt with the Debtor is: James C. Bruner and Ann T. Bruner at P.O. Box 6522, Macon, Georgia 31208. To the best knowledge and belief of the undersigned in possession of Mark Barnett, said property is located on Honey Bear Lane, Lot # 3, Honey Bear Mountain Estates, Dillard, GA 30537 and being Rabun County parcel no.058B-176A. The sale will be conducted subject to: (1.) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2.) final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt. This 30th day of September, 2011. BY: James C. Bruner and Ann T. Bruner. as Attorneys‑in‑Fact for Mark Barnett. under Power of Sale contained in Security Deed recorded in Deed Book I-28, page 661, Rabun County, Georgia Records. J. David Smith, Attorney for James C. Bruner and Ann T. BrunerJ. DAVID SMITH, LLC 17 Chechero Street, Clayton, GA 30525, (706) 782-4285. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

10-6,13,20,27

DELINQUENT PROPERTY TAX SALE

Under and by virtue of certain tax Fi. Fa.’s issued by the Tax Commissioner of Rabun County, Georgia, in favor of the State of Georgia and County of Rabun, against the following named persons and the property as described next to their respective name(s). There will be sold for cash or certified funds at public outcry, before the Courthouse door in Clayton, Rabun County, Georgia, between the legal hours of sale, on the first Tuesday in November, 2011, the same being November 1, 2011 and continuing on Wednesday, November 2, 2011, if necessary between the legal hours of sale, 10:00 AM and 4:00 PM. The below listed and described properties, or as much thereof as will satisfy the State and County tax execution on the respective individual and property. The property (ies) hereinafter described have been levied on as the property of the persons whose names immediately precede the property description. Each of the respective parcels of property are located in Rabun County, State of Georgia. The years for which said Fi. Fa.’s are issued and levied are stated opposite the name of the owner in each case. Each defendant and tenant in possession, if applicable, has been notified of levy time and place of sale. Purchaser shall pay for title, all transfer costs, all taxes, advertising costs and recording fees. Any mobile home(s) situated on the parcels are excluded from sale unless otherwise noted. Any mobile home included will be considered a fixture of the property. All redemption rights given to the land will apply to the mobile home.

Map & Parcel: 032044 Defendant in Fi-Fa: Dreher Paul E ,Trustee Current Record Holder: Paul Edward Dreher Standby Trustee of Paul A. Dreher Trust CRH Address: 142 Spirit Trail, Clayton, GA 3052 5 Amount Due: $1,988.92 Tax Years Due: 2010, 2009,Deed Book: X14/645,Legal Description: All that tract of land being in: Land Lots 13 & 14, 2nd District, being 5.83 acres, more or less. Or as further described in Deed Book X14, Page 645. Less & Except: those tract as described in Deed Book G17, Page 544; Deed Book N17, Page 396; Deed Book Y18, Page 333 & Deed Book B29, Page 477. Being known as Tax Map & Parcel 032044, Rabun County, Georgia.

Map & Parcel: 032C026 Defendant in Fi-Fa: Dreher Paul Edward, Current Record Holder: Dreher, Paul Edward, CRH Address: 142 Spirit Trail, Clayton, GA 30525 Amount Due: $583.38 Tax Years Due: 2010, 2009, Deed Book: M22/47, Legal Description: All that tract of land being in: Land Lot 14, 2nd District, being 4.17 acres, more or less. Or as further described in Deed Book M22, Page 47. Less & Except: those tracts described in Deed Book Y19, Page 676, Deed Book N23, Page 73, Deed Book V24, Page 361 & Deed Book S22, Page 146. Being known as Tax Map & Parcel 032C026, Rabun County, Georgia.

Map & Parcel: 033A019 Defendant in Fi-Fa: Carpenter Bertha, Current Record Holder: Carpenter, Bertha Estate & Heirs Known & Unknown of CRH Address: % Kenneth Carpenter, 587 Marcus Circle, Tiger, GA 30576, Amount Due: $1,578.09 Tax Years Due: 2010, 2009, 2008, Deed Book: Z3/57, Legal Description: All that tract of land being in: Land Lot 56, 5th District, being 1.57 acres, more or less. Or as further described in Deed Book Z3, Page 57. Being known as Tax Map & Parcel 033A019, Rabun County, Georgia.

Map & Parcel: 041D004 Defendant in Fi-Fa: Shirley Sharon J, Current Record Holder: Shirley, Sharon J.,CRH Address: PO Box 230, Clayton, GA 30525, Amount Due: $705.93 Tax Years Due: 2010, 2009 Deed Book: T16/600, Legal Description: All that tract of land being in: Land Lot 63, 2nd District, being 0.67 acres, more or less. Being Tract 4. As shown in Plat Book 39, Page 26. Or as further described in Deed Book T16, Page 600. Being known as Tax Map & Parcel 041D004, Rabun County, Georgia.

Map & Parcel: 041F007R Defendant in Fi-Fa: Woodall Stacey K, Current Record Holder: Woodall, Stacey K. CRH Address: 1200 Watkins Field Rd., Clayton, GA 30525 Amount Due: $2,793.94 Tax Years Due: 2010, 2009 Deed Book: K35/106, Legal Description: All that tract of land being in: Land Lot 36, 2nd District, being 0.90 acres, more or less. Being Lot 2, of the revised Apple Valley Subdivision. As shown in Plat Book 59, Page 118. Or as further described in Deed Book K35, Page 106. Being known as Tax Map & Parcel 041F007R, Rabun County, Georgia.

Map & Parcel: 042012D Defendant in Fi-Fa: Black Rock Investments Llc, Current Record Holder: SCBT, NA d/b/a CBT CRH Address: 950 John C. Calhoun Dr., SE

Orangeburg, SC 29115- Amount Due: $5,418.90 Tax Years Due: 2010 Deed Book: N37/18, Legal Description: All that tract of land being in: Land Lot 38, 2nd District, being 40.14 acres, more or less. As shown in Plat Book 58, Page 236. Or as further described in Deed Book N37, Page 18. Being known as Tax Map & Parcel 042012D, Rabun County, Georgia.

Map & Parcel: 043D013 Defendant in Fi-Fa: Talley Emerald Skye, Current Record Holder: Talley, Emerald Skye CRH Address: 202 Fred Henry Ln., Clayton, GA 30525 Amount Due: $12,162.96 Tax Years Due: 2010, 2009, 2008, 2007 Deed Book: 034/472

Legal Description: All that tract of land being in: Land Lot 19, 5th District, being 1.00 acre, more or less. As shown in Plat Book 28, Page 197. Or as further described in Deed Book 034, Page 472. Being known as Tax Map & Parcel 043D013, Rabun County, Georgia.

Map & Parcel: 044D022G Defendant in Fi-Fa: Hooper James Anthony, Current Record Holder: Hooper, James Anthony CRH Address: 36 Crazy Horse Lane, Tiger, GA 30576

Amount Due: $1,463.74 Tax Years Due: 2010, 2009, 2008 Deed Book: Z22/406, W22/235 Legal Description: All that tract of land being in: Land Lot 4, 5th District, being 1.55 acres, more or less. Being Tracts 2 & 3. As shown in Plat Book 48, Page 21. Or as further described in Deed Book Z22, Page 406 & Deed Book W22, Page 235. Being known as Tax Map & Parcel 044D022G, Rabun County, Georgia.

Map & Parcel: 045A022K Defendant in Fi-Fa: Parks Jody Daniel,Current Record Holder: Parks, Jody Daniel CRH Address: PO Box 64, Wiley, GA 30581 Amount Due: $692.64 Tax Years Due: 2010, 2009 Deed Book: N32/670, Legal Description: All that tract of land being in: Land Lot 26, 5th District, being 1.292 acres, more or less. Being Lot 5, of Mountain Laurel Park Subdivision. As shown in Plat Book 24, Page 42. Or as further described in Deed Book N32, Page 670. Being known as Tax Map & Parcel 045A022K, Rabun County, Georgia.

Map & Parcel: 049C018 Defendant in Fi-Fa: Winchester Joseph M, Current Record Holder: Winchester, Joseph M. CRH Address: PO Box 355, Rabun Gap, GA 30568

Amount Due: $6,021.24 Tax Years Due: 2010, 2009, Deed Book: X29/491; T29/109

Legal Description: All that tract of land being in: Land Lots 90 & 91, 2nd District, being 7.89 acres, more or less. As shown in Plat Book 13, Page 247. Or as further described in Deed Book X29, Page 491 & Deed Book T29, Page 109. Being known as Tax Map & Parcel 049C018, Rabun County, Georgia.

Map & Parcel: 049C019 Defendant in Fi-Fa: Sutton Thomas Alvin, Current Record Holder: Sutton, Thomas Alvin CRH Address: PO Box 197, Mountain City, GA 30562

Amount Due: $1,228.04 Tax Years Due: 2010, 2009 Deed Book: B30/247

Legal Description: All that tract of land being in: Land Lot 90, 2nd District, being 2.00 acres, more or less. Or as further described in Deed Book B30, Page 247. Being known as Tax Map & Parcel 049C019, Rabun County, Georgia.

Map & Parcel: 052A313G Defendant in Fi-Fa: Highway 76 Clayton LLC, Current Record Holder: Highway 76 Clayton, LLC CRH Address: % Richard J. Greaser 5020 Bayshore Blvd., Unit 102, Tampa, FL 33611 Amount Due: $3,199.40 Tax Years Due: 2010 Deed Book: F34/415 Legal Description: All that tract of land being in: Land Lots 1 & 25, 4th District, being 7.77 acres, more or less. As shown in Plat Book 42, Page 159. Or as further described in Deed Book F34, Page 415. Being known as Tax Map & Parcel 052A313G, Rabun County, Georgia.

Map & Parcel: 052A614 Defendant in Fi-Fa: Scarboro Geraldine, Current Record Holder: Scarboro, Geraldine CRH Address: 26184 Constantine Rd.,Punta Gorda, FL 33983 Amount Due: $1,651.42 Tax Years Due: 2010, 2009 Deed Book: Q31/622

Legal Description: All that tract of land being in: Land Lots 1, 24 & 25, 4th District, being 0.46 acres, more or less. Being Lot 114, of The Overlook at Kingwood Subdivision, Phase 3, Unit I. As shown in Plat Book 58, Pages 90-98. Or as further described in Deed Book Q31, Page 622. Being known as Tax Map & Parcel 052A614, Rabun County, Georgia.

Map & Parcel: 052B427 Defendant in Fi-Fa: Kuhn Gregory F, Current Record Holder: Kuhn, Gregory F. CRH Address: 10685 B. Hazelhurst Dr. #8100, Houston, TX 77043

Amount Due: $1,253.55 Tax Years Due: 2010, 2009 Deed Book: T29/65

Legal Description: All that tract of land being in: Land Lot 24, 4th District, being 0.45 acres, more or less. Being Lot 27, of Timbers at Kingwood Estate Subdivision. As shown in Plat Book 56, Pages 169-171. Or as further described in Deed Book T29, Page 65. Being known as Tax Map & Parcel 052B427, Rabun County, Georgia.

Map & Parcel: 053035A Defendant in Fi-Fa: Roach Thomas E & Roach Linda M,

Current Record Holder: Roach, Thomas E. & Roach, Linda M. CRH Address: 510 Mattie Mccall Ln., Clayton, GA 30525 Amount Due: $1,006.92 Tax Years Due: 2010, 2009 Deed Book: C18/264; I9/36 Legal Description: All that tract of land being in: Land Lot 23, 4th District, being 19.47 acres, more or less. As shown in Plat Book 50, Page 120. Or as further described in Deed Book C18, Page 264 & Deed Book I9, Page 36. Being known as Tax Map & Parcel 053035A, Rabun County, Georgia.

Map & Parcel: 058C121 Defendant in Fi-Fa: Mitchell E Harold Mitchell Vera M,

Current Record Holder: Mitchell, E. Harold Estate & Heirs Known & Unknown of & Mitchell, Vera M. CRH Address: PO Box 15, Buford, GA 30515-0015 Amount Due: $1,367.62 Tax Years Due: 2010, 2009 Deed Book: X6/47, Legal Description: All that tract of land being in the: City of Sky Valley, Land Lots 169 & 170, 2nd District. Being Lot 1, Part 1, of Ridgepole Subdivision. As shown in Plat Book 13, Page 230. Or as further described in Deed Book X6, Page 47. Being known as Tax Map & Parcel 058C121, Rabun County, Georgia.

Map & Parcel: 058C224 Defendant in Fi-Fa: Dagpau Inc, Current Record Holder: Dagnese, Paul CRH Address: 5550 Chelsen Wood Dr., Duluth, GA 30097 Amount Due: $1,748.10 Tax Years Due: 2010, 2009, 2008, 2007, 2006 Deed Book: M32/363

Legal Description: All that tract of land being in the: City of Sky Valley, Land Lot 168, 2nd District, being 1.42 acres, more or less. As shown in Plat Book 54, Page 9. Or as further described in Deed Book M32, Page 363. Being known as Tax Map & Parcel 058C224, Rabun County, Georgia.

Map & Parcel: 067012 Defendant in Fi-Fa: Waldrip Lamar Best Homes Current Record Holder: Waldrip, Lamar V., CRH Address: PO Box 761, Gainesville, GA 30503 Amount Due: $1,263.05 Tax Years Due: 2010, 2009 Deed Book: O8/367, Legal Description: All that tract of land being in: Land Lot 41, 4th District, being 5.17 acres, more or less. Or as further described in Deed Book O8, Page 367. Being known as Tax Map & Parcel 067012, Rabun County, Georgia.

Map & Parcel: 081007 Defendant in Fi-Fa: Wright Neal III, Current Record Holder: Wright, Neal III CRH Address: 495 Avalon Top Pt., Clayton, GA 30525 Amount Due: $3,032.74 Tax Years Due: 2010, 2009, 2008 Deed Book: O17/372, Legal Description: All that tract of land being in: Land Lot 112, 3rd District, being 2.59 acres, more or less. As shown in Plat Book 13, Page 130. Or as further described as a portion of that tract in Deed Book O17, Page 372. Less & Except: those tracts as described in Deed Book B17, Page 478; Deed Book D14, Page 324; Deed Book I17, Page 147; Deed Book I17, Page 1150; Deed Book M20, Page 294; Deed Book N13, Page 197; Deed Book N13, Page 250; Deed Book R16, Page 62; Deed Book D18, Page 43; Deed Book E33, Page 59; Deed Book H18, Page 590; Deed Book H22, Page 310; Deed Book L19, Page 30; Deed Book L19, Page 34; Deed Book N24, Page 468; Deed Book O19, Page 574; Deed Book Q17, Page 272; Deed Book T18, Page 565; Deed Book T23, Page 366; Deed Book U18, Page 348. Being Tax Map & Parcel 081007, Rabun County, Georgia.

Map & Parcel: 082036 Defendant in Fi-Fa: Reed Clinton, Current Record Holder: Reed, Clinton CRH Address: PO Box 1786, Clayton, GA 30525 Amount Due: $1,335.78

Tax Years Due: 2010, 2009, 2008 Deed Book: Y8/464, Legal Description: All that tract of land being in: Land Lot 82, 3rd District, being 1.00 acre, more or less. Or as further described in Deed Book Y8, Page 464. Less & Except: those tracts as described in Deed Book N13, Page 601; Deed Book N17, Page 438; Deed Book T17, Page 558; Deed Book U19, Page 334; Deed Book M20, Page 119; Deed Book M20, Page 136 & Deed Book F21, Page 576. Being Tax Map & Parcel 082036, Rabun County, Georgia.

Map & Parcel: 083001A Defendant in Fi-Fa: Wilson Steve F, Current Record Holder: Wilson, Steve F. CRH Address: 12242 Warwoman Rd., Clayton, GA 30525 Amount Due: $1,418.00 Tax Years Due: 2010, 2009, 2008 Deed Book: F27/26, Legal Description: All that tract of land being in: Land Lot 43, 3rd District, being 3.00 acres, more or less. As shown in Plat Book 48, Page 147. Or as further described in Deed Book F27, Page 26. Being known as Tax Map & Parcel 083001A, Rabun County, Georgia.

Map & Parcel: LB01014 Defendant in Fi-Fa: Bowden Dorma F Bowden Lee C Current Record Holder: Durant, Jacqueline, CRH Address: 1312 Ponce De Leon Ave. NE, Atlanta, GA 30306-4604 Amount Due: $1,671.85 Tax Years Due: 2010, 2009 Deed Book: K36/301, Legal Description: All that tract of land being in: Land Lot 104, 5th District, being 0.65 acres, more or less. Being Lot 4. As shown in Plat Book 25, Page 245. Or as further described in Deed Book K36, Page 301. Being known as Tax Map & Parcel LB01014, Rabun County, Georgia.

Map & Parcel: LB03008 Defendant in Fi-Fa: Starkey David L, Current Record Holder: Starkey, David L. Estate & Heirs Known & Unknown of CRH Address: 1014 Lofty Pine Drive, Columbia, SC 29212 Amount Due: $905.88 Tax Years Due: 2010, 2009 Deed Book: C4/169, Legal Description: All that tract of land being in: Land Lot 26, 13th District. Or as further described in Deed Book C4, Page 169. Being known as Tax Map & Parcel LB03008, Rabun County, Georgia.

Map & Parcel: LB14006 Defendant in Fi-Fa: Kennedy Charles Barnett, Current Record Holder: Southern, Tara L. & Kennedy, Charles Barnett CRH Address: 4740 Murray Cove Rd. Tiger, GA 30576 Amount Due: $7,443.04 Tax Years Due: 2010 Deed Book: V31/660 Legal Description: All that tract of land being in: Land Lots 94 & 95, 5th District, being 3.00 acres, more or less. Being Lot 5. As shown in Plat Book 40, Page 80. Or as further described in Deed Book V31, Page 660. Being known as Tax Map & Parcel LB14006, Rabun County, Georgia.

Map & Parcel: LB14115L Defendant in Fi-Fa: Armstrong William J, Current Record Holder: Armstrong, William J. CRH Address: 20 Aston Woods Drive, Marietta, GA 30068 Amount Due: $3,553.09 Tax Years Due: 2010 Deed Book: O17/621, Legal Description: All that tract of land being in: Land Lot 95, 5th District, being 2.47 acres, more or less. Being Lot 383, Area 17, of Lake Burton Recreational Development. As shown in Plat Book 39, Page 230. Or as further described in Deed Book O17, Page 621. Being known as Tax Map & Parcel LB14115L, Rabun County, Georgia.

Map & Parcel: LB14A001 Defendant in Fi-Fa: Richie Elaine M, Current Record Holder: Richie, Elaine M. & Richie, Dan M. CRH Address: 2646 Cardinal Lake Circle, Duluth, GA 30136 Amount Due: $2,087.34 Tax Years Due: 2010, 2009 Deed Book: O10/70 Legal Description: All that tract of land being in: Land Lot 95, 5th District, being 3.53 acres, more or less. Being Tract A. As shown in Plat Book 23, Page 211. Or as further described in Deed Book O10, Page 70. Being known as Tax Map & Parcel LB14A001, Rabun County, Georgia.

Map & Parcel: LN04071C Defendant in Fi-Fa: BH Group Inc &, Current Record Holder: Amy, Inc. CRH Address: 140 Brookfield Hollow, Roswell, GA 30075 Amount Due: $6,680.28 Tax Years Due: 2010 Deed Book: G33/218; Z35/307, Legal Description: All that tract of land being in: Land Lot 102, 13th District, being 1.22 acres, more or less. As shown in Plat Book 55, Page 99. Or as further described in Deed Book G33, Page 218 & Deed Book Z35, Page 307. Being known as Tax Map & Parcel LN04071C, Rabun County, Georgia.

Map & Parcel: LR05084 Defendant in Fi-Fa: Burch Carol A, Current Record Holder: Burch, Carol A. CRH Address: PO Box 85, Lakemont, GA 30552 Amount Due: $1,250.65 Tax Years Due: 2010, 2009 Deed Book: Z15/520, Legal Description: All that tract of land being in: Land Lot 187, 13th District, being 1.54 acres, more or less. Being Lot 1A. As shown in Plat Book 48, page 264. Or as further described in Deed Book Z15, Page 520. Less & except: 1.46 acres as conveyed in Deed Book G26, Page 415. Being known as Tax Map & Parcel LR05084, Rabun County, Georgia. Sandy J. Smith, Rabun County Tax Commissioner, Ex-Officio Sheriff * Deed Book: Refers to Deed Records located in the Rabun County Courthouse, Clerk of Superior Court’s Office where property is more fully described. 4C-2-26.

10-6,13,20,27

GEORGIA

RABUN COUNTY

NOTICE OF SALE UNDER POWER OF SECURITY DEED

By virtue of a Power of Sale contained in a security deed from DAVID A. ELGIN AND MARY LEE ELGIN to MOUNTAIN HERITAGE BANK dated February 2, 2007 and recorded in Deed Book M-31, Pages 671-674 of the Rabun County deed records given to secure a promissory note in the amount of FIFTY-ONE THOUSAND SIX HUNDRED SIX AND 50/100 ($51,606.50) Dollars, there will be sold at public outcry to the highest and best bidder for cash before the Courthouse door of Rabun County, Georgia, within the legal hours of sale on the first Tuesday in November, to-wit: November 1, 2011, the following described property: All that tract or parcel of land lying and being in a part of Land Lot 162 of the 2nd Land District, Rabun County, Georgia and being situated in the City of Dillard and being three(3) contiguous tracts constituting one boundary and denoted on plat of survey by T. Lamar Edwards, GRLS No. 1837 dated November 7, 1978 as Tract A, Tract B and Tract C having total acreage of 0.302 acres with dwelling house situated thereon as shown on said plat. Said plat being recorded in Plat Book 15, page 60 of the Rabun County plat records and the same is herein incorporated for a more full and complete description of the property lands and improvements described herein, including an easement for ingress and egress over the drive extending from said lands to Old Betty’s Creek Road as shown on said plat. Tract A and Tract B and easement rights of ingress and egress being the same lands and easement from Earl Vinson and Tom Vinson to Albert W. Smith and Gertrude H. Smith, dated August 22, 1975 and recorded in Deed Book W-5, page 1045 and Tract C being additional tract conveyed to Albert W. Smith and Gertrude H. Smith by deed from Edward H. Dillard dated November 9, 1978. Said lands had a dwelling house situated thereon known as the former residence of Eula B. Darnell where she resided from year 1947 until 1957 in the City of Dillard. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees, notice having been given as provided by law. The said property will be sold as the property of David A. Elgin and Mary Lee Elgin subject to the following: 1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) any outstanding ad valorem taxes and assessments; (5) any unpaid water or sewage bills, that constitute liens against the property; (6) matters of record superior to the security deed first set out above; and (7) The Helping Families Save Their Homes Act of 2009 (Public Law 111-22). To the best knowledge and belief of the undersigned David A. Elgin and Mary Lee Elgin is in possession of said property. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed. A copy of this notice was mailed to the debtor to-wit: David A. Elgin by certified mail, return receipt requested on September 28, 2011 in compliance with O.C.G.A. § 44-14-162.2. First American Bank & Trust as successor in interest to Mountain Heritage Bank As Attorney in Fact for DAVID A. ELGIN AND MARY LEE ELGIN. Bruce Russell, Jr., Esq. RUSSELL & RUSSELL, PC., P.O. BOX 1202, CLAYTON, GA 30525, (706) 782-6240. This is an action to collect a debt and any information obtained pursuant thereto will be used for that purpose.

10-6,13,20,27

STATE OF GEORGIA

COUNTY OF RABUN

NOTIE TO CREDITOR AND DEBTORS

All persons indebted to Mary Ethel NeSmith, deceased, are hereby notified to make immediate payment to the undersigned, and all creditors of said decedent are hereby notified to render their claims to the undersigned. This the 5th day of October, 2011. Witness my/our hand(s) and seal(s), on the day above written. (Dennis Wayne NeSmith and William Keith NeSmith acting as co-executors of the Mary Ethel NeSmith estate), Address: c/o Michael H. Cummings, II, Attorney, PO Box 1568, Clayton, GA 30525, Telephone: 706-782-9297.

10-13,20,27,11-3

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