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July 31, 2014

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF STEPHENS

Where:

30577

Description:

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF STEPHENS Under and by virtue of the power of sale contained in that certain Deed to Secure Debt executed by Stephanie Gordon and Robert C. Gordon in favor of Community Bank and Trust dated September 24, 2008, recorded at Deed Book 873, Pages 175-179 of the Stephens County Deed Records, and assigned pursuant to that Transfer and Assignment of Deed to Secure Debt from FDIC, in its capacity as Receiver for Community Bank & Trust, to South State Bank f/k/a SCBT d/b/a CBT, a Division of SCBT, dated July 3, 2014, as well as under and by virtue of that power of sale contained in that certain Deed to Secure Debt with Power of Sale executed by Stephanie Gordon and Robert C. Gordon in favor of Community Bank and Trust dated November 6, 2007, recorded at Deed Book 834, pages 277-278, aforesaid records, as modified by Additional Loan Agreement dated September 24, 2008, recorded at Deed Book 873, Pates 180-181, aforesaid records, and assigned pursuant to that Transfer and Assignment of Deed to Secure Debt from FDIC, in its capacity as Receiver for Community Bank & Trust, to South State Bank f/k/a SCBT d/b/a CBT, a Division of SCBT, dated July 3, 2014, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Stephens County, Georgia, during the legal hours of sale, on the first Tuesday in August, that being August 5, 2014, the following described property: All that tract or parcel of land lying and being in the County of Stephens, State of Georgia and in the City of Toccoa, the same being a tract of land beginning at a corner on State Highway No. 13 and running thence along the right of way of State Highway No. 13 Two Hundred Fifty Feet, more or less to a point; thence running direction from said point Two Hundred Fifty feet, more or less to the Northwest corner of Clarence Jarretts property; thence running a Southerly direction along the line of Clarence Jarrett property fifty (50) feet to the beginning corner on State Highway No. 13 and being the entire boundary between State Highway 13 and property of the Southern Railway Company situated thereon, said building being 28 X 70 feet. Said property being a portion of the property deeded to Willie Garrison by Bernice Westmoreland, said deed being recorded in Deed Book 35, Page 409, in the Office of the Clerk of Superior Court, said County; and being the same property conveyed by Warranty Deed from Willis Garrison to J. H. McEwen dated April 18, 1947, and recorded in the Office of the Clerk of Superior Court, Stephens County, Georgia. ALSO: All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and within the corporate limits of the City of Toccoa, and being known and distinguished as Lots No. Eight (8) and Nine (9) in Block C fronting Fifty (50) feet, more or less, on the West side of Park Street and running back West same width as front Eighty-Five (85) feet each to an alley, according to map and survey made by M.B. Collier, County Surveyor of Stephens County, Georgia, January 1907 Lot No. 8 having been conveyed to O. L. Whitehead by the Board of Church Extension and Home Missions by Warranty Deed dated February 9, 1939, and Lot No. 9 having been conveyed to O. L. Whitehead by E.E. Mitchell and J.C. Andrews by Warranty Deed. Being the same property conveyed by O.L. Whitehead to Grant A. Smith by Warranty Deed dated February 20, 1943, and also conveyed by Warranty Deed dated November 11, 1943 to W. M. Mullinax by Grant A. Smith, which Deed appears of record in Deed Book 38, Page 108-109. Being also the same property conveyed by L.O. Lipscomb to Lucious B. Alewine by Warranty Deed. Said Lot No. 8 has a six room dwelling situated thereon. The two Security Deeds referenced above are hereinafter referred to collectively as the Security Deeds. The debt secured by the Security Deeds is evidenced by a promissory note (the Note), from Stephanie Gordon and Robert C. Gordon to CBT, a Division of SCBT, N.A., dated March 4, 2011, in the original principal amount of $69,992.17, payable, principal and interest from the date thereof shown on the Note on the unpaid balance until paid. Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deeds as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deeds foreclosable according to their terms. The debt remaining in default, the property will be sold to the highest bidder for cash as the property of Stephanie Gordon and Robert C. Gordon, the proceeds to be applied to the payment of said indebtedness, attorneys fees (notice of intention to collect attorneys fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deeds, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deeds referenced above. To the best of the undersigneds knowledge and belief, the property is in the possession of Stephanie Gordon and Robert C. Gordon and will be sold as the property of Stephanie Gordon and Robert C. Gordon. The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deeds. Stephanie Gordon and Robert C. Gordon By: South State Bank f/k/a SCBT d/b/a CBT, a Division of SCBT as Attorney-in-Fact Hulsey, Oliver & Mahar, LLP P. O. Box 1457 Gainesville, GA 30503 770-532-6312 ASH/mem/10663/W163497 gpn11 TR94682
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