• NOTICE OF SALE UNDER POWER STA...

NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF WHITFIELD
Under and by virtue of the Power of Sale in a certain (collectively the “Security Deed”) from Bonnie F. Jackson, Trustee of The Lana Weaver Blaylock Irrevocable Trust and Lana Weaver Blaylock, Trustee of The Tonya Weaver Patterson Irrevocable Trust, Grantor, to Blackburne & Brown Mortgage Fund II, L.P., a California Limited Partnership, as to an undivided 16.178% interest (a portion of said 16.178% interest having been subsequently assigned as follows: an undivided 2.802% interest to Equity Trust Company FBO Stephen DeBenedetto IRA; an undivided 2.797% interest to Donald R. Jennings and N. Bernice Jennings, Trustees of the Jennings Family Living Trust; an undivided 2.154% interest to Irfan B. Zinna & Maria M. Alonso, Trustees of the Zinna-Alonso Trust created on November 12, 1998; an undivided 2.797% interest to Mark Stephenson, an unmarried man; an undivided 5.594% interest to Equity Trust Company Custodian FBO Rick Solis IRA); Equity Trust Company FBO Stephen DeBenedetto IRA Account, as to an undivided 2.792% interest; Equity Trust Company Custodian FBO Kathleen Owyoung IRA, as to an undivided 8.934% interest; Aldo Assali, a married man as his sole and separate property, as to an undivided 2.792% interest; Frank Hayden and Anne Hayden, husband and wife tenants in common, as to an undivided 13.986% interest; Doris E. Fitchett, a single woman and Raymond Magee, a married man, as his sole and separate property, as joint tenants, as to an undivided 8.381% interest; John H. Schroeder and Alice J. Schroeder, or their successors interest, as Trustee for the Schroeder Family Revocable Trust dated April 8, 1993, as to an undivided 2.792% interest; Doris E. Fitchett, a single woman and Raymond Magee, a married man, as his sole and separate property, as joint tenants, as to an undivided 8.381% interest; Duane Blake and Susan Blake, as joint tenants with rights of survivorship. as to an undivided 6.979% interest; Pensco Trust Company, Custodian FBO Lisabeth Kristin P. Roberts IRA, as to an undivided 2.792% interest; PENSCO Trust Company Cusodian FBO Rickey Lee Roberts Roth IRA, as to an undivided 3.629% interest; Terry Hottman and/or Carol Hottman, husband and wife as joint tenants, as to an undivided 2.792% interest; Eager Beaver Promotions Inc., Ronald John Smith, President, as to an undivided 1.396% interest; Michael Arthur Goldman, a single man, as to an undivided 2.792% interest; David Nakamura, an unmarried man, as to an undivided 2.797% interest; Paul T. Wibbenmeyer and Jamie A. Wibbenmeyer, husband and wife as community property, as to an undivided 5.594% interest; Michael F. Kiernan, Trustee of the Michael F. Kiernan 1998 Revocable Trust dated October 14, 1998, as to an undivided 6.994% interest, as Grantee (collectively the “Grantee”), dated August 26, 2016; recorded in Deed Book 06393, Page(s) 0135; as it may have been subsequently modified, Deed to Secure Debt said Security Deed having been given to secure a Note dated August 26, 2016, in the original principal amount of Three Hundred Fifty-Seven Thousand Five Hundred and 00/100 DOLLARS ($357,500.00), with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the courthouse door of WHITFIELD County, Georgia, during the legal hours of sale on the first Tuesday in May, 2017, the following described property to wit:
TRACT NO. 1:
ALL THAT TRACT OR PARCEL OF LAND, LYING AND BEING IN LAND LOT NO. 273 IN THE 12TH DISTRICT AND 3RD SECTION OF WHITFIELD COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED FOR C. K. WHITE BY JOSEPH R. EVANS, GEORGIA REGISTERED LAND SURVEYOR NO. 2168, DATED APRIL 22, 2004, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO SAID SURVEY AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWEST RIGHT-OF-WAY LINE OF DUG GAP ROAD WITH THE SOUTH RIGHT-OF-WAY LINE OF MINERAL SPRINGS ROAD (40' R/W); THENCE SOUTH 46 DEGREES 05 MINUTES 49 SECONDS EAST, ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF DUG GAP ROAD, A DISTANCE OF 26.13 FEET; THENCE RUNNING ALONG THE WEST RIGHT-OF-WAY LINE OF DUG GAP ROAD, ALONG AN ARC TO THE LEFT (979.93' RADIUS), AN ARC DISTANCE OF 119.74 FEET TO AN IRON PIN; THENCE SOUTH 87 DEGREES 57 MINUTES 30 SECONDS WEST A DISTANCE OF 216.46 FEET TO AN IRON PIN; THENCE NORTH 17 DEGREES 21 MINUTES 33 SECONDS EAST A DISTANCE OF 134.53 FEET TO AN IRON PIN; THENCE NORTH 87 DEGREES 56 MINUTES 54 SECONDS EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF MINERAL SPRINGS ROAD, A DISTANCE OF 204.83 FEET TO THE POINT OF BEGINNING.
TRACT NO. 2:
ALL THAT TRACT OR PARCEL OF LAND, LYING AND BEING IN LAND LOT NO. 273 IN THE 12TH DISTRICT AND 3RD SECTION OF WHITFIELD COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED FOR C. K. WHITE BY JOSEPH R. EVANS, GEORGIA REGISTERED LAND SURVEYOR NO. 2168, DATED APRIL 22, 2004, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO SAID SURVEY AS FOLLOWS:
BEGINNING AT AN IRON PIN LOCATED IN THE SOUTH RIGHT-OF-WAY LINE OF MINERAL SPRINGS ROAD (40' R/W), SAID POINT BEING LOCATED IN A WESTERLY DIRECTION, AS MEASURED ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 204.83 FEET FROM THE INTERSECTION OF SAID RIGHT-OF-WAY LINE AND THE NORTHWEST RIGHT-OF-WAY LINE OF DUG GAP ROAD; THENCE SOUTH 17 DEGREES 21 MINUTES 33 SECONDS WEST A DISTANCE OF 134.53 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREES 30 MINUTES 46 SECONDS EAST DISTANCE OF 127.72 FEET TO AN IRON PIN; THENCE SOUTH 88 DEGREES 59 MINUTES 42 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF MINERAL SPRINGS, ROAD, A DISTANCE OF 39.0 FEET TO A IRON PIN, WHICH IS THE POINT OF BEGINNING.
The debt secured by said Security Deed and Note has been and is hereby declared due and payable in full because of, among other possible events of default, failure to pay the indebtedness as and when due pursuant to the terms of said Security Deed and Note. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note.
To the best of the undersigned's knowledge and belief the party in possession of the property is Bonnie F. Jackson, Trustee of The Lana Weaver Blaylock Irrevocable Trust and Lana Weaver Blaylock, Trustee of The Tonya Weaver Patterson Irrevocable Trust, or a tenant or tenants thereof, and said property is more commonly known as follows:
2 Tracts(1&2)1500 Dug Gap Rd/0 Mineral Springs, Dalton, GA 30720
Said property will be sold as the property of Bonnie F. Jackson, Trustee of The Lana Weaver Blaylock Irrevocable Trust and Lana Weaver Blaylock, Trustee of The Tonya Weaver Patterson Irrevocable Trust , and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, as provided in said Security Deed, and the balance, if any, will be distributed as provided by law. Said property will be sold 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 (including taxes which are a lien but not yet due and payable); all outstanding or unpaid bills and assessments which may be liens upon said property, and any and all matters of record superior to the Security Deed mentioned herein.
GRANTEE,
as Attorney-in-Fact for
Bonnie F. Jackson, Trustee of The Lana Weaver Blaylock Irrevocable Trust and Lana Weaver Blaylock, Trustee of The Tonya Weaver Patterson Irrevocable Trust
NEEL, ROBINSON & STAFFORD, LLC
Shawn D. Stafford, Esq.
5555 Glenridge Connector
Suite 400
Atlanta, Georgia 30342
(404) 459-9600
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
04/07 04/14 04/21 04/28.
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PostedApril 07, 2017