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NOTICE OF SALE UNDER POWER GEO...
NOTICE OF SALE UNDER POWER
GEORGIA, WHITFIELD COUNTY
Under and by virtue of the power of sale contained in that Commercial Deed To Secure Debt dated December 3, 2024, from Charles William Smitherman, II and Susan W. Smitherman to Amin Ali, filed for record on December 11, 2024 in Deed Book 7085, Page 535 of the Whitfield County, Georgia Deed Records, as amended by that Modification Agreement-Security Deed, dated January 22, 2025, filed for record on January 24, 2025 in Deed Book 7092, Page 17 of the Whitfield County, Georgia Deed Records, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse (INSIDE THE COURTHOUSE IN LOWER ATRIUM (BASEMENT)) in Whitfield County, Georgia, on the first Tuesday in December, 2025, to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in Land Lots Nos. 157 and 158 in
the 12 th District and 3 rd Section of Whitfield County, Georgia, being Lot No. 7 of Mountain Laurel Estates Subdivision, Phase 1, as per plat of said subdivision recorded Plat Book 13, Page 91, (Plat Cabinet A, Slide 386), in the Office of the Clerk of the Superior Court of Whitfield County, Georgia, and an additional tract lying west of said Lot No. 7 and being more particularly described as per plat of survey prepared by Joseph R. Evans, Registered Land Surveyor, dated September 16, 1991, as follows:
BEGINNING at a point marking the southeast corner of Land Lot No. 157; thence north 89 degrees 35 minutes 35 seconds west 115.5 feet to an iron pin; thence north 31 degrees 22 minutes 20 seconds west 49.66 feet to an iron pin located on the southerly right of way line of Mountain Laurel Drive; thence north 72 degrees 41 minutes 57 seconds east a chord distance of 136.99 feet to an iron pin; thence continuing along said right of way north 74 degrees 20 minutes 55 seconds east 97.20 feet to a point; thence in a northeasterly direction following the curvature of the right of way line of Mountain Laurel Drive an arc distance of 51.91 feet to an iron pin; thence south 21 degrees 15 minutes 09 seconds east 133.58 feet to an iron pin; thence north 89 degrees 53 minutes 10 seconds west 160 feet to an iron pin; thence north 89 degrees 35 minutes 35 seconds west 21. 46 feet to the southwest corner of Land Lot No. 158 and the point of beginning.
The improvements thereon being known as 2319 Wilding Lane Dalton, GA 30720. Tax Parcel No. 12-158-14-010
The debt secured by said Commercial Deed To Secure Debt and Modification Agreement-Security Deed is evidenced by a Commercial Promissory Note dated December 3, 2024, in the principal amount of $525,000.00 executed by Charles William Smitherman, II and Susan W. Smitherman in favor of Amin Ali and by an amended Commercial Promissory Note dated January 22, 2025 increasing the principal amount to $575,000.00 executed by Charles William Smitherman, II and Susan W. Smitherman in favor of Amin Ali.
The debt secured by said Commercial Deed To Secure Debt and Modification Agreement-Security Deed and evidenced by said Commercial Promissory Note and Amended Commercial
Promissory Note has been and is hereby declared due and payable because of Grantors' failure to comply with certain terms and conditions in said Commercial Deed To Secure Debt and Modification Agreement-Security Deed being failure to pay the indebtedness as and where due.
The debt remaining in default, this sale will be made for the purpose of paying said indebtedness including all accrued and unpaid interest thereon and all expenses of said sale.
The property will be sold as the property of Charles William Smitherman, II and Susan W. Smitherman, who, to the best of the undersigned's knowledge and belief, is the party in possession of said property.
Notice has been given of intention to enforce provisions for collection of attorneys' fees and foreclosure expenses in accordance with legal requirements and terms of said Commercial Deed
To Secure Debt and Modification Agreement-Security Deed and Commercial Promissory Note and Amended Commercial Promissory Note.
Said property will be sold subject to any and all unpaid taxes and assessments including taxes that are a lien on the property but not yet due and payable, general zoning, land use and
subdivision restrictions, if any, matters which might be disclosed by an accurate survey and inspection of the property, all matters of record superior to the Commercial Deed To Secure Debt
and other restrictions and easements of record, if any.
The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code.
s/Amin Ali, as attorney in fact for Charles William Smitherman, II and Susan W. Smitherman.
MITCHELL & MITCHELL, P.C.
By:s/Terry L. Miller
State Bar No. 508450
108 S. Thornton Ave.
Dalton, GA 30720
(706) 278-2040 phone
(706) 278-3040 facsimile
11/7, 11/14, 11/21, 11/28
GEORGIA, WHITFIELD COUNTY
Under and by virtue of the power of sale contained in that Commercial Deed To Secure Debt dated December 3, 2024, from Charles William Smitherman, II and Susan W. Smitherman to Amin Ali, filed for record on December 11, 2024 in Deed Book 7085, Page 535 of the Whitfield County, Georgia Deed Records, as amended by that Modification Agreement-Security Deed, dated January 22, 2025, filed for record on January 24, 2025 in Deed Book 7092, Page 17 of the Whitfield County, Georgia Deed Records, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse (INSIDE THE COURTHOUSE IN LOWER ATRIUM (BASEMENT)) in Whitfield County, Georgia, on the first Tuesday in December, 2025, to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in Land Lots Nos. 157 and 158 in
the 12 th District and 3 rd Section of Whitfield County, Georgia, being Lot No. 7 of Mountain Laurel Estates Subdivision, Phase 1, as per plat of said subdivision recorded Plat Book 13, Page 91, (Plat Cabinet A, Slide 386), in the Office of the Clerk of the Superior Court of Whitfield County, Georgia, and an additional tract lying west of said Lot No. 7 and being more particularly described as per plat of survey prepared by Joseph R. Evans, Registered Land Surveyor, dated September 16, 1991, as follows:
BEGINNING at a point marking the southeast corner of Land Lot No. 157; thence north 89 degrees 35 minutes 35 seconds west 115.5 feet to an iron pin; thence north 31 degrees 22 minutes 20 seconds west 49.66 feet to an iron pin located on the southerly right of way line of Mountain Laurel Drive; thence north 72 degrees 41 minutes 57 seconds east a chord distance of 136.99 feet to an iron pin; thence continuing along said right of way north 74 degrees 20 minutes 55 seconds east 97.20 feet to a point; thence in a northeasterly direction following the curvature of the right of way line of Mountain Laurel Drive an arc distance of 51.91 feet to an iron pin; thence south 21 degrees 15 minutes 09 seconds east 133.58 feet to an iron pin; thence north 89 degrees 53 minutes 10 seconds west 160 feet to an iron pin; thence north 89 degrees 35 minutes 35 seconds west 21. 46 feet to the southwest corner of Land Lot No. 158 and the point of beginning.
The improvements thereon being known as 2319 Wilding Lane Dalton, GA 30720. Tax Parcel No. 12-158-14-010
The debt secured by said Commercial Deed To Secure Debt and Modification Agreement-Security Deed is evidenced by a Commercial Promissory Note dated December 3, 2024, in the principal amount of $525,000.00 executed by Charles William Smitherman, II and Susan W. Smitherman in favor of Amin Ali and by an amended Commercial Promissory Note dated January 22, 2025 increasing the principal amount to $575,000.00 executed by Charles William Smitherman, II and Susan W. Smitherman in favor of Amin Ali.
The debt secured by said Commercial Deed To Secure Debt and Modification Agreement-Security Deed and evidenced by said Commercial Promissory Note and Amended Commercial
Promissory Note has been and is hereby declared due and payable because of Grantors' failure to comply with certain terms and conditions in said Commercial Deed To Secure Debt and Modification Agreement-Security Deed being failure to pay the indebtedness as and where due.
The debt remaining in default, this sale will be made for the purpose of paying said indebtedness including all accrued and unpaid interest thereon and all expenses of said sale.
The property will be sold as the property of Charles William Smitherman, II and Susan W. Smitherman, who, to the best of the undersigned's knowledge and belief, is the party in possession of said property.
Notice has been given of intention to enforce provisions for collection of attorneys' fees and foreclosure expenses in accordance with legal requirements and terms of said Commercial Deed
To Secure Debt and Modification Agreement-Security Deed and Commercial Promissory Note and Amended Commercial Promissory Note.
Said property will be sold subject to any and all unpaid taxes and assessments including taxes that are a lien on the property but not yet due and payable, general zoning, land use and
subdivision restrictions, if any, matters which might be disclosed by an accurate survey and inspection of the property, all matters of record superior to the Commercial Deed To Secure Debt
and other restrictions and easements of record, if any.
The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code.
s/Amin Ali, as attorney in fact for Charles William Smitherman, II and Susan W. Smitherman.
MITCHELL & MITCHELL, P.C.
By:s/Terry L. Miller
State Bar No. 508450
108 S. Thornton Ave.
Dalton, GA 30720
(706) 278-2040 phone
(706) 278-3040 facsimile
11/7, 11/14, 11/21, 11/28
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