NOTICE OF SALE UNDER POWER
GEORGIA, DODGE COUNTY
By virtue of the power of sale contained in the Deed to Secure Debt from W. H. (BILLY) MCRAE TO MERCHANTS & CITIZENS BANK, dated December 17, 1999, recorded in Deed Book 342, pages 44-49, in the Office of the Clerk of Superior Court of Dodge County, Georgia, conveying the property described hereinafter to secure a Note in the original principal amount of $500,407.50, with interest thereon as set forth therein, for a total amount of $666,577.76 (as of October 28, 2014) being due, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door of Dodge County, Eastman, Georgia, during the legal hours of sale on the FIRST TUESDAY IN DECEMBER, 2014, the following described property, to-wit:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONSISTING OF TWO HUNDRED FIFTY-SEVEN AND EIGHT TENTHS (257.8) ACRES OF LAND, MORE OR LESS, LYING AND BEING IN LAND LOTS 172 AND 173, IN THE 13TH LAND DISTRICT OF DODGE COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH CORNER OF LAND LOT 173 AND RUN ALONG THE NORTHWEST LOT LINE SOUTH 44 DEGREES WEST A DISTANCE OF 3,090 FEET TO THE WEST CORNER OF SAID LAND LOT; THENCE RUN ALONG THE SOUTHWEST LOT LINE SOUTH 45 DEGREES 20 MINUTES EAST A DISTANCE OF 3,088 FEET TO THE SOUTH CORNER OF SAID LAND LOT; THENCE RUN ALONG THE SOUTHEAST LOT LINE NORTH 45 DEGREES 40 MINUTES EAST A DISTANCE OF 400 FEET TO A POINT LOCATED IN THE CENTER OF THE EASTMAN-MONTGOMERY PUBLIC ROAD; THENCE RUN ALONG THE CENTER LINE OF SAID ROAD SOUTH 82 DEGREES 20 MINUTES EAST A DISTANCE OF 161 FEET AND SOUTH 63 DEGREES 10 MINUTES EAST A DISTANCE OF 553 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID ROAD; THENCE RUN ALONG SAID RIGHT-OF-WAY LINE SOUTH 83 DEGREES 05 MINUTES EAST A DISTANCE OF 983 FEET; NORTH 89 DEGREES EAST A DISTANCE OF 560 FEET AND SOUTH 89 DEGREES 30 MINUTES EAST A DISTANCE OF 800 FEET TO THE RUN OF MILL CREEK; THENCE RUN ALONG THE RUN OF SAID CREEK IN A NORTHWESTERLY DIRECTION TO THE WESTERLY CORNER OF PROPERTY OF CONTINENTAL CAN COMPANY; THENCE RUN NORTH 44 DEGREES EAST A DISTANCE OF 901 FEET TO THE NORTHEASTERLY LOT LINE OF LAND LOT 173; THENCE RUN ALONG SAID LOT LINE NORTH 46 DEGREES WEST A DISTANCE OF 2,911 FEET TO SAID POINT OF BEGINNING, ACCORDING TO A PLAT OF SURVEY DATED DECEMBER, 1969, MADE BY JIM H. ROSS, SURVEYOR, SAID PLAT BEING RECORDED IN THE OFFICE OF THE CLERK OF DODGE COUNTY SUPERIOR COURT IN PLAT BOOK 8, PAGE 283, SAID PLAT, TOGETHER WITH THE RECORD THEREOF, BEING BY REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. SAID TRACT IS THE SAME TRACT CONVEYED TO BILLY W. WALKER AND W. H. (BILLY) MCRAE FROM CLIFFORD A. BURCH, BY WARRANTY DEED, RECORDED ON FEBRUARY 10, 1970, IN DEED BOOK 117, PAGE 301, IN THE OFFICE OF THE CLERK
OF THE SUPERIOR COURT OF DODGE COUNTY, GEORGIA.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of non-payment of the indebtedness when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees, notice of intent to collect attorney’s fee having been given.
Said property will be sold subject to any outstanding ad valorem taxes, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt first set out above, specifically any breach of conservation use assessment of agricultural property.
To the best knowledge and belief of the undersigned, the party in possession of the property is The William Henry McRae Living Trust dated August 11, 2006 (Re-Stated January 16, 2012), or a tenant or tenants, and said property commonly has an address of JAY BIRD SPRINGS ROAD/WPA ROAD, CHAUNCEY, GA 31011.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
THE MERCHANTS &
ATTORNEY IN FACT FOR
W. H. (BILLY) MCRAE
C. LEE CANNON, JR.
CANNON LAW FIRM, LLC
ATTORNEYS FOR THE MERCHANTS & CITIZENS BANK
POST OFFICE BOX 270
MCRAE, GEORGIA 31055
PHONE - 229-868-6065
FACSIMILE - 229-868-6063
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