Newsbank Archive
July 23, 2014

gpn11 NOTICE OF SALE UNDER POWER Under and by virtue of the power of sale contained in the Real Estate Deed to Secure Debt from BOBBY LYNN STAGGS, JR

Where:

30533

Description:

gpn11 NOTICE OF SALE UNDER POWER Under and by virtue of the power of sale contained in the Real Estate Deed to Secure Debt from BOBBY LYNN STAGGS, JR. and SUE L. STAGGS to CHESTATEE STATE BANK, dated February 4, 2005, recorded in Deed Book P-35, Page 675, Lumpkin County, Georgia Records; last modified by agreement recorded in Deed Book 1192, Page 768, Lumpkin County, Georgia Records; and as assigned by Master Assignment dated February 4, 2011 from the Federal Deposit Insurance Corporation ("FDIC"), as Receiver of Chestatee State Bank, to Bank of the Ozarks, recorded in Deed Book 1181, Page 305, Lumpkin County, Georgia Records; said Deed to Secure Debt, as modified and assigned, given to secure, among other things, a Note from BOBBY STAGGS in the original principal amount of Two Hundred and Seventy-Three Thousand, Six Hundred Eighty-Four, and 00/100 Dollars ($273,684.00), as such Note may have been renewed or modified, the Property described in said Real Estate Deed to Secure Debt will be sold by Bank of the Ozarks, as successor in interest to and assignee of the FDIC, as Receiver of Chestatee State Bank, at public outcry to the highest bidder for cash before the Courthouse door at Lumpkin County, Georgia, within the legal hours of sale on Tuesday, August 5, 2014, which Property is more particularly described as follows: All that tract or parcel of land lying and being in Land Lot 60 of the 13 District, 1st Section of Lumpkin County, Georgia and being identified as Tract A containing 24.345 acres, more or less, and Tract B containing 15.655 acres, more or less, as shown on a survey dated November 6, 1998, as prepared by Farley Collins & Associates, prepared for "Bobby L. Staggs, Jr. and Sue L. Staggs" and being recorded in Plat Cabinet 1, Slide 24, Page 74, Lumpkin County, Georgia Records. Also, conveyed herein is a non-exclusive easement in perpetuity, 60-foot in width, for utilities and pedestrian and vehicular access, ingress and egress in, to, over and across the property of the Grantor, to and from Highway 9, as shown on plat for Patsy Brannon, by Farley-Collins Associates, dated May 26, 1994, and as also shown on the plat dated November 6, 1998, as prepared by Farley Collins Associates, above-referenced. LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 60, 13th District, Lumpkin County, Georgia and being fully described on a Plat prepared by Farley-Collins Associates, Georgia Registered Land Surveyor, dated March 10, 2000 and as per said Plat the property contains 5.00 acres, more or less, the subject plat being of record in Plat Cabinet One, Slide 46, Plat 120A, Lumpkin County Records. Said plat is incorporated herein by reference. The debt secured by said Real Estate Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Real Estate Deed to Secure Debt. The debt remaining in default, this sale will be 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 might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Real Estate Deed to Secure Debt first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is BOBBY LYNN STAGGS, JR. and SUE L. STAGGS, or a tenant or tenants. BANK OF THE OZARKS, as successor in interest to and assignee of the FDIC, as receiver of Chestatee State Bank, as attorney in fact for BOBBY LYNN STAGGS, JR. and SUE L. STAGGS Robert A. Weber, Jr. The Weber Firm, LLC P.O. Box 74 Gainesville, Georgia 30503 (770)287-8886 RUN DATES: JULY 9, 2014; JULY 16, 2014; JULY 23, 2014; AND JULY 30, 2014.
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