ADVERTISEMENT OF SALE
UNDER POWER OF SALE
IN DEED TO SECURE DEBT
STATE OF GEORGIA
COUNTY OF ELBERT
Under and by virtue of the powers contained in that Deed To Secure Debt executed by Sara M. Durham and Jack R. Durham, as Grantors, to Pinnacle Bank, as Grantee, dated February 15, 2013, which deed was recorded on February 22, 2013 in Deed Book 547 at pages 674-683 in the Office of the Clerk of the Superior Court of Elbert County, Georgia, as modified by a Modification of Security Deed, dated January 29, 2015, recorded on February 3, 2015 in Deed Book 578 at pages 151-152 in the said Clerk's Office, securing a Note in the original principal amount of $25,000.00, there will be sold at auction at public outcry to the highest bidder for cash before the courthouse door in Elbert County, by the undersigned, acting as Attorney-in-Fact for the said Sara M. Durham and Jack R. Durham, between the hours of 10:00 a.m. and 4:00 p.m. on the day authorized by law for sales under execution, to-wit: April 7, 2020, the following described land, to-wit:
All that lot or parcel of land, lying and being in the City of Elberton, Elbert County, Georgia, located on the northeast side of Carey Street and being the southeast half of Lots Nos. 1 and 2 of subdivision of the North View Park property as per plat of said subdivision made by J. N. Hawes, Surveyor, in May 1951, copy of which plat is recorded in Plat Book 2, page 169, Elbert County records and is referred to for a more minute description. The boundary of the lot here conveyed has the following courses and distances, to-wit: Beginning on the northeast side of Carey Street at corner of property of E. Kellum and running along the Kellum line 150 feet to corner of Lot No. 3 of the said subdivision; thence in a northwesterly direction along the line of Lot No. 3 76.32 feet to corner; thence in a southwesterly direction to a point on Carey Street 75 feet from the beginning point, and thence along Carey Street south 66' 30 minutes east 75 feet to said beginning point.
It is agreed said lot is sold subject to the restriction that no building will be placed thereon at a point less than 30 feet from the inside edge of the sidewalk fronting on Carey Street.
This being the same property described in a Warranty Deed from Mrs. Rachel A. Wright (Formerly Mrs. Rachel A. Scott) to Jack R. Durham and Sara M. Durham, dated November 16, 1959, recorded on November 16, 1959 in Deed Book 67 at page 6 in the Office of the Clerk of the Superior Court of Elbert County, Georgia.
Said property described above being known as 44 Carey Street, Elberton, Georgia.
Said power will be exercised, and said land will be sold as the property of Sara M. Durham and Jack R. Durham by the undersigned as Attorney-in-Fact for the said Sara M. Durham and Jack R. Durham. The debt secured by said Deed to Secure Debt being in default and the holder having declared the balance of the indebtedness due, the sale will be made for the purpose of paying same, and the proceeds thereof will be applied to the payment of said indebtedness, all charges and expenses in connection with foreclosure, including attorney's fees, and the balance, if any, to be applied as provided by law. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who has full authority to negotiate, amend, and/or modify the terms of the above-described mortgage is as follows: Miranda Fleming, Pinnacle Bank, P.O. Box 430, 884 Elbert Street, Elberton, Georgia 30635, 706-283-2854. The foregoing notwithstanding, nothing in O.C.G.A. 44-14-162.2 shall be construed to require Pinnacle Bank to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
Said property is being sold as the property of Sara M. Durham and Jack R. Durham and subject to all zoning ordinances, easements, rights of way for public roads and public utilities, unpaid taxes, assessments, and/or restrictions of record, if any, having priority over this Deed to Secure Debt.
To the best information, knowledge and belief of the undersigned, said property is presently unoccupied.
This 26th day of February, 2020.
Sara M. Durham and Jack R. Durham
BILL DAUGHTRY, ATTORNEY AT LAW, LLC
704 Elbert Street
P.O. Box 6267
Elberton, Georgia 30635
This Law Firm is attempting to
collect the debt described in this
advertisement, and any information
obtained will be used for that purpose.