Details for 40251571 Stallings vs Greenes 10/5, 12, 19, 26; 2016 STATE
40251571 Stallings vs Greenes 10/5, 12, 19, 26; 2016
STATE OF GEORGIA COUNTY OF Douglas NOTICE OF SALE UNDER POWER Because of default in the payment of the indebtedness secured by the security deed executed by Jeffrey Greene and Toya Greene to Grady S. Stallings, Sr. and Virginia Ann Stallings on January 4, 2001, and recorded in Deed Book 1381, Page 709, Douglas County, Georgia Records, Virginia Ann Stallings individually and as Executrix of the Estate of Grady S. Stallings, Sr., as lender pursuant to the security deed and the secured note, has declared the entire amount of said indebtedness due and payable and, pursuant to the Power of Sale contained in the security deed, will on the first Tuesday in November, 2016 during the legal hours of sale, at the courthouse door in Douglas County, Georgia, sell at public outcry to the highest and best bidder for cash, the following described property: ALL THAT TRACT or parcel of land lying and being in Land Lot 83 of the 2nd District, 5th Section, Douglas County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING begin at a monument found at the corner formed by the intersection of Land Lots 78, 79, 82, and 83, said district and section; and running thence easterly along the southern land lot line of Land Lot 83 (which is also the northern land lot line of Land Lot 78) a distance of 822.85 feet to a concrete monument; running thence at an interior angle with the last preceding course of 110 degrees 39 minutes a distance of 500.00 feet to an iron pin found which is THE TRUE POINT OF BEGINNING; running thence north 71 degrees 08 minutes 40 seconds west, 879.10 feet to an iron pin placed on the eastern right-of-way line of Liberty Road; running thence northerly and northeasterly along the eastern right-of-way line of Liberty Road and following the curvature thereof an arc distance of 480.21 feet to an iron pin placed on said eastern right-of-way line (said arc being subtended by a chord lying east of said arc and having a bearing of north 04 degrees 41 minutes 25 seconds west and a length of 477.96 feet); running thence north 85 degrees 17 minutes 27 seconds east, 161.49 feet to a metal fence post; running thence north 87 degrees 42 minutes 25 seconds east, 121.17 feet to a fence post; running thence north 01 degree, 39 minutes 41 seconds east a distance of 388.67 feet along the western side of a lake to a point; running thence south 76 degrees 41 minutes 08 seconds east a distance of 210.00 feet along the northern side of said lake to a point; running thence south 13 degrees 56 minutes 40 seconds east, 271.64 feet to an iron pin found on the eastern side of said lake; running thence north 83 degrees 42 minutes 32 seconds east, 162.00 feet to an iron pin found; running thence north 06 degrees 17 minutes 28 seconds west a distance of 220.00 feet to an iron pin found; running thence south 83 degrees 42 minutes 32 seconds west a distance of 60.00 feet to an iron pin found; running thence north 34 degree 38 minutes 31 seconds east a distance of 567.52 feet to an iron pin found on the southwestern right-of-way line of Cole Road (50 foot right-of-way); running thence southeasterly along the southwestern right-of-way line of Cole Road an arc distance of 695.47 feet to an iron pin found on said southwestern right-of-way line (said arc being subtended by the following chords on the southwest side of said arc: south 42 degrees 32 minutes 12 seconds east, 366.393 feet; south 27 degrees 41 minutes 04 seconds east, 327.576 feet); running thence south 26 degrees 24 minutes 12 seconds west, 1,106.90 feet to an iron pin found at THE POINT OF BEGINNING. Said tract contains 26.85 acres as per survey prepared by Carl A. Cochran, Registered Professional Land Surveyor, dated February 9, 1984, and being entitled “Property Map for Grady S. Stallings, Sr. and Virginia Ann Stallings”. Also: All that tract or parcel of land lying and being in Land Lot 83 of the 2nd District, 5th Section, Douglas County, Georgia, more fully described as follows: BEGINNING at the center line of a 20 foot private drive on the southwest side of Cole Road a distance of 1,650 feet north and northwest from the intersection of the west side of Cole Road with the south land lot line of Land Lot 83, as measured along the west and southwest side of Cole Road; and from said point of beginning run thence south 51˚ 48’ 41” west 610 feet to a point; thence continuing south 74˚ 22’ 05” west 190 feet to a point, which is the true point of beginning of the property herein conveyed; and from said point of beginning run thence north 12˚ 34’ 21” west 110 feet to an iron pin; thence south 77˚ 25’ 39” west a distance of 60 feet to an iron pin, thence running north 70˚ 26’ 34” west 167 feet more or less to the edge of the lake adjoining said property and continuous thereto; thence in a southeasterly direction along the edge of the lake a distance of 310 feet more or less; thence north 77˚ 25’ 35” east a distance of 162 feet more or less to an iron pin; thence north 12˚ 34’ 21” west a distance of 110 feet to the center line of the 20 feet private drive at the point of beginning; said property being known as Route 3, Box 258, Villa Rica, Georgia. LESS AND EXCEPT: All that tract or parcel of land lying and being in land lot 83 of the of the 2nd district and 5th section of Douglas County, Georgia, and being all as shown upon that plat of survey prepared by Robert t. Armstrong, registered land surveyor, for Grady S. Stallings, Sr. and Virginia Ann Stallings, dated October 22, 1992, and recorded in the real estate records of Douglas county, Georgia, in plat book 19, page 272; said plat being made a part hereof by this reference thereto for a more complete description of the metes and bounds, courses and distances of said property. To the best knowledge and belief of the lender, the party in possession of the property is MR. JEFFREY GREENE AND MS. TOYA GREENE, or a tenant or tenants. The property will be conveyed subject to (i) any unpaid property taxes which may be liens against the property; and (ii) all easements and restrictions of record, if any, having priority over the security deed. The sale will be held subject to (i) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (ii) final confirmation and audit of the status of the loan with the holder of the security deed. This property is sold AS IS and WHERE IS and without representation or warranty, and without recourse against Lender. The property will be sold as the property of Jeffrey Greene and Toya Greene and the proceeds of sale will be applied to the payment of all indebtedness secured by the security deed, the expense of sale, all as provided in the security deed, and lender will execute a deed to the purchaser as provided in the security deed. Virginia Ann Stallings, Individually and as Executrix of the Estate of Grady S. Stallings, Sr., Deceased, as Attorneys in Fact for Jeffrey Greene and Toya Greene BY: JOSEPH H. FOWLER, ESQ. HARTLEY, ROWE & FOWLER, P.C. P. O. BOX 489 DOUGLASVILLE, GEORGIA 30133-0489 770/920-2000 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.