2355 Damascus Rd

NOTICE OF SALE UNDER POWER GEORGIA, FANNIN COUNTY Under and by virtue of the Power of Sale contained in that certain Deed to secure Debt and Security Agreement from MOUNTAIN BROTHERS HOME REPAIR LLC (the “Grantor”) to Bank OZK dated December 21, 2023, filed January 2, 2024, in Deed Book 1586, Page 349, Fannin County, Georgia Records (said Deed to Secure Debt and any subsequent modifications thereof being the “Security Deed”), conveying the after-described property to secure that certain promissory note from Grantor dated December 21, 2023, in the original principal amount of $144,750.00 (the “Note”), there will be sold by the undersigned, Bank OZK (“Lender”), at public outcry to the highest bidder for cash before the courthouse door of (or at such other lawfully designated place within) Fannin County, Georgia, within the legal hours of sale on the first Tuesday in June, 2026, the following described property: All that tract or parcel of land lying and being located in the 8th District, 2nd Section of Fannin County, Georgia and being in Land Lot 177, containing 1.98 acres, more or less, as evidenced on survey of plat prepared for Barbara S. Dockery dated June 25, 2007, prepared by Richard E. Nutt, G.R.L.S. #1797, said plat of survey recorded in Plat Hanger E72, Page 8, Fannin County Records. Said recorded plat of survey is incorporated herein by reference thereto for a more complete and accurate metes and bounds description of the above-described property. Being and intended to be all that property conveyed by Warranty Deed dated July 5, 1956, from Johnnie Twiggs to Cecil E. Dockery, recorded July 10, 1956, in Deed Book 25, Page 381, Fannin County Deed records. Being and intended to be all that property conveyed by Warranty Deed (For Life with Remainder to Survivor) dated November 17, 1988, from Cecil E. Dockery to Cecil E. Dockery and Barbara S. Dockery, recorded November 17, 1988, in Deed Book 142, Page 67; re-recorded in Deed Book 790, Pages 498-499 to add in plat, Fannin County Deed records. TO THE EXTENT NOT INCLUDED IN THE ABOVE DESCRIBED PROPERTY: Grantor further quitclaims to Grantee, with no warranties of title or title insurance, all interests of the Grantor, if any, in and to the following property: All that tract or parcel of land lying and being in the 8th District and 2nd Section, of Fannin County, Georgia, and being a part of Land Lot No. 177, and being more particularly described as follows: Beginning at an iron pin located on the Western right-of-way margin of the graveled county road, generally known in the community as Damascus Church Road, said iron pin being a common corner between the property herein conveyed and the property now or formerly owned by Ira Lee Davenport; thence in a Southeasterly direction, along with the Western right-of-way margin of said county road, a distance of 450 feet more or less, to an iron pin, said iron pin being a common corner between the property herein conveyed and the property now or formerly owned by Ira Lee Davenport; thence West a distance of 6 feet, more or less, to an iron pin; thence in a Northwesterly direction a distance of 450 feet, more or less, to an iron pin; thence East a distance of 6 feet, more or less to the point of beginning. Being and intended to be all that property conveyed by Quit-Claim Deed dated May 23, 2007 from Fannin County, a Political Subdivision of the State of Georgia to Barbara S. Dockery, recorded May 24, 2007 in Deed Book 791, Pages 665-666, Fannin County Deed records. Cecil E. Dockery departed this life October 6, 1994, a resident of Fannin County, Georgia. [See attached Exhibit “A”]. Barbara S. Dockery (“Decedent”) departed this life June 22, 2023, a resident of Fannin County, Georgia [See attached Exhibit “B”, miscellaneous Probate Materials] The above-described property is subject to all existing easements, restrictions, reservations, rights of way and other matters of title of record, including but not limited to the matters shown below (if any): All easements, restrictions and rights-of-way (including rights of others, if any, in and to the use of same) as shown on plats of survey recorded in Plat Book D-286, Page 1 and Plat Book E72 Page 8, Fannin County Deed records. The indebtedness secured by said Security Deed has been and is hereby declared due and payable 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 Security Deed. 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 Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given as provided by law). The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, easements against the property, if any, and subject to any unpaid water and waste bills that constitute liens against the property, whether due and payable or not yet due and payable. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed. Lender reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Lender may elect, as permitted in the Security Deed. The following information is being provided in accordance with O.C.G.A. § 44-14-162.2. Bank OZK is the secured creditor under the Security Deed and loan being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated Note on behalf of the secured creditor: Bank OZK, 2675 Freedom Parkway, Cumming, GA 30041. O.C.G.A. § 44-14-162.2 states in pertinent part that, “nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.” To the best of the undersigned's knowledge and belief, the property is located at 2355 Damascus Road, Blue Ridge, Georgia 30513, and the party in possession of the property is Mountain Brothers Home Repair LLC or a tenant or tenants. Bank OZK as Attorney-in-Fact for Mountain Brothers Home Repair LLC The Weber Firm, LLC, Attorneys for Bank OZK 303 Jesse Jewell Parkway, Suite 310 Gainesville, Georgia 30501 770 535-1445 This is notice that we are attempting to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. Run Dates: May 6, May 13, May 20, and May 27, 2026