492 Nellie Head Rd

NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT Under and by virtue of the power of sale contained on that certain Security Deed to Secure Debt after default, executed by REECE ELROD TRUCKING, INC., a Georgia Corporation, to Builtwell Bank, dated May 11, 2023, recorded in the Office of the Clerk of the Superior Court of Catoosa County, Georgia in Deed Book 2279, Page 252 to secure a Note in the principal amount of Four Hundred Twenty-Nine Thousand Four Hundred Ninety and 37/100 ($429,490.37); default in payments having occurred, following Builtwell Bank declaring the entire amount due with interest, the undersigned will sell at public outcry to the highest bidder for cash before the customary door of the Courthouse of Catoosa County, Georgia, (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on August 5, 2025 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: All that tract or parcel of land lying and being in Land Lot 215, 11th District, 3rd Section, Catoosa County, Georgia and being more particularly described as follows: BEGINNING at the southwest corner of a tract of land heretofore conveyed by Harold Odess Land to Marvin L. McGhee by Deed of Record in Deed Book 38, Page 136, Catoosa County, Georgia Land Records; thence running east, along the south line of said McGhee tract a distance of 1,193 feet and 7 inches, more or less, to the southeast corner of said McGhee tract; thence north along the east side of tract, a distance of 510 feet, more or less, to the north original line of said Lot No. 215; thence east, along said north original line, 965 feet, more or less, to the northeast corner of said Land Lot No. 215; thence south along the east original line of said lot, a distance of 812 feet, more or less, to the northeast corner of a tract of land heretofore deeded to Franklin Gamblin by Mrs. Lorah Graham; thence in a westerly direction, along the north line of said Gamblin tract, a distance of 2,100 feet, more or less, to a point on the west right-of-way line of the Tunnel Hill-Keith Public Road; thence in a northwardly direction, along said right-of-way line, to the point of beginning; all as shown by plat prepared by Earle E. Espy, dated May 6, 1966, of record in Plat Book 9, Page 13, Catoosa County, Georgia Land Records. LESS AND EXCEPT that portion of the above described property described in that certain Warranty Deed from Charles Thomas Stockberger and Betty Geneva Stockberger to Travis G. Marler and Leah D. Marler, dated April 19, 2001, and recorded in Deed Book 799 Page 708, Catoosa County, Georgia Land Records. LESS AND EXCEPT that portion of the above described property described in that certain Foreclosure Deed from Terry S. Wilson and Carolyn A Wilson by Branch Banking and Trust Company as attorney in fact to Branch Banking and Trust Company, dated August 6, 2013, and recorded in Deed Book 1698 Page 527, Catoosa County, Georgia Land Records, TOGETHER WITH AND SUBJECT TO that certain Joint Driveway and Maintenance Agreement set forth in the instrument recorded in Deed Book 799 Page 706, Catoosa County, Georgia Land Records. Property known as: 492 Nellie Head Rd., Tunnel Hill, GA 30755 PRIOR AND LAST DEED REFERENCE: Deed recorded in Book 2168, Page 732, Clerk of Superior Court, Catoosa County, GA. Notice of the Trustees foreclosure sale has been given to all interested parties listed above, as well as, Reece Elrod Trucking, Inc., PO Box 388, Chatsworth, GA; and Reece Derek Elrod, PO Box 388, Chatsworth, GA 30705. The property described above will be sold to the highest bidder for cash, the proceeds to be applied to the payment of the indebtedness secured by the Deed to Secure Debt, attorneys fees, and the lawful expenses of the sale, all as provided in the Notes and the Deed to Secure Debt. The property will be sold subject to any and all easements, liens and restrictions appearing of record, if any, and to all unpaid taxes and assessments. To the best knowledge and belief of the undersigned, the Encumbered Property is presently in the possession of the Grantor or Grantor's tenant, or tenant(s), successors and/or assigns. The proceeds of this foreclosure sale to be applied to the lawful expenses of the foreclosure sale and then to the payment of the Note with accrued and unpaid interest; to sums due the Lender/Secured Party under the terms of the Security Deed or by law, and to attorneys' fees as allowed under the Note (notice of intent to collect said attorney's fees having been given), all as provided in the Security Deed. Any balance will be distributed as provided by law. The sale will be subject to all unpaid ad valorem taxes or assessments (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, and any liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record which are superior in title to the Security Deed. The successful purchaser at this sale will be required to either credit bid, if the owner of the Note, or deliver the entire purchase price at the conclusion of the auction in the form of a certified check(s) made payable to or endorsed to Douglas R. Johnson, Attorney for Builtwell Bank. Any amount received more than the winning bid will be refunded to the purchaser at the time of delivery of the foreclosure deed. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under 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. Section 9 13 172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sale in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. This firm is attempting to collect a debt, and any information obtained will be used for that purpose. Jerry Lee of Builtwell Bank has full authority to negotiate, amend or modify the terms of the Note and Security Deed, referenced above, at 728 Broad Street, Chattanooga, TN 37402, (423) 668-4720. Builtwell Bank By: Douglas R. Johnson Johnson & Mulroony, P.C. Attorneys-in-fact for Builtwell Bank 428 McCallie Avenue, Chattanooga, TN 37402 7:9,16,23,30,2025