Notice Content
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA COUNTY OF FANNIN
Because of a default in the payment of the indebtedness evidenced by the Note (as hereinafter described), secured by a Security Deed and Agreement from Gerald Eugene Fowler and Rhonda K. Fowler (hereinafter referred to as "Grantor") to Appalachian Community Bank (thereafter revised to reflect the correct name of the Grantee as Appalachian Community Bank, FSB by virtue of a Scrivener's Affidavit dated December 5, 2010, filed for record in Deed Book 953, Page 148, in the Office of the Clerk of the Superior Court of Fannin County, Georgia), dated August 7, 2009, filed for record in Deed Book 903, Page 454, in the Office of the Clerk of the Superior Court of Fannin County, Georgia (collectively, the "Deed to Secure Debt"), that certain Loan Modification Agreement in favor of Peoples Bank of East Tennessee, dated December 20, 2012, filed for record in Deed Book 1037, Page 273, in the Office of the Clerk of the Superior Court of Fannin County, Georgia ("Modification-1"), that certain Loan Modification Agreement in favor of Peoples Bank of East Tennessee, dated March 9, 2015, in favor of Peoples Bank of East Tennessee, filed for record in Deed Book 1121, Page 77, in the Office of the Clerk of the Superior Court of Fannin County, Georgia ("Modification-2"), and thereafter conveyed by virtue of that certain Transfer and Assignment of Deed to Secure Debt and Note from Appalachian Community Bank, FSB to Peoples Bank of East Tennessee dated March 11, 2015, filed for record in Deed Book 1122, Page 584, in the Office of the Clerk of the Superior Court of Fannin County, Georgia (the "Assignment"; the Deed to Secure Debt, Modification-1, Modification-2, and the Assignment are hereinafter collectively referred to as the "Security Deed"), the undersigned, Peoples Bank of East Tennessee, pursuant to said Security Deed and that certain indebtedness as set forth in the Loan Modification Agreement in favor of Peoples Bank of East Tennessee dated March 9, 2015, in the principal amount of $17,992.38 (hereinafter occasionally referred to as the "Note") has declared the entire amount of said indebtedness due and payable. Therefore, pursuant to and by virtue of the power of sale contained in the Security Deed, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door on the courthouse steps at Fannin County, Georgia, within the legal hours of sale on the first Tuesday in October, 2015, the following described property: All that tract or parcel of land lying and being in Land Lot No. 149 of the 8th District and 2nd Section of Fannin County, Georgia, containing 1.33 acres of land, more or less, and being designated as Lot No. 1, of Tall Tree Ridge Subdivision as shown on plat of survey prepared by Lowell K. Bice, G.R.L.S. No. 2797, dated December 11, 2008, recorded in Plat Hanger E200, Page 3, Fannin County Deed Records. Said plat of survey is incorporated herein by reference for a more complete and accurate legal description of the above described property, together with all fixtures and personal property attached to and constituting a part of said property, and replacements and additions.
The above described property is conveyed subject to all rights of way and easements as set forth on the aforementioned plat of survey or as appearing of record.
TOGETHER WITH all of the buildings, building materials, fixtures and improvements on, in and to the property and all easements, rights, rents, royalties, mineral, oil and gas rights, profits and water rights. The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale, and all other payments provided for under the Security Deed, including permitted attorneys' fees as provided in the Note and Security Deed, notice of intention to collect attorneys' fees and expenses of the foreclosure having been given as provided by law and as provided by the terms of the Security Deed; and the remainder, if any, shall be applied as provided by law. To the best knowledge and belief of the undersigned, Gerald Eugene Fowler and Rhonda K. Fowler are in possession of said property. Said property will be sold subject to any prior restrictive covenants, easements, rights-of-way, valid zoning ordinances, matters which would be disclosed by an accurate survey of the property or by an inspection of the property, and any liens or encumbrances superior to the Security Deed first set out above, and subject to all outstanding taxes, assessments, and utility bills which may constitute a lien against said property, whether due and payable or not yet due and payable. Peoples Bank of East Tennessee hereby notifies Grantor that Peoples Bank of East Tennessee remains the holder of the security interest set forth in the Security Deed. Grantor may communicate with Peoples Bank of East Tennessee by contacting Mr. Doug Richesin, Peoples Bank of East Tennessee, P.O. Box 128, Madisonville, Tennessee 37354, or by telephone at (423) 442-7262. Mr. Richesin has full authority to negotiate, amend, and modify all terms of the Security Deed with Grantor.
PEOPLES BANK OF EAST TENNESSEE, as Attorney-in-Fact for GERALD EUGENE FOWLER and RHONDA K. FOWLER.
By: Thomas E. Austin, Jr., Attorney for Peoples Bank of East Tennessee
Thomas E. Austin, Jr., LLC 3475 Piedmont Road, N.E. Suite 1100 Atlanta, Georgia 30305-6400 (404) 814-3755
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Sept. 9-30
#192012
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