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gpn11 CN6538 NOTICE OF SALE UNDER POWER COUNTY OF CATOOSA STATE OF GEORGIA By virtue of the power of sale contained in the Deed to Secure Debt (hereinafter "Deed") from Donald Q. Babb to First Bank of Dalton dated December 20, 2002 and recorded in Deed Book 949 Page 342, modified in Deed Book 1010 Page 11, Deed Book 1080 Page 673, Deed Book 1124 Page 662, Deed Book 1184 Page 16, Deed Book 1228 Page 433, Deed Book 1320 Page 657 (re-recorded in Deed Book 1358 Page 698), Deed Book 1364 Page 511, Deed Book 1403 Page 800, Deed Book 1434 Page 216, Deed Book 1461 Page 362, Deed Book 1484 Page 797, Deed Book 1534 Page 425, Deed Book 1580 Page 175, Deed Book 1636 Page 317 and Deed Book 1719 Page 473, Deed Records of Catoosa County, Georgia, said Deeds being given to secure certain indebtednesses referred to therein, including, but not limited to, a Note in the original principal sums of $75,000.00 any renewals thereof, plus all accrued interest, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Catoosa County, Georgia within the legal hours of sale on the first Tuesday in January 2016 (January 5), the following described property: All that tract or parcel of land lying and being in Original Land Lot No. 193, in the 28th District 3rd Section of Catoosa County, Georgia, and described as follows: BEGINNING at a point in the west line of said Land Lot No. 193, which point is 643.5 feet north along said west line from its intersection with the northwest line of U. S. Highway No. 41, said point also being the southwest corner of the property conveyed to Roger L. Abney and wife, Katharine C. Abney on April 9, 1979; thence along the south line of said Abney property, north 67 degrees 02 minutes east, 1,045.2 feet to a point; thence south 41 degrees east, a distance of 156.8 feet to a point on the northwest line of U.S. Highway No. 41; thence along the northwest line of said Highway north 59 degrees 25 minutes east, 50 feet to the southeast corner of said Abney property; thence south 42 degrees 00 minutes east, 200 feet, more or less, to the center of Chickamauga Creek; thence along the center line of said Creek as it meanders in a southwesterly direction, 1,878 feet to a point on the west line of said Land Lot No. 193; thence along said west line, north 04 degrees 20 minutes west, 380 feet, more or less to the north line of said Highway; thence continuing along the west line of said Land Lot No. in a northerly direction, 643.5 feet to the southwest corner of the aforesaid Abney property, which is THE POINT OF BEGINNING. LESS AND EXCEPT any portion lying within the bounds of the property described in Deed Book 260 Page 59, Catoosa County, Georgia Land Records. For prior title see Deed Book 1601 Page 247, Catoosa County, Georgia Land Records. Together with all fixtures and personal property, if any, attached to and constituting a part of said property. The indebtednesses secured by said Deed having been and are hereby accelerated and declared due because of, among other possible events of default, failure to pay in accordance with the terms of said Deed and/or Note. Said indebtednesses remaining in default said sale will be held as provided by law and under the terms of said Deed. The proceeds of said sale shall be applied to the payment of said indebtednesses, the expenses of this proceeding, including but not limited to, attorney's fees, and all other payments as provided for under the Deed, Note and by law. Notice has been given of the intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with legal requirements and the terms of said Deed and Note. Said property will be sold subject to all outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, lien for unpaid utility and water bills, and other matters of record superior, if any, to the Deed and the sale will be conducted subject to confirmation that it is not stayed under the U.S. Bankruptcy Code and to final audit and confirmation of the loan with the holder of the Deed. To the best knowledge, information and belief of the undersigned, said property, commonly known as 9112 Highway 41, Ringgold, GA 30736 is in the possession of P.O. Ownbey, as Trustee of the Lazy Bear Trust, or tenants, and will be sold as the property of the Lazy Bear Trust. First Bank of Dalton, As Attorney in Fact for Donald Q. Babb By: WILLIAM W. BELL, JR., MINOR, BELL & NEAL, As Attorneys for First Bank of Dalton P. O. Box 2586, Dalton, GA 30722-2586, (706) 259-2586 12-9,16,23,30
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