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gpn11 CN6543 STATE OF GEORGIA COUNTY OF CATOOSA NOTICE OF SALE UNDER POWER Under and by virtue of the power of sale contained in a Security Deed and Security Agreement from K & M RENTAL GROUP, INC. to BRANCH BANKING AND TRUST COMPANY, dated March 20, 2008, recorded March 24, 2008, in Deed Book 1427, Page 273, Catoosa County, Georgia records, as modified by Modification Agreement dated April 29, 2011, recorded May 18, 2011 in Deed Book 1573, Page 463, Catoosa County, Georgia records; also that certain Assignment of Leases and Rents dated April 29, 2011, recorded May 18, 2011 in Deed Book 1573, Page 465, Catoosa County, Georgia records, said Security Deed being given to secure a Note from K & M RENTAL GROUP, INC. dated April 29, 2011 in the original principal amount of Four Hundred Fifteen Thousand and 00/100 ($415,000.00) Dollars, as modified, with interest thereon on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Catoosa County, Georgia, within the legal hours of sale on the first Tuesday in January, 2016, the following described property: All that tract or parcel of land lying and being in Original Land Lot Nos. 191 and 192 in the 28th District and 3rd Section of Catoosa County, Georgia and being known and designated as Tract No. 2 on a plat for Ricky L. Clowdus prepared by Allied Surveying, Inc., Dalton, Georgia, Donald O. Babb, Georgia Registered Land Surveyor No. 2029, dated May 24, 1999, which is hereby incorporated herein and being more particularly described as follows: Beginning at a point in the southwest right of way line of U.S. Highway No. 41, the same being located an arc distance of 189.44 feet northwest on a radius of 1,833.21 feet from where said southwest right of way line is intersected by the northeast corner of The Park Property owned by the State of Georgia at or near the city limits of the City of Ringgold, Georgia; thence from said beginning point continuing in a northwestwardly direction with and along a curvature in the southwest right of way line of U.S. Highway 41, said curvature having a radius of 1,833.21 feet, an arc distance of 322.26 feet to a point; thence south 75 degrees 03 minutes 37 seconds west a distance of 277.47 feet to a point on the northeast line of the N.C. & St. L. Railroad right of way, thence south 41 degrees 53 minutes 22 seconds east along said railroad right of way, a distance of 438.49 feet, thence north 54 degrees 32 minutes 46 seconds east through a joint party wall, a distance of 149.33 feet; thence north 39 degrees 02 minutes 07 seconds east, a distance of 62.24 feet to said beginning point. For prior title see deed recorded in Deed Book 748, Page 405 and Deed Book 1427, Page 270, Catoosa County Land Records. The debt secured by said Security Deed has been and is hereby declared due 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). Said property will be sold subject to any outstanding ad valorem taxes (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, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is K & M RENTAL GROUP, INC. or a tenant or tenants. BRANCH BANKING AND TRUST COMPANY, as attorney in Fact for K & M RENTAL GROUP, INC. L. Lou Allen Stites & Harbison, PLLC 520 West Main Street Blue Ridge, Georgia 30513 (706) 632-7923 File No. BB025-00043 12-9,16,23,30
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