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STATE OF GEORGIA COUNTY OF GILMER NOTICE OF SALE UNDER POWER UNDER AND BY VIRTUE of the power of sale contained in that certain Deed to Secure Debt given from DARRELL ANDREW GODFREY (the Debtor ) to CRESCENT BANK & TRUST COMPANY, dated August 31, 2005, filed and recorded on October 13, 2005, in Deed Book 1192, Page 545, Gilmer County, Georgia deed records, as subsequently modified, assigned to Renasant Bank by Assignment from the Federal Deposit Insurance Corporation as Receiver of Crescent Bank and Trust Company, dated October 8, 2010, recorded on October 13, 2010 at Deed Book 1635, Page 92, aforesaid records, said Deed to Secure Debt having been given to secure a Promissory Note from DARRELL ANDREW GODFREY to CRESCENT BANK & TRUST COMPANY, dated August 31, 2005, in the original principal sum of Sixty Five Thousand Seven Hundred Two and 00/100 s ($65,702.00) Dollars, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Gilmer County, Georgia, within the legal hours of sale on the first Tuesday in May 2016, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 256 OF THE 12 DISTRICT AND 2ND SECTION OF GILMER COUNTY, GEORGIA, CONTAINING 1.50 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED ON THAT CERTAIN PLAT OF SURVEY FOR DARRELL ANDREW GODFREY, MADE BY MARK E. CHASTAIN, GEORGIA REGISTERED LAND SURVEYOR NUMBER 2718, DATED MAY 30, 2001, AND RECORDED IN PLAT BOOK 37, PAGE 54, GILMER COUNTY, GEORGIA RECORDS. SAID PLAT OF SURVEY IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE THERETO. THE ABOVE DESCRIBED PROPERTY IS CONVEYED SUBJECT TO THAT CERTAIN 40 EASEMENT FOR NORTH DEAN TRAIL, A/K/A DEAN ROAD, AS SHOWN ON THE THE ABOVE-REFERENCED PLAT OF SURVEY. The indebtedness secured by said Deed to Secure Debt being in default said sale will be made for the purpose of paying said indebtedness and all expenses in connection with the sale, including attorney's fees (notice of intent to collect attorney's fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the Debtor is: Renasant Bank, 145 Reinhardt College Parkway, Canton, GA 30114, 678-454-2423. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. Said property will be sold, subject to any unpaid 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, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Deed to Secure Debt first set out above. To the best knowledge and belief of the undersigned, the parties in possession of the property are Darrell Andrew Godfrey and Leah Chrishelle Godfrey or a tenant or tenants. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales 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. RENASANT BANK, As Successor in Interest to and Assignee of the Federal Deposit Insurance Corporation as Receiver Of Crescent Bank and Trust Company As Attorney-in-fact for DARRELL ANDREW GODFREY BY: THERON D. WARREN, III Sellers & Warren. P.C. Attorney for Renasant Bank 117 Towne Lake Parkway, Suite 100 Woodstock, Georgia 30188 (770) 924-9366 Apr 6-27 #244011
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