Notice Content
STATE OF GEORGIA
COUNTY OF GWINNETT
NOTICE OF SALE
UNDER POWER
Under and by virtue of the power of sale contained in a Security Deed from JACK ERIC CAIN and BRYANT KEITH CAIN to The Peoples Bank dated May 18, 2007, recorded May 25, 2007, in Deed Book 47918, Page 405, Gwinnett County, Georgia records, as transferred to Community & Southern Bank pursuant to that certain Purchase and Assumption Agreement dated as of September 17, 2010, by and among Community & Southern Bank, The Federal Deposit Insurance Corporation, Receiver of The Peoples Bank and The Federal Deposit Insurance Corporation, and as assigned to COMMUNITY & SOUTHERN BANK by Assignment recorded in Deed Book 50341, Page 63, Gwinnett County Records, said Security Deed as modified by Modification Agreement dated June 28, 2013, recorded in Deed Book 52360, Page 636, Gwinnett County, Georgia records, as further modified by Modification Agreement dated April 21, 2014, recorded in Deed Book 52932, Page 521, Gwinnett County, Georgia records, said Security Deed being given to secure a Note from JACK ERIC CAIN dated June 30, 2010 in the original principal amount of Seventy Eight Thousand Eight Hundred Thirty Eight and 75/100 ($78,838.75) Dollars, with interest from date at a rate per cent per annum 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 Gwinnett County, Georgia, within the legal hours of sale on the first Tuesday in June, 2016, the following described property:
All that tract or parcel of land being in Land Lot 341 of the 5th District of Gwinnett County, Georgia, and being Tract No. 2 containing 5.64 acres as per survey of Guy H. Cain Estate by Borders & Associates Surveyors, dated January 1978, and said plat being recorded in Plat Book 7, Page 204, Gwinnett County records and by reference is incorporated herein for a complete description of said property.
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 attorneys fees (notice of intent to collect attorneys 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 JACK ERIC CAIN and BRYANT KEITH CAIN or a tenant or tenants.
COMMUNITY & SOUTHERN BANK,
as attorney in Fact for JACK ERIC CAIN and BRYANT KEITH CAIN
L. Lou Allen
Stites & Harbison, PLLC
520 West Main Street
Blue Ridge, Georgia 30513
(706) 632-7923
File No. CO608-00563
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
950-417910, 5/12,19,26,6/2
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