Detail Back

Notice Content

CLASS:007 NOTICE OF SALE UNDER POWER GEORGIA, COWETA COUNTY By virtue of a Power of Sale contained in that certain Deed to Secure Debt (With Future Advance Clause) from T. Leigh Sanders, Jr. to Fidelity Bank (by virtue of that certain Transfer and Assignment of Security Deed, filed and recorded May 24, 2016 in Deed Book 4374, Page 122, COWETA COUNTY, Georgia Records, assignee of the Federal Deposit Insurance Corporation in receivership of The Bank of Georgia) (“Fidelity Bank”), dated September 20, 2007, filed and recorded September 21, 207 in Deed Book 3253, Page 87, Coweta County, Georgia Records (as amended, modified, or revised from time to time, “Security Deed”), said Security Deed having been given to secure a Note in the original principal amount of FOUR HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED AND NO/100THS DOLLARS ($418,500.00) (as amended, modified, or revised from time to time, the “Note”), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of COWETA COUNTY, Georgia, within the legal hours for sale on the first Tuesday in July, 2016, all property described in said Security Deed, including, but not limited to, declarant's rights, if any, and, without limitation, the following described property (or so much thereof as has not, as of said first Tuesday, by duly executed and recorded instrument, previously been released from the lien of the Security Deed): PARCEL ONE: ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 139 OF THE 8TH LAND DISTRICT OF COWETA COUNTY, GEORGIA AND BEING IDENTIFIED AS TRACT A, CONTAINING 57.474 ACRES, ACCORDING TO PLAT OF SURVEY FOR SARA LANG ESTATE MADE BY JOHN R. CHRISTOPHER, REGISTERED LAND SURVEYOR, DATED SEPTEMBER 30, 1986 AS RECORDED IN PLAT BOOK 41, PAGE 143, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF COWETA COUNTY, GEORGIA TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR AND ACCURATE DESCRIPTION OF THE PROPERTY CONVEYED HEREIN AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT LOCATED ON THE EAST LAND LOT LINE OF LAND LOT 139 OF THE 8TH LAND DISTRICT WHICH POINT IS LOCATED NORTH 0 DEGREES 13 MINUTES 38 SECONDS WEST 545.67 FEET FROM THE SOUTHEAST CORNER OF SAID LAND LOT 139, AS MEASURED ALONG THE EAST LAND LOT LINE OF LAND LOT 139, AND FROM SAID POINT OF BEGINNING RUN SOUTH 88 DEGREES 21 MINUTES 22 SECONDS WEST 1537.89 FEET TO A POINT; THENCE RUN NORTH 1 DEGREE 40 MINUTES 54 SECONDS WEST 1097.54 FEET TO AN IRON; THENCE RUN NORTH 02 DEGREES 18 MINUTES 33 SECONDS EAST 136.79 FEET TO AN IRON; THENCE RUN NORTH 88 DEGREES 0 MINUTES 30 SECONDS EAST 465.71 FEET TO AN IRON; THENCE RUN NORTH 01 DEGREE 43 MINUTES 32 SECONDS WEST 1074.73 FEET TO AN IRON LOCATED ON THE SOUTH RIGHT OF WAY OF JIM STARR ROAD; THENCE RUN NORTH 81 DEGREES 49 MINUTES 07 SECONDS EAST 34.28 FEET ALONG SAID RIGHT OF WAY; THENCE CONTINUING ALONG THE SOUTH RIGHT OF WAY OF JIM STARR ROAD RUN NORTH 80 DEGREES 28 MINUTES 53 SECONDS EAST 470.28 FEET TO AN IRON; THENCE RUN SOUTH 1 DEGREE 43 MINUTES 32 SECONDS EAST 1096.48 FEET TO AN IRON; THENCE RUN NORTH 87 DEGREES 50 MINUTES 48 SECONDS EAST 595.44 FEET TO AN IRON; THENCE RUN SOUTH 0 DEGREES 13 MINUTES 38 SECONDS EAST 1289.0 FEET ALONG THE EAST LAND LOT LINE OF LAND LOT 139 TO THE POINT OF BEGINNING OF THE PROPERTY CONVEYED HEREIN. PARCEL TWO: ALL THAT TRACT OR PARCEL OF LAND CONTAINING 42.6 ACRES OUT OF LAND LOT NO. 138 OF THE EIGHTH LAND DISTRICT OF COWETA COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT PREPARED BY JOHN R. CHRISTOPHER, ON DECEMBER 4, 1975; WHICH PLAT IS OF RECORD IN PLAT BOOK 20, PAGE 147, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT, COWETA COUNTY, GEORGIA. SAID PROPERTY IS MORE PARTICULARLY DESCRIBED ACCORDING TO SAID PLAT AS FOLLOWS: BEGIN AT AN IRON PIN AT THE SOUTHWEST CORNER OF LAND LOT 138 OF SAID DISTRICT AND RUN THENCE NORTH 0 DEGREES 45 MINUTES 00 SECONDS WEST 1229.6 FEET TO AN IRON PIN; THENCE NORTH 69 DEGREES 53 MINUTES EAST 1067.2 FEET TO THE SOUTHWESTERLY SIDE OF STARR ROAD; THENCE RUN SOUTH 32 DEGREES 25 MINUTES 00 SECONDS EAST ALONG THE SOUTHWESTERLY SIDE OF STARR ROAD 983.2 FEET TO AN IRON PIN; THENCE RUN SOUTH 66 DEGREES 30 MINUTES 00 SECONDS WEST 241.6 FEET TO AN IRON PIN; THENCE RUN SOUTH 2 DEGREES 00 MINUTES 00 SECONDS EAST 632.0 FEET TO A ROCK AND IRON PIN ON THE SOUTH LINE OF LAND LOT 138; THENCE RUN SOUTH 88 DEGREES 06 MINUTES 00 SECONDS WEST 720.4 FEET TO AN IRON BOLT; THENCE RUN SOUTH 88 DEGREES 35 MINUTES 00 SECONDS WEST 592.7 FEET TO AN IRON PIN AT THE POINT OF BEGINNING. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including, but not limited to, the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees and other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by inspection of the property; any outstanding taxes, including, but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; and all outstanding bills for public utilities which constitute liens upon said property. To the best of the knowledge and belief of the undersigned, the party in possession of the property is T. Leigh Sanders, Jr. or tenant(s). The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Fidelity Bank and its counsel are acting as debt collectors. Any information obtained will be used for that purpose. Fidelity Bank as Attorney-in-Fact for T. LEIGH SANDERS, JR. Contact: Brian Pierce, Esq. Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Monarch Plaza, Suite 1600 3414 Peachtree Road, N.E. Atlanta, Georgia 30326 Telephone (404) 577-6000 No.64983-6-9-16-23-30

Back