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NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA COUNTY OF FANNIN Under and by virtue of the Power of Sale contained in the Deed to Secure Debt and Security Agreement from Sandra L. Starrett and Lois V. Edmondson to Bank of Hiawassee DBA Bank of Blue Ridge, dated July 2, 2007, and recorded in Deed Book 800, Page 305, in the offices of the Clerk of the Superior Court of Fannin County, Georgia (as same may have been modified from time to time, collectively the Security Deed), as assigned to Citizens South Bank by instrument dated March 19, 2010, and recorded in Deed Book 951, Page 780, aforesaid records; as last modified by Modification of Security Deed dated December 27, 2011 and recorded in Deed Book 993, Page 19, aforesaid records; and pursuant to that certain Discharge of Debtor with Order Approving Trustees Report of no Distribution, Closing Estate and Discharging the Trustee entered December 29, 2015, in Chapter 15 Case No. 15-21895-jrs, United States Bankruptcy Court, Northern District of Georgia, Gainesville Division; the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Fannin County, Georgia, during the legal hours of sale, on the first Tuesday in July, 2016, the following described real property, to wit: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 286 OF THE 8TH DISTRICT AND 2ND SECTION OF FANNIN COUNTY, GEORGIA, CONTAINING 0.951 ACRES, AS SHOWN ON THAT PLAT OF SURVEY PREPARED FOR JOHN AND ISABELLA C. MOLINARI, BY ROBERT A. JOHNSTON, G.R.L.S. NO. 2949, DATED JANUARY 9, 2007, RECORDED IN PLAT HANGER E50, PAGE 6, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY. PURSUANT TO O.C.G.A. 44-2-28, REFERENCE IS HEREBY MADE TO SAID RECORDED PLAT OF SURVEY FOR THE PURPOSE OF INCORPORATING SAME HEREIN FOR A MORE COMPLETE METES AND BOUNDS DESCRIPTION OF THE PROPERTY HEREIN CONVEYED. SAID PROPERTY IS CONVEYED SUBJECT TO ALL COVENANTS, EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY, ZONING, LOCAL ORDINANCES, AND SUBDIVISION REGULATIONS AS SET FORTH IN SAID PLAT OF SURVEY OR AS APPEARING OF RECORD. THIS CONVEYANCE IS MADE SUBJECT TO AND TOGETHER WITH THE RIGHT OF INGRESS, EGRESS AND UTILITY SERVICE ALONG EXISTING ROADS TO THE SUBJECT PROPERTY AS SET FORTH ON THE AFOREMENTIONED SURVEY PLAT OR AS APPEARING OF RECORD. THE ABOVE DESCRIBED PROPERTY IS CONVEYED SUBJECT TO THE FOLLOWING: 1.PROTECTIVE COVENANTS DATED JULY 21, 1984 AND RECORDED ON AUGUST 8, 1984, RECORDED IN DEED BOOK 95, PAGE 384, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY, GEORGIA. 2.EASEMENT TO TRI-STATE ELECTRIC MEMBERSHIP CORPORATION RECORDED AUGUST 21, 1984 IN DEED BOOK 95, PAGE 684, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY, GEORGIA. 3.AMENDMENT TO PROTECTIVE COVENANTS DATED DECEMBER 31, 1984, RECORDED FEBRUARY 1, 1985 IN DEED BOOK 99, PAGE 477, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY, GEORGIA. 4.SECOND AMENDMENT TO PROTECTIVE COVENANTS RECORDED MARCH 15, 1985, RECORDED IN DEED BOOK 100, PAGE 636, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY, GEORGIA. 5.THIRD AMENDMENT TO PROTECTIVE COVENANTS DATED JANUARY 17, 1986, RECORDED IN DEED BOOK 109, PAGE 382, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY, GEORGIA. 6.SUBJECT TO THAT CERTAIN EASEMENT TO BLUE RIDGE TELEPHONE COMPANY RECORDED IN DEED BOOK 163, PAGE 522 AND DEED BOOK 198, PAGE 203, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY, GEORGIA. 7.SUBJECT TO THAT CERTAIN ROAD RIGHT-OF-WAY EASEMENT TO FANNIN COUNTY RECORDED IN DEED BOOK 254, PAGE 124, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY, GEORGIA. 8.PROTECTIVE COVENANT FOR LAUREL CROSSING ON FIGHTINGTOWN DEVELOPMENT DATED JULY 21, 1984 AND RECORDED IN DEED BOOK 95, PAGE 380, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY, GEORGIA. 9.SUBJECT TO THE RIGHT TO BUILD A BRIDGE ACROSS FIGHTINGTOWN CREEK WITH ALL RIGHTS OF INGRESS AND EGRESS AS DESCRIBED IN THAT DEED RECORDED IN DEED BOOK 93, PAGE 296, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY, GEORGIA. 10.SUBJECT TO THE RESERVATION OF ONE-HALF THE MINERAL INTEREST AS DESCRIBED IN THAT DEED RECORDED IN DEED BOOK 93, PAGE 296, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY, GEORGIA. 11.SUBJECT TO THE RIGHT FOR A PRIVATE ROAD THROUGH LAND LOT 286 AS DESCRIBED IN DEED BOOK 93, PAGE 296, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY, GEORGIA. SUBJECT TO EXISTING EASEMENT AND RIGHT OF WAYS FOR PUBLIC ROADS, IF ANY. ALSO SUBJECT TO FANNIN COUNTY, GEORGIA SUBDIVISION REGULATIONS, MOBILE HOME REGULATIONS AND ANY ZONING OR OTHER ORDINANCES, IF ANY. THE ABOVE DESCRIBED PROPERTY IS THE SAME PROPERTY AS CONVEYED BY QUITCLAIM DEED DATED JANUARY 13, 2006 FROM ISABELLA C. MOLINARI TO ISABELLA C. MOLINARI AND JOHN F. MOLINARI, RECORDED IN DEED BOOK 697, PAGES 402-403, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY. THIS BEING A PORTION OF THAT PROPERTY CONVEYED BY WARRANTY DEED DATED OCTOBER 19, 2004 FROM DAVID T. FLOYD AND CHARLES W. FLOYD TO ISABELLA C. MOLINARI, RECORDED IN DEED BOOK 601, PAGES 174-175, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF FANNIN COUNTY. PROPERTY BEING MORE COMMONLY KNOWN AS: 2044 CHESTNUT GAP ROAD #1, BLUE RIDGE, GEORGIA 30513 The debt secured by the Security Deed is evidenced by a Renewal Promissory Note, dated December 27, 2011, from Sandra L. Starrett and Lois V. Edmondson to Citizens South Bank, in the original principal amount of $218,218.01 (as same may have been further modified, renewed or amended, collectively the Note); plus interest from date on the unpaid balance until paid, and other indebtedness. Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms. The above-described real property will be sold to the highest and best bidder for cash as the property of Sandra L. Starrett and Lois V. Edmondson, the proceeds to be applied to the payment of said indebtedness, attorneys' fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record. To the best of the undersigned's knowledge and belief, the real property is presently owned by Sandra L. Starrett and Lois V. Edmondson. To the best of the undersigned's knowledge and belief, the party in possession of the real property is Sandra L. Starrett and Lois V. Edmondson, and tenants holding under them. Park Sterling Bank, successor by merger to Citizens South Bank, successor in interest to Bank of Hiawassee d/b/a Bank of Blue Ridge, as Attorney-in-Fact for Sandra L. Starrett and Lois V. Edmondson. M. Todd Westfall, Esquire Howick, Westfall & Kaplan, LLP Suite 600, One Tower Creek 3101 Towercreek Parkway Atlanta, Georgia 30339 (678) 384-7005 June 8-29 #256639
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