The Newnan Times-Herald 

Publication Name:
The Newnan Times-Herald

Publication URL:

Publication City and State:
Newnan, GA

Publication County:
Coweta

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201608110130326992538
3220054796

Notice URL:

Notice Publish Date:
Thursday, August 11, 2016

Notice Content

CLASS:007 NOTICE OF SALE UNDER POWER GEORGIA, COWETA COUNTY By virtue of a Power of Sale contained in that certain REAL ESTATE DEED TO SECURE DEBT (With Future Advance Clause) from A AND J HIGHWAY 16, LLC 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 106, COWETA COUNTY, Georgia Records, assignee of the Federal Deposit Insurance Corporation in receivership of The Bank of Georgia) (“Fidelity Bank”), dated August 12, 2010, filed and recorded August 18, 2010 in Deed Book 3592, Page 93, 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 SIX HUNDRED FIFTY THOUSAND AND NO/100THS DOLLARS ($650,000.00) (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 September, 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): All that tract or parcel of land lying and being in land lot 247 of the 1st district, Coweta county, Georgia and being parcels a and b, as shown on survey prepared for John C. Meiller and Associates Inc. by Christopher Brothers surveyors registered Land Surveyor No. 1766, as recorded in plat book 79, Page 27, Coweta County, Georgia Records, said plat being incorporated herein and made a part hereof by reference. 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; all outstanding bills for public utilities which constitute liens upon said property; and that certain Real Estate Deed to Secure Debt from A and J Hwy, LLC recorded in Deed Book 3198, Page 708, as assigned in aforesaid records; To the best of the knowledge and belief of the undersigned, the party in possession of the property is A and J Highway 16, LLC 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 A AND J HIGHWAY 16, LLC 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.65308-8-11-18-25&9-1