Notice Content
CLASS:007
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF COWETA By virtue of the Power of Sale contained in the Deed to Secure Debt (the "Security Deed") from Joel A. Gay and Charlotte G. Gay ("Debtor") to Fidelity Bank, successor to The Bank of Georgia ("Lender") dated September 24, 2007, recorded in Deed Book 3261, Page 754, as transferred and assigned to Lender in Deed Book 4370, Page 411, Coweta County, Georgia, Records, said Security Deed being given to secure a note of even date therewith in the original face principal amount of One Hundred Forty Thousand and 00/100 Dollars ($140,000.00), as modified, with interest from the date thereof at the rate specified therein (the "Note"), together with any and all other indebtedness owing by Debtor to Lender, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Coweta County, Georgia, within the legal hours of sale on the first Tuesday in December, 2016, the following described property: All that tract or parcel of land containing 50.037 acres lying and being in Land Lots 92 and 101 of the Second Land District of Coweta County, Georgia according to a survey by John R. Christopher, dated March 24, 1976, and recorded in Plat Book 21, Page 49, Coweta County, Georgia records which reference is made for the purpose of incorporating the same as a part herein and being more particularly described according to said plat as follows: Begin at the common corners of Land Lots 91, 92, 101 and 102 of said District marked by a rock; thence North 1 degree 00 minutes 00 seconds West along Alton Potts East line 1066.55 feet to property of Ronald Bullock marked by an iron; thence along Bullock South line North 73 degrees 51 minutes 40 seconds East 447.00 feet to an iron on the South right of way of Gordon Road; thence along said south right of way South 50 degrees 56 minutes 40 seconds East 394.2 feet, South 53 degrees 03 minutes East 202.1 feet, South 54 degrees 08 minutes 00 seconds East 674.3 feet to a point being the intersection of the South right of way of Gordon Road with the West right of way of Stephens Road; thence along said Stephens Road West right of way South 1 degree 07 minutes 00 seconds East 336.67 feet, South 00 degrees 13 minutes 00 seconds West 718.4 feet to an iron pipe; thence South 89 degrees 59 minutes 00 seconds West 1408.90 feet to an iron pipe on the East line of Alex H. Stephens Property; thence North 1 degree 47 minutes 20 seconds West along said Stephens East line 630.00 feet to the Point of Beginning. The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of the Note and Security Deed, including, but not limited to the nonpayment of principal and interest when due. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale, and all other payments provided for under the Security Deed, including attorneys' fees as provided in the Note and Security Deed, notice of intention to collect attorneys' fees having been given as provided by law; and the remainder, if any, shall be applied as provided by law. To the best of the Lender's knowledge, the party in possession of the property is Joel A. Gay and Charlotte G. Gay, or a tenant or tenants, and said property is more commonly known as 653 Gordon Road, Newnan, Georgia 30263. 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 Security Deed. Said property will be sold subject to all unpaid real estate ad valorem taxes and governmental assessments and to all prior restrictions, rights-of-way, and easements of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to by the Lender. Said property shall also be sold subject to that certain Security Deed from Joel A. Gay and Charlotte Gay to The Bank of Georgia dated September 17, 2007, recorded in Deed Book 3252, Page 681, as transferred and assigned to Wells Fargo Bank, N.A. in Deed Book 4330, Page 685, Coweta County, Georgia Records in the original face principal amount of Two Hundred Eighty Thousand and 00/100 Dollars ($280,000.00). Fidelity Bank Attorney in fact for Joel A. Gay and Charlotte G. Gay LAW OFFICE OF WALTER W. ARNALL, LLC J. CURRAN D. BOWEN 75 JACKSON STREET BLDG. 500 NEWNAN, GA 30263 (770) 683-9252 THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. No.65721-11-10-17-24&12-1
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