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NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF FANNIN Because of a default in the payment of the indebtedness evidenced by a Note (as hereinafter described), secured by a Security Deed from Michael Crawford and Erin Crawford (hereinafter referred to as "Grantor") to IBM Southeast Employees' Federal Credit Union dated June 25, 2004, filed for record in Deed Book 581, Page 418, in the Office of the Clerk of the Superior Court of Fannin County, Georgia (hereinafter referred to as the "Security Deed"), the undersigned, IBM Southeast Employees' Credit Union f/k/a IBM Southeast Employees' Federal Credit Union, pursuant to said Security Deed and that certain Note dated June 25, 2004, in the original principal amount of $86,000.00 (hereinafter referred to as the "Note"), has declared the entire amount of said indebtedness due and payable. Therefore, pursuant to and by virtue of the power of sale contained in the Security Deed, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door on the courthouse steps at Fannin 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 lying and being in the 8th District and 2nd Section of Fannin County, Georgia, and being a part of Land Lot No. 182 and being more particularly described as Tract Nos. 32, 33, 34, 63, 64 Block "B" of C.J. Sisson, G.M. Gazda and P.J. Sisson Fightingtown Creek Properties, containing 1.50 acres of land, more or less, as shown on a survey and plat made of the above described property, dated the 7th day of May, 1996, that was prepared by Lane S. Bishop, Georgia Registered Land Surveyor No. 1575, together with all fixtures and personal property attached to and constituting a part of said property, and replacements and additions. Said plat is recorded in Plat Hanger A-255, Page 4, in the Office of the Clerk of Superior Court, Fannin County, Georgia. Said recorded plat is hereby made a part of this deed by reference thereto for a more complete description of the above described property. TOGETHER WITH all of the buildings, building materials, fixtures and improvements on, in and to the property and all easements, rights, rents, royalties, mineral, oil and gas rights, profits and water rights. The indebtedness secured by the Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness when due and in the manner provided in the Note. 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 permitted attorneys' fees as provided in the Note and Security Deed, notice of intention to collect attorneys' fees and expenses of the foreclosure having been given as provided by law and as provided by the terms of the Security Deed; and the remainder, if any, shall be applied as provided by law. To the best knowledge and belief of the undersigned, Michael Crawford and Erin Crawford are in possession of said property. Said property will be sold subject to any prior restrictive covenants, easements, rights-of-way, valid zoning ordinances, matters which would be disclosed by an accurate survey of the property or by an inspection of the property, and any liens or encumbrances superior to the Security Deed first set out above, and subject to all outstanding taxes, assessments, water, waste, and utility bills which may constitute a lien against said property, whether due and payable or not yet due and payable. This sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed. Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed. Pursuant to O.C.G.A. 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above. The following information is being provided in accordance with O.C.G.A. 44-14-162.2. IBM Southeast Employees' Credit Union f/k/a IBM Southeast Employees' Federal Credit Union hereby notifies Grantor that IBM Southeast Employees' Credit Union f/k/a IBM Southeast Employees' Federal Credit Union remains the holder of the security interest set forth in the Security Deed. Grantor may communicate with IBM Southeast Employees' Credit Union f/k/a IBM Southeast Employees' Federal Credit Union by contacting Ms. Joann Brown, IBM Southeast Employees' Credit Union, P.O. Box 2850, Kennesaw, Georgia 30156, or by telephone at (678) 797-6317. Ms. Brown has full authority to negotiate, amend, and modify all terms of the Security Deed with Grantor. O.C.G.A. 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument". IBM SOUTHEAST EMPLOYEES' CREDIT UNION f/k/a IBM SOUTHEAST EMPLOYEES' FEDERAL CREDIT UNION, as Attorney-in-Fact for MICHAEL CRAWFORD and ERIN CRAWFORD By: Thomas E. Austin, Jr., Attorney for IBM Southeast Employees' Credit Union f/k/a IBM Southeast Employees' Federal Credit Union Thomas E. Austin, Jr., LLC 3475 Piedmont Road, N.E. Suite 1100 Atlanta, Georgia 30305-6400 (404) 814-3755 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Nov. 9-30 #296633
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