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NOTICE OF SALE UNDER POWER STATE OF GEORGIA FANNIN COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the power of sale contained in that certain Security Deed by EB MARKETING, LLC to STATE MUTUAL INSURANCE COMPANY dated October 26, 2015, filed October 27, 2015 and recorded in Deed Book 1145, Pages 373-386 of the Fannin County, Georgia deed records; said Security Deed having been given to secure a Note of even date in the original principal sum of Two Hundred Sixty-Three Thousand and 00/100 Dollars ($263,000.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Fannin County, Georgia, within the legal hours of sale on the first Tuesday in February, 2017, the property described on Exhibit "A" attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, the failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees, notice of intent to collect attorney's fees having been given. Said property will be sold as the property of EB Marketing, LLC, subject to any outstanding ad valorem taxes and/or assessments, if any, (including taxes which are a lien, but not yet due and payable) any matters which might be disclosed by an accurate survey and inspection of the property, liens, encumbrances, zoning ordinances, covenants and all easements and restrictions of record, if any, having priority over the Warranty Deed to Secure Debt. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: State Mutual Insurance Company, P O Box 153, Rome GA 30162, 1-706-291-1054. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best of the knowledge and belief of the undersigned, the parties in possession of the property are EB Marketing, LLC, or a tenant or tenants. Said property is more commonly known as 82 Indian Trace, Mineral Bluff, GA 30559. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. State Mutual Insurance Company, as AttorneyinFact for EB Marketing, LLC Contact: Sidney P. Wright, P.C. SMITH & WRIGHT, LLP 210 E. 2nd Ave., Ste 100 P. O. Box 69 Rome, GA 30162-0069 (706) 236-9935 EXHIBIT A All that tract or parcel of land lying and being in the 8th District, 2nd Section, Land Lot 66 of Fannin County, Georgia, containing 9.73 acres, more or less, as shown on a plat of survey by Lane S. Bishop and Associates, Lane S. Bishop, G.R.L.S. No. 1575, dated March 28, 2001, and recorded in Fannin County records, in Plat Hanger D-245, Page 1. Said plat is incorporated herein, by reference hereto, for a full and complete description of the above described property. The above described property is conveyed subject to the following restrictions: 1. No structure of a temporary character, such as a basement, trailer, lean-to, tent, shack, garage, barn or other outbuilding will be used on any lot at any time as a residence, either temporarily or permanently. The exterior of all structures to be constructed on any of said lots shall be completed within six (6) months from the date that construction begins. 2. No mobile homes, prefabricated homes or manufactured homes of any type will be used or located on any lot at any time as a residence, either temporarily or permanently. All homes must be built on site. 3. No lot will be used for any purpose other than residential use. No building shall be erected on any lot that will be used as a school, church, kindergarten, or business of any type. 4. Concrete block construction is prohibited on any lot except that concrete block may be used in the foundation and chimneys of houses erected on said lots and must be either stuccoed, rocked or bricked. 5. Each lot will be kept and maintained free of any junk, trash and garbage, including old vehicles and discarded appliances. 6. No sign of any kind in excess of two square feet will be allowed to be visible from the public road on any property. 7. No one-story house or dwelling shall be constructed on any lot with less than 600 square feet of heated living space on the ground floor area of the main structure, excluding porches, decks, garages an basements. 8. All river lots shall have underground electric service from the main power source to the residence. 9. No further subdivision of any lot leaving under two acres. Being and intended to be a portion of the same property conveyed by Warranty Deed dated September 22, 1997, from Kenneth A. Owen a/k/a Kenneth L. Owen, Kathy L. Owen, Thomas E. Hardeman and Sandra Hardeman a/k/a Sandra C. Hardeman, in favor of David La Crosse and Kathleen La Crosse and recorded in Fannin County records in Deed Book 274, pages 644-45. Being and intended to be a portion of the same property conveyed by Warranty Deed dated March 19, 2001, from David La Crosse and Kathleen La Crosse in favor of Erik L. Johnson and Kelly M. Johnson and recorded in Fannin County records in Deed Book 390, pages 742-44. Being and intended to be the same property conveyed by Warranty Deed dated October 6, 2005, from Erik L. Johnson and Kelly M. Johnson in favor of Matilda L. Prince and recorded in Fannin County records in Deed Book 674, Pages 146-148. Being and intended to be the same property conveyed by Quitclaim Deed dated January 14, 2014 from Matilda L. Prince to EB Marketing, LLC, recorded January 16, 2014 in Deed Book 1082, Pages 145-146, Fannin County Deed records. Subject to all easements, restrictions and rights-of-way as shown on plat recorded in Fannin County records in Plat Hanger A-349, Page 1; Plat Hanger A-241, Page 5; Plat Book 24, Page 269; and Plat Hanger D-245, Page 1. Subject to riparian rights, if any, of others in and to water located on or adjacent to the above-described property. Subject to electric line right-of-way easement to Tri-State Electric Memb. Corp. recorded in Fannin County records in Deed Book 297, Page 188. Subject to Rural Post Roads Right-of-Way Deed recorded in Fannin County Records in Deed Book 30, Page 335. Subject to Grant of Transmission Line Easement recorded in Fannin County records in Mtg. Book 18, Pages 18-82. Subject to conveyance of a 40-foot easement for ingress and egress over and across the presently existing roads as shown in Warranty Deed recorded in Fannin County records in Deed Book 274, Pages 644-45. Subject to reservation of an easement for ingress and egress over and across the roads which traverse the above described property leading to other property owned by Grantors as shown in Warranty Deed recorded in Fannin County records in Deed Book 274, Pages 644-45. Subject to application and Questionnaire for Current Use Assessment of Bona Fide Agricultural Property, recorded in Deed Book 1049, Page 753, Fannin County Deed records. Subject to Scrivener's Affidavit recorded in Deed Book 960, Pages 169-170 and Deed Book 1114, Page 423, Fannin County Deed records. Jan. 11-Feb. 1 #309352
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