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NOTICE OF SALE UNDER POWER FANNIN COUNTY, GEORGIA Under and by virtue of the Power of Sale contained in that certain Security Deed given by Jon M. Clement and Veronica S. Clement ("Borrower") to and in favor of United Community Bank, its successors and assigns dated August 3, 2010, filed for record on August 6, 2010, and recorded in Deed Book 936, Page 443-452, Fannin County, Georgia records (the "Security Deed"), as modified by that Modification of Security Deed between Borrower and Lender dated June 24, 2013, and filed for record on August 5, 2013, recorded in Deed Book 1064, Page 519-521, Fannin County, Georgia, as further modified by that Modification of Security Deed between Borrower and Lender dated September 26, 2014, and filed for record on October 1, 2014, recorded in Deed Book 1105, Page 656-658, Fannin County, Georgia, as assigned to First Southwestern Financial Services, LLC ("Lender"), in that Assignment of Security Deed dated January 18, 2016, and filed for record on February 3, 2016 in Deed Book 1154, Page 811-815; said Security Deed being given to secure a Promissory Note (herein "Note"), made by Borrower in favor of Lender, in the original principal amount of ONE HUNDRED EIGHTY-FOUR, FIVE HUNDRED NINETY-SIX AND 53/100ths DOLLARS ($184,596.75), as amended, together with interest on the Note from the date thereof at the rate as provided therein 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 March 2017, the following described property (the "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 130, being more particularly described as Lot 26 containing 1.03 acres of land, and Lot 29 containing 1.25 acres of land, of Farmers Estates, a shown on a plat of survey dated January 2, 2006, prepared by Lane S. Bishop, G.R.LS. No. 1575, and recorded in Plat Hanger D-293, page 3, in the office of the Clerk of Superior Court of Fannin County, Georgia. Reference is hereby made to said recorded plat of survey for the purpose of incorporating same herein and for a more complete metes and bounds description of the property herein described. There is also conveyed herewith a permanent and perpetual right-of-way easement for ingress and egress over and across the existing subdivision roads as shown on the above referenced plat of survey. Said easement is not a mere easement but a right running with the land and shall inure to the benefit of the grantee herein, her heirs and assigns. The above described property is conveyed subject to any and all easements and rights-of-way as shown on the aforementioned plat of survey and as appearing of record. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to comply with the terms of the Note. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys' fees (notice of intent to collect attorneys' fees having been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will be held subject to the following items which may affect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of records superior to said Security Deed. To the best knowledge and belief of Lender, the described Property is in the possession of Borrower or tenant(s), and said Property is more commonly known as 369 Farmer Circle, Mineral Bluff, Georgia 30559. 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 as to the status of the loan with the holder of the Security Deed. Daniel A. Greene, at Poole Huffman, LLC, 315 W. Ponce de Leon Ave., Suite 344, Decatur, Georgia 30030, Telephone: 404-373-4008, a representative for Lender, is the individual who has full authority to negotiate, amend, and modify all terms of the mortgage with you. FIRST SOUTHWESTERN FINANCIAL SERVICES, LLC as Attorney-in-Fact for JON M. CLEMENT VERONICA S. CLEMENT Daniel A. Greene, Esq. Poole Huffman, LLC 315 W. Ponce de Leon Ave. Suite 344 Decatur, Georgia 30030 Telephone: 404-373-4008 Fax: 888-709-5723 THIS COMMUNICATION IS AN EFFORT TO COLLECT A DEBT BY A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Feb. 8-March 1 #316911
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