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NOTICE OF SALE UNDER POWER, FANNIN COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Cindy Pierce and Joseph F. Pierce, Jr. to The Home Bank dated 2/20/2004 and recorded in Deed Book 562 Page 611 and modified at Deed Book 1056 Page 755 Fannin County, Georgia records; as last transferred to or acquired by Branch Banking and Trust Company, conveying the after-described property to secure a Note in the original principal amount of $ 312,468.25, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Fannin County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on May 02, 2017 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: All that tract or parcel of land lying and being in Land Lot 276 of the 8th District and 2nd Section, Fannin County, Georgia, being .84 acres as per plat of survey for Joseph F. Pierce and Cindy Pierce by Cherry Log Survey Co., Inc., Joel Jordan G.R.L.S. No.2430, dated March 27, 1990, and recorded in Plat Book 23, Page 50, in Fannin County Records, to which said plat of survey reference is made for purposes of incorporating herein. Being and intended to be a portion of that same property conveyed by Warranty Deed from Ranell Lowman in favor of Joseph F. Pierce, Jr. and Cindy Pierce, recorded July 26, 1983, in Deed Book 85, Page 215, in Fannin County Records. Subject to riparian rights of others, if any, in and to water located on adjacent to the above-described property. Subject to all easements, restrictions, and rights-of way as shown on plat recorded in Plat Book 23, Page 50 and in Plat Book 12, Page 154, in Fannin County Records. Subject to right-of-way deed for rural post road recorded in Deed Book 39, Page 762, in Fannin County Records. Subject to electric line right-of-way easement to Tri-State Electric Membership Corporation recorded in Deed Book 67, Page 421, and in Deed Book 77, Page 570, in Fannin County Records. Subject to exception of all mineral and mining privileges as shown in Warranty Deed recorded in Deed Book 19, Page 125, in Fannin County Records. Subject to driveway easement for ingress and egress as shown in Warranty Deed recorded in Deed Book 92, Pages 517-18, in Fannin county Records. Subject to encroachment of driveway shown on plat recorded in Plat Book 23, Page 50, in Fannin County Records. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, 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, as provided in the Security Deed and by law, including attorney?s fees (notice of intent to collect attorney?s fees having been given). Said property is commonly known as 4805 Old Hwy 76, , Blue Ridge, GA 30513 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Joseph F. Pierce, Jr. and Cindy Pierce or tenant or tenants. Branch Banking and Trust Company is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. Branch Banking and Trust Company Mortgage Loan Servicing P.O. Box 2467 Greenville, SC 29602-2467 1-800-827-3722 Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. 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. Pursuant to O.C.G.A. Section 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. Branch Banking and Trust Company as agent and Attorney in Fact for Cindy Pierce and Joseph F. Pierce, Jr. Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637. 1207-876A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1207-876A April 5-26 #330924
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