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gpn11 CN6073 LEGAL PUBLICATION NOTICE OF SALE UNDER POWER CATOOSA COUNTY, GEORGIA Because of a default in the payment of that certain promissory note dated June 28, 2010 executed by Charles J. Gray and Randall Craig Driver on behalf of JGCD, LLC to Gateway Bank & Trust that is secured by a Security Deed and Assignment of Rents executed by Charles J. Gray and Randall Craig Driver on behalf of JGCD, LLC dated September 18, 2007 and recorded in Deed Book 1395, Page 534 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia, and as subsequently modified by that certain Modification of Security Deed dated September 26, 2008 and recorded in Deed Book 1455, Page 239 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia, and as subsequently modified by that certain Modification of Security Deed dated November 30, 2009 and recorded in Deed Book 1509, Page 784 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia, and as subsequently modified by that certain Modification of Security Deed dated February 24, 2010, and recorded in Deed Book 1518, Page 802 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia, FIRST VOLUNTEER BANK, as successor in interest of Gateway Bank & Trust, pursuant to said security deed, assignment of rents and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said security deed, will on Tuesday, June 2, 2015, between the hours of 10:00 a.m. and 2:00 p.m. at the front door of the Catoosa County Courthouse in Ringgold, Catoosa County, Georgia, sell at public outcry to the highest bidder for cash, the property described in said Security Deed, to-wit: All that tract or parcel of land lying and being in Land Lot 18 in the 9th District nad 4th Section and in Land Lot 1 in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin found at the point of conjunction of the state line between Tennessee and Georgia, the westerly right of way of Interstate Highway 75; run thence along Interstate Highway 75 South 22 degrees 01 minutes 01 seconds East 396.76 feet to an iron pin found; thence leaving Interstate Highway 75, South 88 degrees 29 minutes 31 seconds West 1,675.64 feet to the easterly right of way of Empire Drive (formerly known as Enterprise Drive, and having a 50-foot right of way); run thence along Empire Drive North 01 degree 30 minutes 00 seconds West 356.15 feet to an iron pin set on the southerly right of way of State Line Road (having a 40-foot right of way); run thence along State Line Road North 88 degrees 39 minutes 41 seconds East 1,354.80 feet to an iron pin; run thence North 22 degrees 23 minutes 15 seconds East 21.85 feet to an iron pin found on the state line between Tennessee and Georgia; run thence North 88 degrees 39 minutes 41 seconds East along said state line 172.94 feet to an iron pin on the westerly right of way of Interstate Highway 75 and the point of BEGINNING. All as shown on a survey for Driver Properties, LLC dated August 14, 2006 by Tennessee Valley Surveying and bearing the seal and signature of Ovilee F. Dancy, Jr., Georgia Registered Land Surveyor No. 2551, Job #6698-06. TOGETHER WITH ANY AND ALL of the following: (i) all buildings, structures and improvements now or hereafter located on the real property or on any part or parcel thereof and all fixtures affixed or attached, actually or constructively, thereto; (ii) all and singular the tenements, hereditaments, easements and appurtenances belonging thereunto or in any wise appertaining thereto and the reversion and reversions, remainder or remainders thereof; (iii) a;; Rents accruing therefrom, whether now or hereafter due, (iv) all accounts and contract rights now or hereafter arising in connection with any part or parcel thereof or any buildings, structures or improvements now or hereafter located thereon, including without limitation all accounts and contract rights in and to all leases or undertakings to lease not or hereafter affecting the land or any buildings, structures, or improvements thereon; (v) all minerals, flowers, crops, trees, timber, shrubbery, and other emblements now or hereafter located thereon or thereunder or on or under any part or parcel thereof; (vi)all estates, rights, title, and interest therein, or in any part or parcel thereof; (vii) all equipment, machinery, apparatus, fittings, fixtures, furnishings, mobile homes, modular homes, and all personal property of every kind or description whatsoever now or hereafter located hereon, or in or on the buildings, structures, and improvements thereon, and used in connection with the operation and maintenance thereof, and all additions thereto and replacements thereof; and (viii)all building materials, supplies, goods and equipment delivered thereto and placed thereon for the purpose of being affixed to or installed or incorporated or otherwise used in the buildings, structures or other improvements now or hereafter located thereon or any part or parcel thereof. The Real Property or its address is commonly known as 13.16 ACRES DESCRIBED AS ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 18 IN THE 9TH DISTRICT AND 4TH SECTION AND IN LAND LOT 1 IN THE 28TH DISTRICT AND 3RD SECTION OF CATOSA COUNTY, GEORGIA, RINGGOLD, GA 30736, Map Parcel No. 0010B-018-000. For prior title see deed in Deed Book 1395, Page 531, in the Office of the Clerk of the Superior Court of Catoosa County, Georgia. THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING: Any governmental zoning and subdivision ordinances or regulations in effect thereon. Grant of Easement as set out in Deed Book 1503, Page 564, in the Office of the Clerk of the Superior Court of Catoosa County, Georgia. Said sale will be subject to: (1) any and all unpaid ad valorem and real property taxes (plus penalty and interest, if any) that may be a lien upon said real property; (2) any and all liens, defects, encumbrances, adverse claims, and other matters which take priority over the Security Deed upon which this foreclosure sale is had; (3) any statutory rights of redemption not otherwise waived in the Security Deed, including rights of redemption of any governmental agency, state or federal, which might not have been waived by such governmental agency; (4) all notes, stipulations, restrictions, easements, conditions and regulations as set out on recorded plat; (5) any governmental zoning and subdivision ordinances or regulations in effect thereon; (6) the accuracy of the Index Book of the said Superior Court Clerk's Office; (7) any other matters which an accurate survey of the Real Property might disclose; and (8) all other matters which are prior in right to the lien of the Security Deed. Sale of the Real Property shall be "As Is" and without warranty of any kind, express or implied, as to the condition of such property and the improvements located thereon, including merchantability or fitness for particular purpose. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: First Volunteer Bank, as successor in interest of Gateway Bank & Trust, 728 Broad Street, Chattanooga, TN 37402 (423) 668-4500. The secured creditor is not required by law to negotiate, amend, or modify any of the terms of the mortgage instrument. First Volunteer Bank is also the holder of the above-referenced Promissory Note and Security Deed. Dated this 22nd day of April, 2015. WOODEN LAW FIRM, P.C., 730 Cherry Street, Suite B, Chattanooga, Tennessee 37402 (423) 756-9972. Publication dates: Wednesday, May 6, 2015 Wednesday, May 13, 2015 Wednesday, May 20, 2015 Wednesday, May 27, 2015. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5-6,13,20,27
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