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gpn11 CN6166 NOTICE OF SALE UNDER POWER GEORGIA, CATOOSA 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 Security Deed given by RANDALL CRAIG DRIVER, a resident of the State of Georgia (the "Borrower"), to FSGBANK, N.A., a national banking association (the "Lender"), dated June 12, 2007, and recorded on June 13, 2007, in Deed Book 1375, Page 671 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia (the "Catoosa County Clerk") , as modified by Modification of Deed to Secure Debt recorded on January 22, 2008 in Deed Book 1416, Page 520, as further modified by Modification of Deed to Secure Debt recorded on June 19, 2008 on Deed Book 1441, Page 683, and further modified by Modification of Deed to Secure Debt recorded on July 17, 2009 in Deed Book 1493, Page 482, as further modified by Modification of Deed to Secure Debt recorded on December 7, 2009, in Deed Book 1510, Page 713, with the Catoosa County Clerk ( collectively, as modified and amended, the "Security Deed"), conveying the property therein described to secure, among other indebtedness, a Promissory Note dated June 12, 2007, in the original principal amount of Four Hundred Fifteen Thousand Eight Hundred and 00/100 Dollars ($415,800.00), executed by Borrower to Lender, (as extended and amended, the "Note"), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Catoosa County, Georgia, within the legal hours of sale on the first Tuesday in July, 2015, the following described property known as Tax Map Number 00450-074 in Catoosa County, Georgia. All that tract or parcel of land lying and being in Original Land Lot Nos. 102 and 103 in the 27th District and 3rd Section of Catoosa County, Georgia and being more particularly described as follows: Beginning at a metal fence post located at the northeast corner of Land Lot No. 102, same being the common corners of Land Lot Nos. 102, 103, 78 and 79; thence south 89 degrees 06 minutes 23 seconds east with and along the north original line of Land Lot No. 102 a distance of 238.51 feet to a point located in the centerline of a branch; thence with and along the center line of said branch the following courses and distances; south 42 degrees 34 minutes 01 second east, 159.72 feet; south 28 degrees 48 minutes 30 seconds east, 132.53 feet; south 55 degrees 00 minutes 34 seconds east, 65.41 feet; south 27 degrees 48 minutes 17 seconds east, 101.71 feet; south 48 degrees 08 minutes 04 seconds east, 106.45 feet; south 56 degrees 12 minutes 29 seconds east, 78.60 feet; south 09 degrees 20 minutes 18 seconds east, 122.37 feet; south 08 degrees 06 minutes 20 seconds east, 106.93 feet; and south 44 degrees 12 minutes 28 seconds east, 125.81 feet to a one half inch pipe; thence south 26 degrees 32 minutes 28 seconds east a distance of 96.74 feet to a 1/2 inch pipe; thence south 05 degrees 44 minutes 01 second west a distance of 743.45 feet to an iron pin; thence south 78 degrees 30 minutes 09 seconds east a distance of 570.96 feet to an iron pin; thence south 09 degrees 52 minutes 43 seconds west a distance of 551.03 feet to an iron pin; thence south 71 degrees 02 minutes 43 seconds east a distance of 126.55 feet to a pipe located in the west right of way line of Georgia Highway No. 151; thence south 28 degrees 22 minutes 16 seconds west with and along the west right of way line of Georgia Highway No. 151 a distance of 50.68 feet to a point; thence south 28 degrees 22 minutes 16 seconds west continuing along the west right of way line of Georgia Highway No. 151 a distance of 315.42 feet to a point located at the intersection of the north right of way line of Lane Road (a public road with a 50 foot right of way) and the west right of way line of Georgia Highway No. 151; thence with and along the north right of way line of Lane Road the following courses and distances: north 89 degrees 33 minutes 27 seconds west, 256.13 feet; north 85 degrees 42 minutes 26 seconds west, 451.87 feet; north 86 degrees 26 minutes 01 second west, 124.09 feet; north 88 degrees 45 minutes 03 seconds west, 84.66 feet; north 89 degrees 59 minutes 38 seconds west, 88.72 feet; and south 89 degrees 01 minute 21 seconds west, 176.18 feet to an iron pin; thence north 01 degree 05 minutes 37 seconds east a distance of 1661.63 feet to an iron pin; thence south 88 degrees 27 minutes 04 seconds west a distance of 1726.11 feet to a 1/2 inch pipe; thence south 89 degrees 05 minutes 47 seconds west a distance of 380.14 feet to a one inch pipe; thence north 09 degrees 53 minutes 32 seconds east a distance of 1024.69 feet to an angle iron located in the north original line of Land Lot No. 103; thence south 89 degrees 27 minutes 38 seconds east with and along the north original line of said Land Lot a distance of 1919.55 feet to the point of beginning. The above described property is designated as Tract Nos. 1, 2, 3, 4, 5, 6, and 7 on a survey for the Mary Ray Lane Estate prepared by Max Randall Compton, Georgia Registered Surveyor, dated November 21, 2006 which said plat is by reference incorporated herein. SUBJECT TO: (a) Notice of Federal Tax Lien in favor of the Department of the Treasury Internal Revenue Service against Driver Properties LLC, Randall Craig Driver, Sole Member filed January 31, 2011, In Lien Record Book 59, Page 100, with the Catoosa County Clerk; (b) Notice of Federal Tax Lien in favor of the Department of the Treasury Internal Revenue Service against Driver Properties LLC, Randall Craig Driver, Sole Member filed June 27, 2011, In Lien Record Book 62, Page 597, with the Catoosa County Clerk; (c) property fi.fa. issued by the Catoosa County Tax Commissioner against Borrower recorded in Lien Book 33, Page 503; and (d) 40 foot front, 10 foot side (20 feet both left and right) and 25 foot rear building setback lines, no-on street parking and 10 foot drainage and utility easement along all side and rear lot lines all as noted on the survey of Max Randall Compton dated November 21, 2006. Catoosa County taxes for 2014 are a lien and now due and payable in the amount of $4,402.55. Parcel No. 00450-074. The debt secured by the 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 the 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 will be sold subject to any outstanding ad valorem taxes (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, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Said property also sold subject to the rights of tenant(s) in possession, if any, and all parties claiming by, through or under said tenant(s). 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. To the best knowledge and belief of the undersigned, the parties in possession of the property are RANDALL CRAIG DRIVER or other tenant or tenant(s). FSGBANK, N.A. as Attorney in Fact for RANDALL CRAIG DRIVER. Contact: Chambliss, Bahner & Stophel, P.C., ATTN: Rachel E. Edwards 605 Chestnut Street, Suite 1700, Liberty Tower, Chattanooga, Tennessee 37450 (423) 757-0215. 6-10,17,24:7-1
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