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STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale contained in a Security Deed from REBECCA LANDAU to Gilmer County Bank (a division of Appalachian Community Bank), dated April 25, 2005, recorded April 29, 2005, in Deed Book 1141, Page 297, Gilmer County, Georgia records, transferred to Community & Southern Bank pursuant to that certain Purchase and Assumption Agreement dated as of March 19, 2010, by and among Community & Southern Bank, The Federal Deposit Insurance Corporation, Receiver of Appalachian Community Bank and The Federal Deposit Insurance Corporation, and as assigned to COMMUNITY & SOUTHERN BANK by Assignment recorded in Deed Book 1615, Page 301, Gilmer County Records, with an Amendment and Clarification recorded in Deed Book 1624, Page 122, Gilmer County, Georgia records, as modified by Modification Agreements recorded in Deed Book 1712, Page 29; Deed Book 1716, Page 46 and Deed Book 1804, Page 116, Gilmer County, Georgia records, said Security Deed being given to secure a Note from REBECCA LANDAU dated April 24, 2008 in the original principal amount of Seven Hundred Fifty Thousand and 00/100 ($750,000.00) Dollars, as modified, with interest from date at a rate per cent per annum 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 Gilmer County, Georgia, within the legal hours of sale on the first Tuesday in July, 2015, the following described property:
All that tract or parcel of land lying and being in Land Lots 2 & 35, 5th District, 2nd Section of Gilmer County, consisting of 198.5 acres as shown on Plat of Survey for Dr. Charles R. Andrews, Jr. Said plat, dated March 1977, by J. H. Rea, Georgia Registered Land Surveyor No. 1955, is recorded in Plat Book 7, Page 18, Gilmer County Records, with reference made thereto for the purposes of incorporating the same.
LESS AND EXCEPT THE FOLLOWING:
(1) All that tract or parcel of land lying and being in Land Lot 35, 5th District, 2nd Section of Gilmer County consisting of 10.2 +/- acres as shown on Plat of Survey for L.C. O'Donnell. Said plat, dated March 1977, revised March 31, 1988, by J. H. Rea, Georgia Registered Land Surveyor No. 1955, is recorded in Plat Book 16, Page 190, Gilmer County Records, with reference made thereto for the purposes of incorporating the same.
(2) All that tract or parcel of land lying and being in Land Lot 35, 5th District, 2nd Section of Gilmer County consisting of 4.4 +/- acres as shown on Plat of Survey for L.C. O'Donnell. Said plat, dated March 22, 1988, by J. H. Rea, Georgia Registered Land Surveyor No. 1955, is recorded in Plat Book 16, Page 191, Gilmer County Records, with reference made thereto for the purposes of incorporating the same.
(3) All that tract or parcel of land lying and being in Land Lot 35, 5th District, 2nd Section of Gilmer County consisting of 4.13 acres as shown on Plat of Survey for Andrew Patterson. Said plat, dated March 30, 1988, by Lane S. Bishop, Georgia Registered Land Surveyor No. 1575, is recorded in Plat Book 17, Page 191, Gilmer County Records, with reference made thereto for the purposes of incorporating the same.
(4) All that tract or parcel of land lying and being in Land Lot 35, 5th District, 2nd Section of Gilmer County consisting of 3.08 acres as shown on Plat of Survey for L.C. O'Donnell. Said plat, dated July 17, 1989, by J. H. Rea, Georgia Registered Land Surveyor No. 1955, is recorded in Plat Book 18, Page 133, Gilmer County Records, with reference made thereto for the purposes of incorporating the same.
The above described property is a portion of the same property which was conveyed to Rebecca Landau in the following Warranty Deeds:
(1) Warranty Deed dated October 3, 1985 from Richard W. Landau a/k/a Richard Landau as recorded in Deed Book 210, Page 505, Gilmer County Records.
(2) Warranty Deed dated November 29, 1995 from Leonard C. O'Donnell as recorded in Deed Book 475, Page 223, Gilmer 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 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, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is REBECCA LANDAU or a tenant or tenants.
COMMUNITY & SOUTHERN BANK,
as attorney in Fact for REBECCA LANDAU
L. Lou Allen
Stites & Harbison, PLLC
520 West Main Street
Blue Ridge, Georgia 30513
(706) 632-7923
File No. CO608-00538"
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