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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA COUNTY OF FANNIN
Because of a default in the payment of the indebtedness evidenced by the Note (as hereinafter described), secured by a Deed to Secure Debt from James Almon Franks, as Trustee of the James Almon Franks Revocable Trust and James Almon Franks (hereinafter referred to as Grantor) to Peoples Bank of East Tennessee, dated November 24, 2008, filed for record in Deed Book 869, Page 590, in the Office of the Clerk of the Superior Court of Fannin County, Georgia (hereinafter referred to as the Security Deed), the undersigned, Peoples Bank of East Tennessee, pursuant to said Security Deed and that certain Universal Note from James Almon Franks to Peoples Bank of East Tennessee dated November 24, 2008, in the original principal amount of $78,000.00 (hereinafter referred to as the Note) has declared the entire amount of said indebtedness due and payable. Therefore, pursuant to and by virtue of the power of sale contained in the Security Deed, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door on the courthouse steps at Fannin County, Georgia, within the legal hours of sale on the first Tuesday in August, 2015, the following described property:
All that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia, located in Land 106, designated as Subdivision Lot 1, Block A, Stillwood Acres Subdivision, on a Plat and Survey of said subdivision and recorded in Plat Book 4, Page 4, in the Office of the Clerk of Superior Court, Fannin County, Georgia. Said plat is incorporated by reference herein for a complete property description, together with all fixtures and personal property attached to and constituting a part of said property, and replacements and additions.
Being a portion of that property conveyed to Worth A. Franks by Executors Deed dated June 3, 1981, recorded in Deed Book 71, Page 498, in the Office of the Clerk of Superior Court, Fannin County, Georgia.
TOGETHER WITH all of the buildings, building materials, fixtures and improvements on, in and to the property and all easements, rights, rents, royalties, mineral, oil and gas rights, profits and water rights. The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale, and all other payments provided for under the Security Deed, including permitted attorneys fees as provided in the Note and Security Deed, notice of intention to collect attorneys fees and expenses of the foreclosure having been given as provided by law and as provided by the terms of the Security Deed; and the remainder, if any, shall be applied as provided by law. To the best knowledge and belief of the undersigned, James Almon Franks is in possession of said property. Said property will be sold subject to any prior restrictive covenants, easements, rights-of-way, valid zoning ordinances, matters which would be disclosed by an accurate survey of the property or by an inspection of the property, and any liens or encumbrances superior to the Security Deed first set out above, and subject to all outstanding taxes, assessments, and utility bills which may constitute a lien against said property, whether due and payable or not yet due and payable. Peoples Bank of East Tennessee hereby notifies Grantor that Peoples Bank of East Tennessee remains the holder of the security interest set forth in the Security Deed. Grantor may communicate with Peoples Bank of East Tennessee by contacting Mr. Greg Barker, Peoples Bank of East Tennessee, P. O. Box 128, Madisonville, Tennessee 37354, or by telephone at (423) 442-7262. Mr. Barker has full authority to negotiate, amend, and modify all terms of the Security Deed with Grantor.
PEOPLES BANK OF EAST TENNESSEE, as Attorney-in-Fact for JAMES ALMON FRANKS, AS TRUSTEE OF THE JAMES ALMON FRANKS REVOCABLE TRUST and JAMES ALMON FRANKS
By: Thomas E. Austin, Jr., Attorney for Peoples Bank of East Tennessee
Thomas E. Austin, Jr., LLC 3475 Piedmont Road, N.E. Suite 1100 Atlanta, Georgia 30305 (404) 261-7711
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
July 8-29
#177900
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