NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF FANNIN
Under and by virtue of the Power of Sale contained in Security Deed with power of sale given by Roger Adams and Mitzi Adams to Justin Thomas, dated May 5, 2009, and recorded in Deed Book 888, Pages 204-206 in the Office of the Clerk of Superior Court of Fannin County, Georgia Records, as modified (hereinafter "Security Deed"), the undersigned will sell at public outcry to the highest bidder for cash before the courthouse door of Fannin County, Georgia, during the legal hours of sale on the first Tuesday in February 2020, the following described real property:
All that tract or parcel of land lying and being in the 8th District, 1st Section, Fannin County, Georgia and being a part of Land Lot No. 275, and described as the "Out" parcel, being 2.78 acres, more or less, as more particularly described in that certain plat of survey dated May 30, 2001 by Lane S. Bishop and Associates, Lane S. Bishop, GRLS No. 1575, recorded in Plat Hager D-9, Page 2, Fannin County, Georgia Records, to which reference is hereby made for a more complete and accurate legal description.
Map Parcel No. 0006 051E
The debt secured by said Security Deed is evidenced by a promissory note, dated May 5, 2009, from Roger Adams and Mitzi Adams in the original principal amount of $60,000.00 ("Note), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason 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. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The debt remaining in default, the above described real property will be sold to the highest and best bidder for cash and will be made for the purpose of paying the debt and all expenses of this sale, as provided in 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 your property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed.
To best of the knowledge of the undersigned, the party in possession of the property is Roger Adams and Mitzi Adams. This sale will be conducted subject to the confirmation that the sale is not prohibited under U.S. Bankruptcy Code, the final confirmation and audit of the status of the loan with the holder of the security deed.
Justin Thomas as Attorney-in-Fact for Roger Adams and Mitzi Adams
Daniel J. Davenport
Akins & Davenport, P.C.
80 Town Square
P.O. Box 923
Blairsville, Georgia 30514
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.