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About Harris County journal. (Hamilton, Harris County, Ga.) 1920-current | View Entire Issue (Dec. 31, 2015)
Harris County Journal - Thursday, December 31, 2015 Page 5-B firmation and audit of the status of the loan with the secured creditor. The property is or may be in the pos session of Sarah L. Harris, a/k/a Sarah Lange Harris and Eric B. Harris, successor in interest or ten- >nt(s). Oitech Financial LLC FKA Green Tree Servicing LLC as Attomey-in- Fact for Sarah L. Harris and Eric B. Harris File no. 12-034662 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941 (770) 220-2535/SJ shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PURPOSE. (12: 10,17,24,31) 393 HARRIS COUNTY, STATE OF GEORGIA. NOTICE OF SALE UNDER POWER Under and by virtue of the power of sale contained in the Security Deed from Benjamin C. Baxter to Frank A. Rodriguez, Sr. and Bridget W. Rodriguez, dated April 26, 2011, as recorded in Deed Book 1185, Page 360 et seq., as assigned to Bridget W. Rodriguez by Transfer and Assignment dated October 1, 2014, as recorded in Deed Book 1366, Page 340, all of the Harris County, Georgia Deed Records, the under- signed will sell, at public outcry, dur ing the legal hours of sale, before the door of the courthouse in Harris County, Georgia on the first Tuesday in January, 2016, to the highest bidder for cash, the follow ing described property: All that tract or parcel of land lying and being in Land Lots 25, 26 & 59, 19th District, Harris County, Georgia, and being Condominium Unit 39, The Backwaters, A Condominium, as more particu larly described in that certain Declaration of Condominium of The Backwaters, A Condominium, dated October 31, 1986, as record ed in Deed Book 150, Page 517, in the Office of the Clerk of Superior Court of Harris County, Georgia, (the Declaration) as amended by that certain First Amendment to said Declaration dated October 8, 1987, as record ed in Deed Book 164, Page 398, aforesaid Clerk’s Office, as the same may be further amended as provided therein. Together with that certain Boat Slip No. D-12 identified in the Declaration, which is hereby declared to be a Limited Common Element with regard to the above described Unit. This conveyance is made subject to the terms and provisions of the Georgia Condominium Act, the Declaration, as amended, and the Plans and Surveys referenced therein and the Articles of Incorporation and the Bylaws of The Backwaters Condominium Association, Inc., as such statute and documents may now or here after be amended, and any and all sewer, water, electric, gas, tele phone and other utility ease ments, if any, now or hereafter recorded, including the right to erect, maintain, install and use electrical and telephone poles, wires, cables, conduits, sewers, water mains, and other similar equipment for the conveyance and use of electricity, telephone equipment, television signals, gas, sewer, water, or other public conveniences or utilities, and other easements and restrictions of record, all of which are made covenants running with the real property herein conveyed and, by acceptance of this Deed, Grantee assents and agrees to be bound by all agreements, restrictions, reservations, conditions, limita tions, options, easements, assessments, and obligations provided therein. This conveyance is also made subject to any and all zoning ordi- iiances, variances and regula tions pertaining to or affecting said Condominium Unit or its undivided interest in said com mon elements and to the follow ing: The Trust Deed from Advanced Properties, Inc. to the Columbus Bank and Trust Company, dated October 31, 1986 and the lease between Advanced Properties, Inc. and The Backwaters Condominium Association, Inc. dated October 31, 1986 as the same relate to the sewage treatment plant. Exception is made to the Title to that portion of the property con tained in a lease agreement between Georgia Power Company and Advanced Properties, Inc., dated September 25, 1985. Said property is further identified as Tax Parcel No. 017B031 A039, and as 333 Eastside Drive, Condo No. 39, Forston, GA31808, accord ing to the present system of num bering properties in Harris County, Georgia. The debt secured by said Security Deed is evidenced by a note dated April 26, 2011, in the original princi pal amount of One Hundred Ninety- Eight Thousand Five Hundred and No/100 Dollars ($198,500.00), together with interest thereon. The debt secured by said Security Deed and evidenced by said note, has been and is hereby declared due and payable because of Grantor’s non-payment and failure to comply with certain terms and conditions in said Security Deed. The debt remain ing in default, this sale will be made for the purpose of paying said indebt edness, including all accrued and unpaid interest thereon, attorney’s fees, and all expenses of sale. Notice has been given of intention to enforce the provisions for collection of attor ney’s fees and foreclosure costs, in accordance with legal requirements and the terms of the promissory note and Security Deed. Said property will be sold subject to any and all unpaid taxes, assess ments, restrictions, and covenants, if any, and any easements of record, if any, and further subject to the out standing balances to all liens supe rior to the security deed first set out above, if any. Bridget W. Rodriguez, as attorney in fact for Benjamin C. Baxter Jason A. Kim Attorney at Law 311 Green Street, Suite 409 Gainesville, GA 30501 (12: 10,17,24,31) 394 Notice of Sale Under Power State of Georgia, County of HARRIS Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CHRISTOPHER LAWTON MCLENDON to WILM INGTON FINANCE, INC. , dated 06/27/2003, and Recorded on 07/09/2003 as Book No. 661 and Page No. 41, HARRIS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIA TION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMER ICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE, FOR RESI DENTIAL ASSET MORTGAGE PRODUCTS, INC., MORTGAGE ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2007 RP1 (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $178,110.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the HAR RIS County Courthouse within the legal hours of sale on the first Tuesday in January, 2016, the fol lowing described property: ALL THAT LOT, TRACT AND PAR CEL OF LAND SITUATE, LYING AND BEING IN HARRIS COUNTY, GEORGIA, BEING KNOWN AND DESIGNATED AS ALL OF LOT NUMBERED TWENTY FIVE (25), HOLLY RIDGE SUBDIVISION, AS SAID LOT IS SHOWN UPON A MAP OR PLAT OF SAID SUBDIVI SION RECORDED IN PLAT BOOK 20, PAGE 19, IN THE OFFICE OF THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF HAR RIS COUNTY, GEORGIA TO WHICH REFERENCE IS MADE FOR A MORE SPECIFIC LOCA TION AND DIMENSIONS OF SAID LOT. The debt secured by said Deed to Secure Debt has been and is here by declared due because of, among other possible events of default, fail ure to pay the indebtedness as and when due and in the manner provid ed in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). U.S. BANK NATIONAL ASSOCIA TION,AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMER ICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE, FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., MORTGAGE ASSET BACKED PASS THROUGH CER TIFICATES, SERIES 2007 RP1 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. BANK OF AMERICA, N.A., AS SUC CESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, act ing on behalf of and, as necessary, in consultation with U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERI CA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE, FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., MORTGAGE ASSET BACKED PASS THROUGH CER TIFICATES, SERIES 2007 RP1 (the current investor on the loan), is the entity with the full authority to nego tiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. § 44 14 162.2, BANK OF AMERICA, N.A., AS SUC CESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP may be contacted at: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, 7105 CORPORATE DRIVE, PLANO, TX 75024, 800 669 6650. Please note that, pursuant to O.C.G.A. § 44 14 162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 41 RIDGEWAY DRIVE, CATAULA, GEORGIA 31804 is/are: CHRISTOPHER LAWTON MCLENDON or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final con firmation and audit of the status of the loan with the holder of the secu rity deed. Pursuant to O.C.G.A. Section 9 13 172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other fore closure documents may not be pro vided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. U.S. BANK NATIONAL ASSOCIA TION, AS TRUSTEE, SUCCES SOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIA TION, AS TRUSTEE, SUCCES SOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE, FOR RESIDENTIAL ASSET MORT GAGE PRODUCTS, INC., MORT GAGE ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2007 RP1 as Attorney in Fact for CHRISTOPHER LAWTON MCLENDON. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECTADEBT. ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005666946 BARRETT DAF- FIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341 5398. (12: 10,17,24,31) 396 NOTICE OF POWER OF SALE CONTAINED IN SECURITY DEED STATE OF GEORGIA COUNTY OF HARRIS Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from PARRISH CON STRUCTION CO., INC. (hereinafter referred to as “Grantor”) to F&M BANK AND TRUST COMPANY, dated March 6, 2015, and recorded in Deed Book 1385, Page 337, Harris County, Georgia records, (here inafter referred to as the “Security Deed”), F&M Bank and Trust Company, the present holder of the Promissory Note and Security Deed defined herein, (hereinafter referred to as the “Secured Creditor") as attor ney in fact for Grantor, will sell at pub lic outcry to the highest and best bid der for cash between the legal hours of sale before the courthouse door of Harris County, Georgia on the first Tuesday in January, 2016, (January 5, 2016), the following described property (the “Property”), to-wit: All that lot, tract or parcel of land lying and being in Harris County, Georgia being known as all of Lot 15, Block M, Coca Lake, Section Ten, as said lot is shown on a plat recorded in Plat Book 29, Pages 243, 244 and 245 in the office of the Clerk of the Superior Court of Harris County, Georgia. Subject to all applicable easements and right-of-ways of record. Said property has a current street address on 42 Hackberry Lane, Cataula, Georgia. Said Security Deed secures that cer tain promissory note dated March 6, 2015, made by Parrish Construction Co., Inc. in favor of F&M Bank and Trust Company in the original prin cipal amount of Three Hundred Twenty Thousand and 00/100 ($320,000.00) (hereinafter referred to as the “Promissory Note”) with interest thereon, together with any and all other indebtedness owed by Grantor to Secured Creditor. The indebtedness arising from the Promissory Note has been and is hereby declared due because of default under the terms of the Promissory Note. 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 Promissory Note and Security Deed, including attorney fees as provided in the Promissory Note and Security Deed, notice of intention to collect attorney fees having been given as provided by law; and the remainder, if any, shall be applied as provided by law. The following information is being provided in accordance with OCGA §44-14-162.2. F&M Bank and Trust Company, is the Secured Creditor under the Security Deed and loan being foreclosed. The following enti ty shall have full authority to negoti ate, amend, and modify all terms of the above-described Security Deed and associated note on behalf of the Secured Creditor: F&M Bank and Trust Company, 142 W. Main Street, Manchester, GA 31816; Telephone No.: (706) 846-8415, Attn: Foreclosures. OCGA § 44-14- 162.2 states in pertinent part that, “nothing in this subsection shall be construed to require a secured cred itor to negotiate, amend, or modify the terms of a mortgage instrument.” The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, and (2) to final confirmation and audit of the status of the loan with the holder of said Security Deed. Said property will be sold subject to all liens, encumbrances, unpaid real estate ad valorem taxes and gov ernmental assessments and to all prior restrictions, rights of-way, and easements of record, if any, appear ing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to by the Secured Creditor. To the best knowledge and belief of Secured Creditor, the equitable title to the Property is vested in Grantor. F&M BANK AND TRUST COM PANY, ATTORNEY IN FACT FOR PAR RISH CONSTRUCTION CO., INC. Attorney for Attomey-in-Fact Stephen G. Gunby Page, Scrantom, Sprouse, Tucker & Ford, P.C. 1111 Bay Avenue, 3rd Floor Post Office Box 1199 Columbus, Georgia 31902 (706) 324-0251 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE (12: 10,17,24,31) 397 STATE OF GEORGIA COUNTY OF HARRIS NOTICE OF SALE UNDER POWER Because of a default under the terms of the Security Deed executed by Kenneth H. Bush as Conservator of the Person and Estate of Kenneth N. Bush, Conservatee and Eleanor R. Bush to Wells Fargo Bank, N.A. dated May 23, 2009, and recorded in Deed Book 1089, Page 142, Harris County Records, securing a Note in the original principal amount of $277,500.00, the holder thereof pur suant to said Deed and Note there by secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, January 5, 2016, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the prop erty described in said Deed, to-wit: All that tract or parcel of land lying and being in Land Lot 154, 19th District, Harris County, Georgia, being Lot 6, Block B, Whispering Pines Subdivision, as per plat recorded in Plat Book 19, Pages 206-208, Harris County, Georgia records, which recorded plat is incorporated herein by this refer ence and made a part of this description. Subject to any Easements and Restrictions of record. The above described property being the same property intended to be conveyed by that certain Warranty Deed dated December 10,1999, and recorded in Deed Book 444, Page 250, Harris County Georgia records. Said property is known as 370 Evergreen Drive, Fortson, GA 31808, together with all fixtures and personal property attached to and constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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. The proceeds of said sale will be applied to the payment of said indebt edness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final con firmation and audit of the status of the loan with the secured creditor. The property is or may be in the pos session of Eleanor R. Bush, Kenneth N. Bush, The Representative of the Estate of Eleanor R. Bush, The Representative of the Estate of Kenneth N. Bush, and Kenneth H. Bush , Conservator of Kenneth N. Bush, successor in interest or ten- ant(s). Wells Fargo Bank, N.A. as Attomey-in-Fact for Kenneth H. Bush as Conservator of the Person and Estate of Kenneth N. Bush, Conservatee and Eleanor R. Bush File no. 15-055577 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941 (770) 220-2535/HG shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PURPOSE. (12: 10,17,24,31) 398 NOTICE OF SALE UNDER POWER, HARRIS COUNTY Pursuant to the Power of Sale con tained in a Security Deed given by Angela Hollis to Mortgage Electronic Registration Systems, Inc. as nominee for BNC Mortgage, Inc. dated 8/25/2006 and recorded in Deed Book 916 Page 257, Harris County, Georgia records; as last transferred to or acquired by U.S. Bank National Association, as Trustee for BNC Mortgage Loan Trust 2006-2, Mortgage Pass- Through Certificates, Series 2006- 2, conveying the after-described property to secure a Note in the orig inal principal amount of $ 70,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Harris County, Georgia, within the legal hours of sale on January 05, 2016 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property: The following tract of land lying and being in the County of Harris, State of Georgia, near the town of Waverly Hall, Georgia. (This is a portion of the land sold by B.C. Ingram to Mandy Middlebrooks in deed dated October 11, 1949 and later sold by Mandy Middlebrooks to Janie B. Huff in deed dated March 1, 1958 and recorded in Deed Book 30, Folio 518 in the records of the Clerk of the Superior Court of Harris County, Georgia.) Beginning at an iron pin on Pinewoods Road at the Southeast corner of lands of Malissie Williams and running thence along Malissie Williams’ land line in a northerly direction to where Malissie Williams’ land corners on land lot line, thence southeasterly along said land lot line a distance of 136 feet, more or less, to an iron pin; thence west erly along a straight line to Pinewoods Road to an iron pin a distance of 136 feet, more or less, to Point of Beginning. This tract contains one acre, more or less, being the identical land conveyed to J.E. Hollis by Janie B. Huff by a deed dated August 25, 1959, and recorded in Deed Book 30, Page 545 of the Deed Records of Harris County, Georgia. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, fail ure to pay the indebtedness as and when due and in the manner provid ed 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 is commonly known as 15 Hollis Cir, Waverly Hall, GA 31831 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the sub ject property is (are): Angela Hollis or tenant or tenants. Wells Fargo Bank, NA is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. Wells Fargo Bank, NA Loss Mitigation 3476 Stateview Boulevard Fort Mill, SC 29715 1-800-662-5014 Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accu rate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordi nances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final con firmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure docu ments may not be provided until final confirmation and audit of the status of the loan as provided immediately above. U.S. Bank National Association, as Trustee for BNC Mortgage Loan Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2 as agent and Attorney in Fact for Angela Hollis Aldridge Pite, LLP (formerly known as Aldridge Connors, LLP), 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400. 1000-667509392A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000- 667509392A (12: 10,17,24,31) 399 NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA COUNTY OF HARRIS Under and by virtue of the power of sale contained in that certain Security Deed from Jim McClung (“Borrower”) to First Georgia Banking Company dated November 7, 2007 and recorded in Deed Book 1003, page 242, in the offices of the Clerk of the Superior Court of Harris County, Georgia, as subsequently assigned to CertusBank, N.A. by that certain Assignment of Loan Documents dated May 20, 2011 and recorded in Deed Book 1326, page 71, afore said records, and as further assigned to RREFII CER CO ACQUISITIONS, LLC by that certain Assignment of Loan Documents to be recorded in the aforesaid records (as modified and/or amended from time to time, collecthzely, the “Security Deed”), the undersigned will sell at public outcry before the door of the Courthouse of Harris County, Georgia during the legal hours of sale on the first Tuesday in January 2016 to the highest and best bidder for cash the following described property (collec tively, the “Premises”), to wit: All that lot, tract and parcel of land situate, lying and being In Part of Land Lots 46 and 47 of the 19th Land District of Harris County, Georgia, containing 60.355 acres of land (more or less) as shown upon a map or plat dated May 12, 1993, prepared by Hobbs Smith & Associates, Inc. and appearing of record in Plat Book 18, Page 253, in the Office of the Clerk of the Superior Court of Harris County, Georgia, to which refer ence is hereby made for a more complete and accurate descrip tion and location of the aforesaid property conveyed herein. LESS AND EXCEPT that certain 9.254 acres of land (containing a house) as described in a warran ty deed from Jim McClung Builder, Inc. to James McClung and Doris McClung dated March 18, 1994 and recorded on March 25, 1994 In Deed Book 0276, Page 128, in the Office of the Clerk of the Superior Court of Harris County, Georgia. TO HAVE AND TO HOLD all the Premises to the use, benefit and behoof of Lender, its successors and assigns, IN FEE SIMPLE forever. The debt secured by the Security Deed is evidenced by a Promissory Note dated November 7, 2007 from Borrower to First Georgia Banking Company in the original principal amount of $430,950.00 (as modi fied, amended, restated, or replaced from time to time, the “Note”), plus interest from date on the unpaid bal ance until paid, and other indebted ness. Rialto Capital Advisors, LLC is the present owner and holder of the Note by virtue of the assignment referenced above. Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebt edness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the indebtedness evidenced by the Note has been accelerated and the Security Deed has been declared foreclosable according to its terms. 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 attorneys’ fees, notice of intent to col lect attorneys' fees having been given. Said property will be sold sub ject to any outstanding ad valorem taxes and/or assessments (includ ing taxes which are a lien but are not yet due and payable), possible redemptive rights of the Internal Revenue Service, if any, any mat ters which might be disclosed by an accurate survey and inspection of the property, and any assessments, liens, encumbrances, zoning ordi nances, restrictions, covenants, and matters of record superior to the Security Deed. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final audit and confirmation of the status of the loan and collateral with the holder of the Security Deed. To the best of the undersigned’s knowledge and belief, the Premises are presently owned by Jim McClung. To the best of the under signed’s knowledge and belief, the party in possession of the Premises is Jim McClung, and tenants hold ing under Jim McClung. Rialto Capital Advisors, LLC, successor by assignment to CertusBank, N.A., successor by assignment to First Georgia Banking Company Bank, as Attomey-in-Fact for Jim McClung. Michael R. Wing Balch and Bingham, LLP 30 Ivan Allen Jr. Blvd., NW, Suite 700 Atlanta, Georgia 30308-3036 THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (12: 10,17,24,31)
