STATE OF GEORGIA WHITFIELD COUNTY NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Security Deed (the Deed) from David A. Owen (the Debtor) to FSG Bank, N.A. (Original Lender), dated October 22, 2013, filed for record on November 4, 2013, and recorded in Deed Book 05966, Page 0117 in Whitfield County, Georgia Records, together with that certain Modification Agreement - Security Deed (the Deed Modification) dated March 18, 2015, filed for record on April 7, 2015, and recorded in Deed Book 06158, Page 0003 in Whitfield County, Georgia Records, collectively said Deed and Deed Modification having been given to secure the original Note dated October 22, 2013, in the original principal sum of Thirty-Six Thousand Four Hundred Dollars ($36,400.00) and subsequent Note Modification dated March 18, 2015 increasing the principal sum owing to Forty-Two Thousand Fifteen Dollars and 87/100 ($42,015.87), with interest from date at the rate stated in said Note and Note Modification 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 Whitfield County, Georgia, within the legal hours of sale on Tuesday, September 6, 2016, the property described on Exhibit A attached hereto and incorporated herein by reference. The debt secured by said Deed and Deed Modification has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: C. Jason Mathews; FSG Bank, 531 Broad Street, Chattanooga, Tennessee, 37402; (423) 763-9916. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. Said property will be sold subject to all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes (including taxes which are a lien, but not yet due and payable), which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. The sale will be conducted subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, and also subject to the provisions of O.C.G.A. §9-13-172.1 which permits the rescission of judicial and non-judicial sales in the State of Georgia in limited circumstances. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a). To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property are David A. Owen or an unknown tenant or tenants and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. THIS LAWFIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Todd H. Hancock Attorney-in-Fact for FSG Bank, N.A. Prochaska Quinn & Ferraro, P.C. 401 Church Street, Suite 2600 Nashville, Tennessee 37219 EXHIBIT A Tract No. 1: All that tract or parcel of land lying and being in Land Lot No. 243 in the 12th District and 3rd Section of Whitfield County, Georgia, and described as follows: BEGINNING at a point on the south line of said Land Lot No. 243, a distance of 1,556.30 feet west of the southeast corner of said Land Lot No. 243; thence west, along the south line of said Land Lot No. 243, 100.00 feet; thence northwardly 150.00 feet, more or less, to the south side of Jerome Drive; thence east, along the south side of Jerome Drive 100.00 feet; thence south 150.00 feet, more or less, to the point of beginning. Tract No. 2: All that tract or parcel of land lying and being in Land Lot No. 243 in the 12th District and 3rd Section of Whitfield County, Georgia, and described as follows: BEGINNING at an iron pin on the south line of said Land Lot No. 243, a distance of 1,656.30 feet west along the south line of said Land Lot No. 243 from the southeast corner of said Land Lot No. 243; thence south 87 degrees 43 minutes west along the south line of said Land Lot No. 243, 47.32 feet; thence north 01 degrees 00 minutes west 187.18 feet to an iron pin on the south side of Jerome Drive; thence south 86 degrees 42 minutes east, along the south side of Jerome Drive, 57.00 feet to an iron pin; thence south 02 degrees 00 minutes west 182.10 feet to the point of beginning. For prior title, see Deed Book 5915 Page 250, Whitfield County, Georgia Land Records. 02/10 02/17 02/24 03/03
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