NOTICE OF SALE UNDER POWER GEORGIA, WHITFIELD COUNTY By virtue of a Power of Sale contained in that certain Security Deed from FamGablam, LLC to American First Federal, Inc., dated September 17, 2012, recorded September 20, 2012, in Deed Book 5786, Page 92-116, Whitfield County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Five Hundred Sixty-Five Thousand and 00/100 dollars ($565,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to American First Federal, Inc. , there will be sold at public outcry to the highest bidder for cash at the Whitfield County Courthouse, within the legal hours of sale on the first Tuesday in April, 2017, all property described in said Security Deed including but not limited to the following described property: TRACT I: A CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NO. 241 OF THE 12TH DISTRICT AND 3RD SECTION OF WHITFIELD COUNTY, GEORGIA, BEING MORE PARTICULARLY DESCRIBED IN A PLAT BY E. MARTIN SMITH, GEORGIA REGISTERED LAND SURVEYOR, DATED OCTOBER 27, 1992, AND AMENDED NOVEMBER 13, 1992, AS FOLLOWS: BEGINNING AT AN IRON PIN SET ON THE EAST RIGHT OF WAY OF SHERIDAN AVENUE 147.12 FEET SOUTH, AS MEASURED ALONG THE EAST RIGHT OF WAY OF SHERIDAN AVENUE, FROM THE SOUTHEAST INTERSECTION OF SAID SHERIDAN AVENUE WITH THE OLD DALTON-CHATSWORTH HIGHWAY, THENCE SOUTH 88 DEGREES 51 MINUTES 30 SECONDS EAST 198.48 FEET TO AN IRON PIN; THENCE SOUTH 00 DEGREES 44 MINUTES 44 SECONDS WEST 219.47 FEET TO AN IRON PIN FOUND; THENCE NORTH 88 DEGREES 51 MINUTES 30 SECONDS WEST 198.48 FEET TO AN IRON PIN SET ON THE EAST RIGHT OF WAY OF SHERIDAN AVENUE: THENCE NORTH 00 DEGREES 44 MINUTES 44 SECONDS EAST ALONG THE EAST RIGHT OF WAY OF SHERIDAN AVENUE 219.47 FEET TO AN IRON PIN AND THE POINT OF BEGINNING. ALSO CONVEYED HEREIN IS AN EASEMENT FOR INGRESS AND EGRESS ACROSS A 20 FEET IN WIDTH EASEMENT AREA LEADING FROM THE SOUTH RIGHT OF WAY OF THE OLD DALTON-CHATSWORTH HIGHWAY TO THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PROPERTY, SAID 20 FEET IN WIDTH EASEMENT BEING DESCRIBED AS FOLLOWS, TO WIT: A CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 241 OF THE 12TH DISTRICT AND 3RD SECTION OF WHITFIELD COUNTY, GEORGIA, BEING A 20 FEET IN WIDTH EASEMENT AREA SHOWN ON A PLAT OF SURVEY BY E. MARTIN SMITH, GEORGIA REGISTERED SURVEYOR NO. 923, DATED OCTOBER 27, 1992, AMENDED NOVEMBER 13, 1992, BEING MORE PARTICULARLY DESCRIBED THEREIN AS FOLLOWS: TO FIND THE TRUE POINT OF BEGINNING OF SAID EASEMENT AREA BEGIN AT THE SOUTHEAST INTERSECTION OF SHERIDAN AVENUE WITH THE OLD DALTON-CHATSWORTH HIGHWAY, THENCE PROCEED SOUTH ALONG THE EAST RIGHT OF WAY OF SAID SHERIDAN AVENUE 147.12 FEET TO AN IRON PIN SET; THENCE SOUTH 88 DEGREES 51 MINUTES 30 SECONDS EAST A DISTANCE OF 178.48 FEET TO THE TRUE POINT OF BEGINNING OF THE EASEMENT HEREIN CONVEYED; THENCE NORTH 00 DEGREES 44 MINUTES 44 SECONDS EAST 140.94 FEET TO THE SOUTH RIGHT OF WAY OF THE OLD DALTON-CHATSWORTH HIGHWAY; THENCE SOUTH 87 DEGREES 07 MINUTES 29 SECONDS EAST ALONG THE SOUTH RIGHT OF WAY OF THE OLD DALTON-CHATSWORTH HIGHWAY 20.01 FEET TO THE EAST LINE OF THE PROPERTY BELONGING TO GARY TEEM AND APRIL TEEM AS SHOWN BY DEED OF RECORD IN DEED BOOK 1028, PAGE 125, WHITFIELD COUNTY, GEORGIA LAND RECORDS; THENCE SOUTH 00 DEGREES 44 MINUTES 44 SECONDS WEST ALONG THE EAST LINE OF SAID TEEM PROPERTY A DISTANCE OF 140.89 FEET TO AN IRON PIN SET; THENCE NORTH 88 DEGREES 51 MINUTES 30 SECONDS WEST ALONG THE TRACT OF LAND HEREINABOVE CONVEYED IN FEE SIMPLE A DISTANCE OF 20 FEET TO THE TRUE POINT OF BEGINNING OF THE EASEMENT HEREIN CONVEYED. THE PURPOSE OF THIS EASEMENT IS TO PROVIDE INGRESS AND EGRESS BETWEEN OLD DALTON-CHATSWORTH HIGHWAY AND THE PROPERTY HEREINABOVE CONVEYED FOR THE PURPOSE OF ACCESS BETWEEN SAID AREAS. TRACT II: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NO. 241 IN THE 12TH DISTRICT AND 3RD SECTION OF WHITFIELD COUNTY, GEORGIA, AND BEING TRACT II AS SHOWN ON PLAT OF SURVEY PREPARED BY E. MARTIN SMITH, REGISTERED SURVEYOR, LABELED "M.A. ALBERTSON ESTATE", DATED AUGUST 15, 1978, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST SIDE OF THE RIGHT OF WAY OF SHERIDAN AVENUE, SAID POINT BEING LOCATED 366.60 FEET SOUTH OF THE SOUTH SIDE OF THE RIGHT OF WAY OF U. S. HIGHWAY 76, AS MEASURED ALONG THE EAST RIGHT OF WAY OF SHERIDAN AVENUE; THENCE SOUTH 88 DEGREES 51 MINUTES 30 SECONDS EAST 198.48 FEET; THENCE NORTH 00 DEGREES 44 MINUTES 44 SECONDS EAST 160.36 FEET TO AN IRON PIN; THENCE SOUTH 87 DEGREES 7 MINUTES 29 SECONDS EAST 210 FEET TO AN IRON PIN; THENCE SOUTH 00 DEGREES 44 MINUTES WEST 472.46 FEET TO A CORNER POST; THENCE NORTH 89 DEGREES 16 MINUTES 1 SECOND WEST 210 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREES 44 MINUTES 44 SECONDS EAST 299.95 FEET; THENCE NORTH 88 DEGREES 51 MINUTES 30 SECONDS WEST 198.48 FEET TO THE EAST SIDE OF SHERIDAN AVENUE; THENCE NORTH 00 DEGREES 44 MINUTES 44 SECONDS EAST, FOLLOWING SAID RIGHT OF WAY, 20 FEET TO THE POINT OF BEGINNING. Said legal description being controlling, however the property is more commonly known as 407 Sheridan Ave., Dalton, GA 30721. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold on an as-is basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: 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; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is FamGablam, LLC, or tenants(s). 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 the Security Deed. Please note that, pursuant to O.C.G.A. § 44-14-162.2, you are not entitled by law to an amendment or modification of the terms of your loan. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: First Commerce, LLC, Loss Mitigation Dept., 155 "B" Ave., Suite 300, Lake Oswego, OR 97034, Telephone Number: 503-699-8800. AMERICAN FIRST FEDERAL, INC. as Attorney in Fact for FAMGABLAM, LLC THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lublin, LLC, 3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071 Telephone Number: (877) 813-0992 Case No. FCO-16-08354-1 Ad Run Dates 03/10/2017, 03/17/2017, 03/24/2017, 03/31/2017 www.rubinlublin.com/property-listings.php
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