NOTICE OF SALE UNDER POWER CONTAINED IN SECURITY DEED STATE OF GEORGIA, COUNTY OF Whitfield Pursuant to a power of sale contained in a certain security deed executed by Charles Roy Bricen Burke, hereinafter referred to as Grantor, to Paul J. Miller recorded in Deed Book 5439, beginning at page 316, and modified at Deed Book 5859, Page 135, of the deed records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default under the terms of said security deed, and the related note, the undersigned attorney-in-fact for the aforesaid Grantor (which attorney-in-fact is the present holder of said security deed and note secured thereby) will sell at the usual place of conducting Sheriff's sales in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in September 2017, all property described in said security deed including but not limited to the following described property: All that tract or parcel of land lying and being in Land Lot No. 88 in the 12th District and 3rd Section of Whitfield County, Georgia, and being more particularly described according to a plat of survey prepared for Paul Miller, by Donald O. Babb, Georgia Registered Land Surveyor No. 2029, dated January 21, 2010, recorded in Plat Cabinet D, Slide 1484, Whitfield County, Georgia Land Records, the west line of said easement being more particularly described according to said survey as follows: Beginning at a point located on the west right of way line of Georgia Highway No. 71 (100’ R/W), said point being located in a southerly direction, as measured along said right of way line, a distance of 173.29 feet from the intersection of said right of way line and the south right of way line of Todd Avenue (50’ R/W); thence South 04 degrees 44 minutes 01 seconds West, along said west right of way line of Georgia Highway No. 71, a distance of 48.22 feet to an iron pin; thence South 86 degrees 52 minutes 48 seconds West a distance of 273.14 feet to an iron pin; thence North 05 degrees 32 minutes 40 seconds West a distance of 50.00 feet to an iron pin; thence North 87 degrees 20 minutes 05 seconds East a distance of 281.47 feet to an iron pin located on the west right of way line of Georgia Highway No. 71 and the Point of Beginning. Together with an easement for ingress, egress and the installation and maintenance of utilities, said easement a perpetual non exclusive easement 25 feet in width, the south line of said easement being more particularly described according to the plat of survey referred to above as follows: Beginning at a point located in the west right of way line of Georgia Highway No. 71 (100’ R/W), said point being located in a southerly direction, as measured along said right of way line, a distance of 173.29 feet from the intersection of said right of way line and the south right of way line of Todd Avenue (50’ R/W); thence South 87 degrees 20 minutes 05 seconds West a distance of 62.78 feet to a point which is the end of the south line of the 25 foot easement herein described. Together with an easement for ingress, egress and the installation and maintenance of utilities, said easement a perpetual non exclusive easement 25 feet in width, the west line of said easement being more particularly described according to the plat of survey referred to above as follows: Beginning at an iron pin located on the south right of way line of Todd Avenue (50’ R/W), said point being located in a westerly direction, as measured along said right of way line, a distance of 313.53 feet from the point of intersection of said right of way line of Georgia Highway No. 71 (100’ R/W); thence South 05 degrees 44 minutes 35 seconds East a distance of 177.88 feet to a point, which is the end of the west line of the 25 foot easement herein described. Said legal description being controlling, however, the Property is more commonly known as: 2315 Cleveland Highway, Dalton, GA 30721 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 be subject to the following items which may affect the title: 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 the property; any assessments, liens, encumbrances, zoning ordinances, restrictions, and all other matters of record superior to the said 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 confirmation and audit of the status of the loan with the holder of the Security Deed. First National Bank of America is the entity with authority to negotiate, amend and modify the terms of the Note and Security Deed. First National Bank of America’s address is 241 East Saginaw, East Lansing, MI 48826. First National Bank of America may be contacted by telephone at 800-642-4578. To the best of the undersigned's knowledge and belief, the party in possession of the property is believed to be Charles Roy Bricen Burke, or tenant(s). Rose Land and Finance Corp, as Transferee, Assignee, and Secured Creditor As attorney-in-fact for the aforesaid Grantor Campbell & Brannon, LLC Attorneys at Law Glenridge Highlands II 5565 Glenridge Connector, Suite 350 Atlanta, GA 30342 (770) 392-0041 THIS 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. 08/11 08/18 08/25 09/03
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