NOTICE OF SALE UNDER POWER GEORGIA, WHITFIELD COUNTY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by JULIE D. BAGGETT AND GARY A. BAGGETT, residents of the State of Georgia (the "Borrowers"), to SMARTBANK, a Tennessee banking corporation and successor to CORNERSTONE COMMUNITY BANK, a Tennessee banking corporation (the "Lender"), dated October 17, 2013, and recorded on October 24, 2013, in Deed Book 5961, Page 200, in the Office of the Clerk of the Superior Court of Whitfield County, Georgia, (the "Security Deed"), as further modified in Modification Agreement recorded on March 28, 2014, in Deed Book 6014, Page 289, all with the Superior Court of Whitfield County (collectively, as amended and modified, the "Security Deed"), conveying the property therein described (the "Property") to secure, among other indebtedness, an Interest Only Home Equity Line of Credit, in the original principal amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) dated March 12, 2014, executed by Borrowers in favor of Lender (the "Note"), with interest thereon as set forth therein, will be sold at public outcry to the highest bidder for cash before the courthouse door of Whitfield County, Georgia, within the legal hours of sale on the first Tuesday in September, 2017, the following described property which is known as 202 South Goose Hill Road, Rocky Face, Whitfield County, GA 30740. All that tract or parcel of land lying and being in Land Lot No. 225 in the 12th District and 3rd Section of Whitfield County, Georgia, being Lot No 46 of The Farm Properties, Phase Three, being more particularly described in a plat by Marcus E. Cook, Georgia Registered Land Surveyor No. 1935, dated March 14, 1990, revised September 19, 1990 and revised October 3, 1990, as follows: BEGINNING at a point in the northeastern right of way line of Goose Hill Road a distance of 127. 05 feet northerly from the northeast intersection of Goose Hill Road with Woods Point Drive as measured along the northeast right of way line of said Goose Hill Road; thence northwesterly, along an arc of a curve in the northeast right of way line of Goose Hill Road (said curve having a radius of 350 feet, a chord distance of 29.99 feet and a directional call of north 62 degrees 34 minutes, 51 seconds west), an arc distance of 30 feet, thence north 65 degrees 02 minutes 11 seconds west along the northeast right of way line of Goose Hill Road 220 feet, thence north 53 degrees 52 minutes 34 seconds east 340 feet; thence south 65 degrees 01 minutes 08 seconds east 200 feet, thence south 45 degrees 54 minutes 49 seconds west 320 feet to the northeast right of way line of Goose Hill Road and the point of beginning. The above-described lot is shown by plat of The Farm Properties, Phase 3 of record in Plat Cabinet C Slides 413 and 414, in the Office of the Clerk of the Superior Court of Whitfield County, Georgia; thence located in the beginning point for the above description is determined by a revised plat affecting Lots 47, 48, 49 and 50 only of Phase 3 of The Farm Properties, said revised plat being of record in Plat Cabinet C Slide 666, in the Office of the Clerk of the Superior Court of Whitfield County, Georgia. No boundary survey of the within land was made at the time of this conveyance, and the description of the within land is not different from previous deed(s) FOR PRIOR TITLE, see Warranty Deed with Right of Survivorship from John F. Ulen, III and Angela B. Ulen to Julie D. Baggett and Gary A. Baggett dated May 28, 2003 and recorded in Deed Book 3961, Page 311, in the Office of the Clerk of the Superior Court of Whitfield County, Georgia. SUBJECT TO (a) Any governmental zoning and subdivision ordinances in effect thereon. (b) TOGETHER WITH all benefits, rights, privileges, and easements, and SUBJECT to the burdens, covenants, restrictions, bylaws, rules, regulations, and easements all as set forth in Declaration of Covenants, Restrictions and Easements for The Farm Properties of record in Deed Book 1025, Page 235, in Office of the Clerk of the Superior Court of Whitfield County, Georgia, including but not limited to the right of ingress and egress on and over all private roads shown on plats of record in Plat Cabinet C Slides 413 and 414, and Plat Cabinet C Slide 66, in Office of the Clerk of the Superior Court of Whitfield County, Georgia. (c) Restrictive Covenants contained in Declaration of Covenants, Restrictions and Easements for The Farm Properties of record in Deed Book 1025, Page 235, in Office of the Clerk of the Superior Court of Whitfield County, Georgia, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607, of the United States Code or (b) related but does not discriminate against handicapped persons. (d) Lien of assessments provided in Declaration of Covenants, Restrictions and Easements for the Farm Properties of record in Deed Book 1025, Page 235, in Office of the Clerk of the Superior Court of Whitfield County, Georgia. (e) Right of First Refusal of Shaw Investments, Inc , a Georgia corporation, as set forth in Declaration of Covenants, Restrictions and Easements for The Farm Properties of record in Deed Book 1025, Page 235, in Office of the Clerk of the Superior Court of Whitfield County, Georgia. (f) All other terms and provisions of Declaration of Covenants, Restrictions and Easements for The Farm Properties of record in Deed Book 1025, Page 235, in Office of the Clerk of the Superior Court of Whitfield County, Georgia. (g) All notes, stipulations, restrictions, easements, conditions, and regulations as shown, described or noted on recorded plats. (h) Claim of Lien filed by Greg Tallent & Associates, Inc. versus Julie D. Baggett and Gary A. Baggett dated October 1, 2013 and recorded October 8, 2013 in Lien Book Page 352, Page 213, and also recorded on October 23, 2013 in Lien Book 353, Page 228 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia. NOTE: These documents appear to be identical, however, no explanation is made as to why there are duplicate recordings. A Notice of Commencement of Action in the case of Greg Tallent and Associates, Inc. v. Gary A. Baggett and Julie D. Baggett; Whitfield County Superior Court Civil Action No. 13-CI-1774-J dated November 25, 2013 is filed in Lien Book 356, Page 247; said Notice cross-references the Claim of Lien filed in Lien Book 353, Page 228, in said Clerk's Office. An Order Granting Motion to Dissolve Materialman's Lien granted in the case of Greg Tallent and Associates, Inc. v. Gary A. Baggett and Julie D. Baggett; Whitfield County Superior Court Civil Action No. 13-CI-1774-J, was entered on February 21, 2014 and recorded in Lien Book 407, Page 156 and in Deed Book 6005, Page 1, in said Clerk's Office; said Order cross-references the Claim of Lien filed in Lien Book 352, Page 213, but makes no reference to the second Claim of Lien filed on Lien Book 353, page 228, in said Clerk's Office. From the filings of record, it is not clear if both Claim of Lien filings are meant to be dissolved, or just the one cross-referenced. The listing of this Claim of Lien is not an admission that it remains a viable or enforceable lien. (i) Security Deed from Julie D. Baggett and Gary A. Baggett to Mortgage Investors Group with MERS nominee dated October 17, 2013 and recorded in Deed Book 5961, Page 183 in the Office of the Clerk of the Superior Court of Whitfield County, Georgia Whitfield County taxes for 2016 are paid in full. Parcel No. 12-227-32-052. The debt secured by the Security Deed has been and is hereby declared due because 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 the 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 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 the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the parties in possession of the property are, JULIE D. BAGGETT, or a tenant or tenant(s) and said property is more commonly known as 202 South Goose Hill Road, Rocky Face, GA 30740. SMARTBANK, SUCCESSOR TO CORNERSTONE COMMUNITY BANK, as Attorney in Fact for Julie D. Baggett, Contact: Chambliss, Bahner & Stophel, P.C., ATTN: Jeffrey W. Maddux, 605 Chestnut Street, Suite 1700, Liberty Tower, Chattanooga, Tennessee 37450 (423) 757-0296. 08/11 08/18 08/25 09/01
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