NOTICE OF SALE UNDER POWER, WHITFIELD COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Annie Mae Bright to Branch Banking and Trust Compnay dated 11/6/2003 and recorded in Deed Book 4112 Page 322 and modified at Deed Book 5573 Page 77 Whitfield County, Georgia records; as last transferred to or acquired by Branch Banking and Trust Company, conveying the after-described property to secure a Note in the original principal amount of $ 50,000.00, 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 Whitfield County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on February 06, 2018 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: A CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 243 OF THE 12th DISTRICT AND 3rd SECTION OF WHITFIELD COUNTY, GEORGIA, BEING LOTS NOS. 333, 334 AND 335 OF UNION POINT SUBDIVISION AS PER PLAT OF SAID SUBDIVISION OF RECORD IN PLAT BOOK 1, PAGE 89 (PLAT CABINET A, SLIDE 22) IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WHITFIELD COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED IN A PLAT BY JOSEPH R. EVANS, GEORGIA REGISTERED LAND SURVEYOR NO. 2168, DATED OCTOBER 25, 1996, AS FOLLOWS: BEGINNING AT AN IRON PIN PLACED ON THE RIGHT OF WAY OF DOWNING STREET (40 FEET RIGHT OF WAY) A DISTANCE OF 100 FEET EASTERLY, AS MEASURED ALONG THE NORTH RIGHT OF WAY OF DOWNING STREET, FROM THE NORTHEAST INTERSECTION OF DOWNING STREET WITH CROSS STREET; THENCE NORTH 150.0 FEET TO AN IRON PIN PLACED; THENCE NORTH 87 DEGREES 22 MINUTES EAST 75.0 FEET TO AN IRON PIN PLACED, THENCE SOUTH 150.0 FEET TO AN OPEN TOP PIPE FOUND ON THE NORTH RIGHT OF WAY OF DOWNING STREET, THENCE SOUTH 87 DEGREES 22 MINUTES WEST ALONG THE NORTH RIGHT OF WAY OF DOWNING STREET 75.0 FEET TO AN IRON PIN PLACED AND THE POINT OF BEGINNING. Tax map Reference: 12 243 01 044 Being that parcel of land conveyed to Annie Mae Bright from J.C. Franks and Lois Lingerfelt by that deed dated 11/21/1996 and recorded 11/21/1996 in deed book 2785, at page 168 of the Whitfield county, GA Public Registry. The debt secured by said 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 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 307 Downing Street, , Dalton, GA 30721 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 subject property is (are): Annie Mae Bright or tenant or tenants. Branch Banking and Trust Company is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. Branch Banking and Trust Company Mortgage Loan Servicing P.O. Box 2467 Greenville, SC 29602-2467 1-800-827-3722 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 accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, 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 confirmation 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 documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above. Branch Banking and Trust Company as agent and Attorney in Fact for Annie Mae Bright Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637. 1207-1053A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1207-1053A 01/12 01/19 01/26 02/02
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