GEORGIA, COWETA COUNTY By virtue of a Power of Sale contained in that certain Real Estate Deed to Secure Debt from TSR Holdings Inc. and Rodney L. Brooks to Fidelity Bank (by virtue of that certain Transfer and Assignment of Security Deed, filed and recorded December 2, 2015 in Deed Book 4302, Page 655, COWETA COUNTY, Georgia records, assignee of the Federal Deposit Insurance Corporation in receivership of The Bank of Georgia) (“Fidelity”), dated August 26, 2013, filed and recorded January 2, 2014 in Deed Book 4047, Page 708, Coweta County, Georgia records (as amended, modified, or revised from time to time, “Security Deed”), said Security Deed having been given to secure a note in the original principal amount of SEVEN HUNDRED SEVEN THOUSAND FOUR HUNDRED FOURTEEN AND 59/100THS DOLLARS ($707,414.59) (as amended, modified, or revised from time to time, the “Note”), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of COWETA COUNTY, Georgia, within the legal hours for sale on the first Tuesday in March, 2018, all property described in said Security Deed, including, but not limited to, declarant's rights, if any, and, without limitation, the following described property (or so much thereof as has not, as of said first Tuesday, by duly executed and recorded instrument, previously been released from the lien of the Security Deed): All that tract or parcel of land lying and being in Land Lot 229 of the 2nd District of Coweta County, Georgia, being Lots 2-9, 2-13, 2-17, 2-25 of Deer Creek Subdivision, Phase II, as shown on that certain plat of said subdivision recorded in Plat Book 87, Pages 295-297, Coweta County, Georgia records, said plat being incorporated herein and made a part hereof by reference. 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, including, but not limited to, the nonpayment of the indebtedness as and when due. 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 and other payments provided for under the terms of the Security Deed and Note. The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Russell Byrd, Fidelity Bank, 100 Westpark Drive, Peachtree City, GA 30269. The telephone number is (678) 632-9743. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by inspection of the property; any outstanding taxes, including, but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; and all outstanding bills for public utilities which constitute liens upon said property. To the best of the knowledge and belief of the undersigned, the party in possession of the property is TSR Holdings Inc., Rodney L. Brooks or tenant(s). The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Fidelity and its counsel are acting as debt collectors. Any information obtained will be used for that purpose. Fidelity as Attorney-in-Fact for TSR HOLDINGS INC. AND RODNEY L. BROOKS Adams and Reese LLP 3424 Peachtree Road, N.E. Suite 1600 Atlanta, Georgia 30326 Telephone (470) 427-3700
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PostedFebruary 08, 2018