NOTICE OF SALE UNDER POWER ...

NOTICE OF SALE
UNDER POWER

GEORGIA, COWETA COUNTY By virtue of the Power of Sale contained in that certain Security Deed given from Sanford H. Rutherford and Anna Pilgrim to H & M Lenders, Inc., dated 08/12/1999, recorded 08/19/1999 in Deed Book 1430, Page 179, Coweta County, Georgia records, and as last assigned to First Citizens Bank by virtue of assignment recorded in Deed Book 1430, Page 187, Coweta County, Georgia records, said Security Deed having been given to secure a Note of even date in the principal amount of SIXTY-TWO THOUSAND FIVE HUNDRED NINETY AND 00/100 DOLLARS ($62,590.00), 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 of sale on the first Wednesday in July 2017 by Branch Banking and Trust Company s/b/m First Citizens Bank, as Attorney in Fact for Sanford H. Rutherford and Anna Pilgrim, all property described in said Security Deed including but not limited to the following described property: ALL THAT TRACT OR PARCEL OF LAND SITUATE LYING AND BEING IN LAND LOT 81 OF THE FOURTH LAND DISTRICT, COWETA COUNTY, GEORGIA AND BEING IDENTIFIED AS LOT 18, BLOCK A OF MONICA WOODS SUBDIVISION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AN IRON LOCATED ON THE NORTH LAND LOT LINE OF LAND LOT 81 OF THE FOURTH LAND DISTRICT, WHICH IRON IS LOCATED 429.28 FEET EAST OF THE NORTHWEST CORNER OF LAND LOT 81 OF THE FOURTH LAND DISTRICT, AS MEASURED IN SAID EASTERLY DIRECTION ALONG THE NORTH LAND LOT LINE OF LAND LOT 81, AND FROM SAID POINT OF BEGINNING RUN NORTH 89 DEGREES 01 MINUTES 55 SECONDS EAST 498.41 FEET ALONG THE NORTH LAND LOT LINE OF LAND LOT 81 TO AN IRON; THENCE RUN SOUTH 01 DEGREES 49 MINUTES EAST 86.13 FEET TO AN IRON LOCATED ON THE NORTHERLY RIGHT OF WAY OF TINICA WAY SAID IRON BEING LOCATED 2043.4 FEET WEST OF THE INTERSECTION MADE BY THE NORTHERLY RIGHT OF WAY OF TINICA WAY WITH THE WEST RIGHT OF WAY OF SUMMERS-MCKOY ROAD; THENCE RUN THE FOLLOWING COURSES AND DISTANCES ALONG THE NORTHERLY RIGHT OF WAY OF TINICA WAY, TO WITH: NORTH 67 DEGREES 48 MINUTES 54 SECONDS WEST 47.42 FEET, THENCE NORTH 52 DEGREES 59 MINUTES 45 SECONDS WEST 59.14 FEET, THENCE SOUTH 68 DEGREES 04 MINUTES 49 SECONDS WEST 64.98 FEET, THENCE SOUTH 76 DEGREES 01 MINUTES 53 SECONDS WEST 56.24 FEET, THENCE SOUTH 52 DEGREES 24 MINUTES 24 SECONDS WEST 67.01 FEET, THENCE SOUTH 40 DEGREES 49 MINUTES 20 SECONDS WEST 99.02 FEET TO AN IRON PIN; THENCE LEAVING THE NORTHERLY RIGHT OF WAY OF TINICA WAY RUN NORTH 44 DEGREES 54 MINUTES 40 SECONDS WEST 251.07 FEET TO AN IRON LOCATED ON THE NORTH LAND LOT LINE OF LAND LOT 81 AND THE POINT OF BEGINNING OF THE PROPERTY CONVEYED HEREIN. ALSO CONVEYED HEREIN IS AN EASEMENT FOR INGRESS AND EGRESS OVER, ACROSS AND THROUGH THAT TRACT OF LAND LOT 81 OF THE FOURTH LAND DISTRICT, OF COWETA COUNTY, GEORGIA AND BEING DESIGNATED TINICA WAY ON THE PLAT OF SURVEY FOR MONICA WOODS SUBDIVISION MADE BY CULLAN PATTON, SURVEYOR, AS RECORDED IN PLAT BOOK 26, PAGE 275, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF COWETA COUNTY, GEORGIA ALONG WITH THE EXTENSION OF TINICA WAY LEADING TO THE PROPERTY DESCRIBED HEREINABOVE, REFERENCE IS HEREBY MADE TO THE AFORESAID PLAT OF SURVEY FOR A MORE PARTICULAR DESCRIPTION OF THE EASEMENT FOR INGRESS AND EGRESS CONVEYED HEREIN. PARCEL ID NUMBER: 024 4081 020. SUBJECT TO ANY EASEMENTS OR RESTRICTIONS OF RECORD. Said property being known as 247 TINICA WAY, NEWNAN, GEORGIA 30263 according to the present numbering system in Coweta County. The indebtedness secured by said Security Deed has been 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 and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: any superior Security Deeds of record; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Anna Pilgrim, Sanford H. Rutherford or tenant(s). 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. The name of the person or entity who has the full authority to negotiate, amend, and modify all terms of the mortgage is: Branch Banking and Trust Company, 301 College Street, Greenville, SC 29601 TEL 800-827-3722. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Geheren Firm, P.C., 4828 Ashford Dunwoody Road, 2nd Floor, Atlanta, GA 30338 TEL (678) 587-9500.
No.66717-6-8-15-22-29