NOTICE OF SALE UNDER POWER
GEORGIA, BARTOW COUNTY
By virtue of the power of sale contained in the Deed to Secure Debt by and between GALEN McDANIEL and HAL ROGERS (collectively, the Grantor ) to COMMUNITY BANK OF ROCKMART by and through its receiver the FEDERAL DEPOSIT INSURANCE CORPORATION with the current servicer of the debt being MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, (collectively, Lender ), recorded on October 16, 2007 in Deed Book 2242, Page 79 of the Bartow County, Georgia records, and modified by Modification Agreement recorded on July 8, 2011 in Deed Book 2483, Page 66, conveying the realty described below as collateral for the debt in the principal amount of $201,824.56, together with all late fees and interest from dates of execution at the rates provided therein on the unpaid balance; there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door at Bartow County Georgia, within the legal hours of sale on the first Tuesday of February, 2013 the realty located in Land Lot 170 of the 15th District, 3rd Section, Bartow County, Georgia, being in the City of Adairsville, and being more completely described as follows:
Being Lot 1 of 41 North Business Park as per plat recorded in Plat Book 60, Page117, Bartow County, Georgia records, and being Lot 2 of 41 North Business Park as per plat recorded in Plat Book 58, Page 362, aforesaid records, which plats by reference are incorporated herein and made a part hereof.
All that tract or parcel of land lying and being in the City of Adairsville and being Land Lot 170 of the 15th District 3rd Section of Bartow County Georgia and being Lot 2 of 41 North Business Park as per plat recorded in Plat Book 58 Page 362 Bartow County Georgia records which plat by reference is incorporated herein and made a part hereof.
The debt secured by said Deed to Secure Debt has been and is hereby declared due and payable because, among other possible events of default, of the Grantor s failure to pay the interest and principal when due. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), and 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 Deed to Secure Debt first set out above.
To the best knowledge and belief of Lender, the party in possession of the property is Galen McDaniel and Hal Rogers, or a tenant or tenants.
Midland Loan Services, a Division of PNC Bank, National Association, as Servicer for The Federal Deposit Insurance Corporation as Receiver for Community Bank of Rockmart,
as Attorney In Fact For
Galen McDaniel and Hal Rogers
/s/ Sarah S. Wheeler
Moore & Reese, LLC
2987 Clairmont Road
Atlanta, GA 30329