STATE OF GEORGIA
COUNTY OF UNION
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale contained in a Security Deed from ANTHONY CROSBY to Appalachian Community Bank, dated May 24, 2006, recorded July 7, 2006, in Deed Book 655, Page 560, Union County, Georgia records, as modified by Modification Agreements recorded in deed Book 690, Page 245 and Deed Book 754, Page 233, Union County, Georgia records, transferred to Community & Southern Bank pursuant to that certain Purchase and Assumption Agreement dated as of March 19, 2010, by and among Community & Southern Bank, The Federal Deposit Insurance Corporation, Receiver of Appalachian Community Bank and The Federal Deposit Insurance Corporation, and as assigned to COMMUNITY & SOUTHERN BANK by Assignment recorded in Deed Book 835, Page 291, Union County Records, said Security Deed being given to secure a Note from TONY CROSBY KITCHENS, INC. dated March 10, 2009 in the original principal amount of Two Hundred Thirty Thousand Eight Hundred Sixty Eight and 25/100 ($230,868.25) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Union County, Georgia, within the legal hours of sale on the first Wednesday in January, 2013, the following described property:
All that tract or parcel of land lying and being in Land Lot 213, 17th District, 1st Section, Union County, Georgia, and being Lot 4 of Young Blairsville Estates Subdivision, containing 0.985 acre, more or less, as shown on a plat of survey by LandTech Services, Inc., dated March 29, 2002 and recorded in Plat Book 53, page 91, Union County Records. Said plat is incorporated herein, by reference hereto, for a full and complete description of the above described property.
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 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, easements, 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 party in possession of the property is ANTHONY CROSBY or a tenant or tenants.
COMMUNITY & SOUTHERN BANK,
as attorney in Fact for ANTHONY CROSBY
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
File No. CO608-00431