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 THOMAS C. COLWELL to United Community Bank, dated December 6, 2001, recorded December 12, 2001, in Deed Book 399, Page 83, Union County, Georgia records, as last modified by Modification of Security Deed dated May 25, 2010, recorded in Deed Book 839, Page 258, Union County, Georgia records, as transferred to CF SOUTHEAST LLC by Transfer and Assignment recorded in Deed Book 866, Page 633, Union County, Georgia records, said Security Deed being given to secure a Note from THOMAS C. COLWELL, 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 Lots 304, 308 and 309 of the 9th District, 1st Section of Union County, Georgia, and being 2.895 acres, as shown on a plat of survey prepared by Tamrok Associates, Inc., Jon G. Stubblefield, RLS #2599, dated 11/17/98 and recorded in Plat Book 42, page 64 of the Superior Court records of Union County, Georgia, which plat is incorporated herein by reference for a full and complete description of said property.
Also conveyed and retained is a non-exclusive perpetual easement forty (40) feet in width for ingress and egress to and from the subject property to U.S. Highway 19/State Route 129 as shown on said plat of survey.
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 THOMAS C. COLWELL or a tenant or tenants.
CF SOUTHEAST LLC,
as attorney in Fact for THOMAS C. COLWELL
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
File No. AM 190-00125