WM4094 NOTICE OF SALE UNDER POWER GEORGIA, WALKER COUNTY WHEREAS, because of the maturity and default in the payment of that certain indebtedness secured by a Security Deed executed by BABB PROPERTIES, LLC to Gateway Bank & Trust, dated June 6, 2008, and recorded in Book 1560, Page 203-210, in the Office of the Clerk of the Superior Court of Walker County, Georgia, and as modified by that Modification of Security Deed dated June 16, 2010, recorded in Book 1647, Page 491-492, in the Office of the Clerk of the Superior Court of Walker County, Georgia; the undersigned, Gateway Bank & Trust, pursuant to the power of sale contained in said security deed, will on Tuesday, September 4, 2012, between the hours of 10:00 a.m. and 2:00 p.m., at the County Courthouse door in LaFayette, Walker County, Georgia, sell at public outcry to the highest bidder for cash, and free from any equity of redemption, statutory right of redemption, homestead, dower, curtesy and all other exemptions which are expressly waived in the security deed, the property described in said security deed, to-wit: All that tract or parcel of land lying and being in Original Land Lot No. 64 in the 7th District and 4th Section of Walker County and being in the City of Lafayette, Georgia, and more fully described as Lot Nos. 13 and 14, Block 11, of the WT Corley Subdivision, recorded in Plat Book 2 page 130, in the Office of the Clerk of the Superior Court of Walker County, Georgia, and being more particularly described as follows, to wit: BEGIN at the point of intersection of the southerly right of way line of Colerain Street with the easterly right of way line of Daugherty Street, said point being designated as the point of beginning; thence north 89 degrees east along and with the southerly right of way line of Colerain Street a distance of 150 feet to a point; thence south 1 degree east along and with the westerly right of way line of an alley a distance of 100 feet to a point; thence south 89 degrees west a distance of 150 feet to a point located on the easterly right of way line of Daugherty Street; thence north 1 degree west along and with the easterly right of way line of Daugherty Street 100 feet to a point, said point being the point of beginning. The above described tract was obtained from a plat prepared by Jack B. Kimsey, GRLS No. 1417, dated May 17, 1995 and titled Survey for Monty M. Gilbreath, Jr. and Kimberly L. Gilbreath. Being the same property described in Warranty Deed recorded in Deed Book 764 page 786, in the Office of the Clerk of the Superior Court of Walker County, Georgia. PROPERTY ADDRESS: 505 Colerain Street, Lafayette, GA 30728. The real property will be sold as is and the sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, rights of redemption of any taxing authority, and all other superior matters of record which may affect said property. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Gateway Bank & Trust, 5102 Alabama Highway, Ringgold, Georgia 30736 (706) 965-5500. The secured creditor is not required by law to negotiate, amend, or modify any of the terms of the mortgage instrument. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said security deed. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated this 2nd day of August, 2012. Simonds Law Firm, 427 E. 5th Street, Suite 100, Chattanooga, Tennessee 37403 (423) 285-6158 wm8/8,15,22,29