WM4095 NOTICE OF SALE UNDER POWER GEORGIA, WALKER COUNTY WHEREAS, because of default in the payment of that certain indebtedness secured by a Security Deed executed by BABB PROPERTIES, LLC to Gateway Bank & Trust, dated July 14, 2008, and recorded in Book 1564, Page 783-790, in the Office of the Clerk of the Superior Court of Walker County, Georgia, and as modified by that Modification of Security Deed dated August 19, 2010, recorded in Book 1656, Page 311-312, in the Office of the Clerk of the Superior Court of Walker County, Georgia, and as a result of the acceleration and/or maturity of said indebtedness, 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 Land Lot 50 in the 26th District and 3rd Section of Walker County, Georgia and being further described as follows: To find the point of beginning, start at the southeast corner of Land Lot 50, and go due north a distance of 844 feet to a stake; thence go south 88 degrees 30 seconds west a distance of 282.1 feet, to a point which is the point of beginning; thence going north 15 degrees west a distance of 184.4 feet to a point; thence going south 88 degrees 30 seconds west a distance of 703.8 feet to a point; thence going south 15 degrees east a distance of 184.4 feet to the point of intersection with the south line of property now or formerly belonging to Glennis Maples; thence going north 88 degrees 30 seconds east a distance of 703.8 feet back to the point of beginning. Said tract containing 3.0 acres. Being part of the property surveyed by Joseph R. Evans, GRLS, dated January 6, 1983 and recorded in Deed Book 503 page 99 in the Office of the Clerk of Superior Court of Walker County. TOGETHER WITH The right of ingress and egress, thirty feet in width, said right of way and easement being located in Land Lot 50 in the 26th District and 3rd Section of Walker County, and being south of a line being further described as follows: To find the point of beginning, start at the southeast corner of Land Lot 50 and go due north a distance of 844 feet to a stake; thence go north 88 degrees 30 seconds west a distance of 282.1 feet; thence going north 15 degrees west a distance of 184.4 feet to a point; thence going south 88 degrees 30 seconds west a distance of 703.8 feet to a point, which is the point of beginning located on the northeast corner of property now or formerly belonging to Glennis Maples; thence going south 88 degrees 30 seconds west a distance of 317.0 feet more or less to a point where said line intersects with the east right of way of the former road known as Gap School Road. This easement and right of ingress and egress is meant to designate the driveway existing on property now or formerly belonging to Glennis Maples, such that Grantee may enter and use the existing driveway to access Grantees property. PROPERTY ADDRESS: 1853 Clement Road, Rocky Face, GA 30740. 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