WM5012 NOTICE OF SALE UNDER POWER STATE OF GEORGIA, COUNTY OF WALKER WHEREAS, on the 24th day of June, 2009, HES Construction, LLC executed and delivered a certain Security Deed to Capital Bank for the purpose of securing indebtedness therein described, which Security Deed appears of record in the Office of the Clerk of the Superior Court of Walker County, Georgia, in Book 1610, beginning at Page 812, reference to which deed is hereby made for its full terms, provisions and conditions (hereinafter Security Deed); and WHEREAS, the debts secured by the said Security Deed have become in default as to the principal and interest, and that the holder thereof has declared the entire indebtedness owing thereby at once immediately due and payable; and WHEREAS, notice to HES Construction, LLC of the initiation of proceedings by Capital Bank to exercise the power of sale contained in the above-referenced Security Deed was not required according to O.C.G.A. 44-14-162.3, because the real property that was subject to the Security Deed was not used as a dwelling place by the debtor at the time the Security Deed was entered into; however, such notice was nevertheless provided; and NOW, THEREFORE, pursuant to the terms, provisions and conditions of the aforementioned Security Deed and the laws in such cases made and provided, the undersigned will offer for sale and will sell for cash on the first Tuesday in September, to wit: September 4, 2012, between the legal hours of sale at public outcry before the courthouse door in Walker County, Georgia, the following described real estate, to wit: All that tract or parcel of land lying and being in Original Land Lot No. 13, in the 8th District and 4th Section of Walker County, Georgia, being particularly designated as Lot No. 2 of Fieldstone Farms, Phase I, as shown by plat recorded in Plat Book 12, Pages 283 through 286, Walker County, Georgia Land Records. LESS AND EXCEPT Units A-F and Unit I, Fieldstone Crossing, Phase I, as shown by plat recorded in Plat Book 14, Page 255, Walker County, Georgia Land Records. LESS AND EXCEPT Condominiums Phase 2A, Fieldstone Commons as shown by plat recorded in Plat Book 13, Pages 181 through 183, Walker County, Georgia Land Records. LESS AND EXCEPT Remainder Lot 2C and Private Road on the Plan of Fieldstone Crossing, Phase I, as shown by plat recorded in Plat Book 14, Page 255, Walker County, Georgia Land Records. LESS AND EXCEPT Unit J and Remainder Lot 2B on plan of Fieldstone Crossing, Phase 2, a Patio Home Community, as shown by Final Plat of said Subdivision of record in Plat Book 15, Page 35, in the Office of the Clerk of the Superior Court of Walker County, Georgia. Leaving the following described property: Unit K All that tract or parcel of land lying and being in Original Land Lot Number 13, in the 8th District and 4th Section of Walker County, Georgia, and being shown and designated as Unit K, Fieldstone Crossing, Phase 2, a Patio Home Community, as shown by Final Plat of said Subdivision of record in Plat Book 15, Page 35, in the Office of the Clerk of the Superior Court of Walker County, Georgia. Together with easements for access, ingress, egress and utilities over private roads as shown, described or noted on plats of record in Plat Book 12, Pages 283286, Plat Book 13, Pages 181-183, and Plat Book 14, Page 255, and as set out in Declaration of Covenants, Conditions, and Restrictions for Fieldstone Farms recorded in Book 1370, Page 719, as amended at Book 1460, Page 821, and Book 1590, Page 137, in said Clerks Office. Together with easements set out in Supplemental Declaration of Covenants, Conditions and Restrictions for The Commons Patio Homes at Fieldstone Farms recorded in Book 1590, Page 130, in said Clerks Office. For prior title, see Deed Book 1375, Page 514, Walker County, Georgia Land Records. THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING: All matters shown on plats of record in Plat Book 14, Page 255 and Plat Book 15, Page 35. Declaration recorded in Book 1370, Page 719, as amended at Book 1460, Page 821, Book 1590, Page 130. (includes lien of assessments) Supplemental Declaration recorded in Book 1590, Page 137. (includes lien of assessments) Any governmental zoning and subdivision ordinances or regulations in effect thereon. All applicable conditions, restrictions, reservations, easements, etc., as shown on said recorded plats. Said Property is commonly known as Lot 130, Fieldstone Commons, Unit K, Rock Spring, Georgia 30739. Said property will be sold subject to any unpaid 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, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the deed to secure debt as first set out above. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgages with the debtor is Capital Bank, with an address of 625 Battlefield Parkway, Fort Oglethorpe, Georgia 30742, and a telephone number of (706) 866-1146. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instruments. Said property will be sold at public outcry to the highest and best bidder for cash in bar of all equity of redemption; and will be sold as the property of HES Construction, LLC, the makers of the aforesaid Security Deed, and the said sale proceeds shall be used first to the payment of said note, principal and interest, and expenses of sale, including attorneys fees (notice of intention to collect attorneys fees having been given as provided by law), and the balance, if any, delivered to the said HES Construction, its successors or assigns. Said sale shall divest all of the right, title and interest of said HES Construction, LLC, its successors and assigns, in and to said property and shall invest the same in the purchaser at sale. To the best knowledge and belief of Capital Bank, the current owners and parties in possession of the property are the said HES Construction, LLC or its tenant. CAPITAL BANK, as Attorney-in-Fact for HES Construction, LLC GARY L. HENRY GEARHISER, PETERS, ELLIOTT & CANNON, PLLC 320 McCallie Avenue Chattanooga, Tennessee 37402 (423) 756-5171 wm8/8,15,22,29