10-114584 CS-0400 Burton

10/11.18.25;11/1

NOTICE OF SALE UNDER POWER GEORGIA, CARROLL COUNTY By virtue of a Power of Sale contained in that certain Deed to Secure Debt from Dr. Kelvin Burton a/k/a Kelvin B. Burton to Community & Southern Bank (by virtue of that certain Assignment of Security Instruments and Other Loan Documents, filed and recorded June 9, 2010 in Deed Book 4765, Page 34, CARROLL COUNTY, Georgia Records, assignee of the Federal Deposit Insurance Corporation in receivership of First National Bank of Georgia) (“Community & Southern Bank”), dated August 17, 2007, filed and recorded August 29, 2007 in Deed Book 4093, Page 3, Carroll County, Georgia Records (as amended, modified, or revised from time to time, “Security Deed”), said Security Deed having been given to secure a Note in the original principal amount of ELEVEN THOUSAND FIVE HUNDRED SEVENTY-SIX AND NO/100THS DOLLARS ($11,576.00) (as amended, modified, or revised from time to time, collectively referred to as the “Note”), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of CARROLL COUNTY, Georgia, within the legal hours for sale on the first Tuesday in November, 2012, all property described in said Security Deed, including, but not limited to, declarant's rights, if any, and, without limitation, the following described property (or so much thereof as has not, as of said first Tuesday, by duly executed and recorded instrument, previously been released from the lien of the Security Deed): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 204 OF THE 10TH DISTRICT, CARROLL COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS LOT 2 OF ASHWOOD ESTATES SUBDIVISION AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED ON THE NORTH LAND LOT LINE OF SAID LAND LOT 204, SAID POINT BEING NORTH 88 DEGREES 58 MINUTES 43 SECONDS E ALONG THE NORTH LAND LOT LINE OF SAID LAND LOT 204 A DISTANCE OF 319.19 FEET FROM A POINT LOCATED AT THE COMMON LAND LOT CORNER OF LAND LOTS 204, 205, 212 AND 213 OF SAID DISTRICT AND COUNTY (SAID CORNER ALSO BEING THE NORTHWEST LAND LOT CORNER OF SAID LAND LOT 204), SAID POINT BEING THE TRUE POINT OF BEGINNING; RUNNING THENCE NORTH 88 DEGREES 58 MINUTES 43 SECONDS EAST ALONG THE NORTH LAND LOT LINE OF SAID LAND LOT 204 A DISTANCE OF 121.12 FEET TO A POINT LOCATED ON THE NORTH LAND LOT LINE OF SAID LAND LOT 204; RUNNING THENCE SOUTH 00 DEGREES 43 MINUTES 05 SECONDS WEST ALONG THE LINE DIVIDING SAID LOT 2 AND LOT 3 OF SAID SUBDIVISION A DISTANCE OF 359.65 FEET TO A POINT LOCATED ON THE NORTH RIGHT OF WAY OF ASHWOOD DRIVE (A 60' RIGHT OF WAY); RUNNING THENCE SOUTH 88 DEGREES 58 MINUTES 43 SECONDS WEST ALONG SAID ASHWOOD DRIVE A DISTANCE OF 121.12 FEET TO A POINT LOCATED ON SAID ASHWOOD DRIVE, RUNNING THENCE NORTH 00 DEGREES 43 MINUTES 05 SECONDS EAST ALONG THE LINE DIVIDING SAID LOT 2 AND LOT 1 OF SAID SUBDIVISION A DISTANCE OF 359.65 FEET TO A POINT LOCATED ON THE NORTH LAND LOT LINE OF SAID LAND LOT 204 AND THE TRUE POINT OF BEGINNING. SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED ON A SURVEY FOR TERRANCE ALAN TAYLOR, DATED 1-13-90 PREPARED BY WILLIAM H. ALEXANDER, JR., REGISTERED LAND SURVEYOR. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including, but not limited to, the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by inspection of the property; any outstanding taxes, including, but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; and all outstanding bills for public utilities which constitute liens upon said property; To the best of the knowledge and belief of the undersigned, the party in possession of the property is Dr. Kelvin Burton a/k/a Kelvin B. Burton or tenant(s). The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Community & Southern Bank and its counsel are acting as debt collectors. Any information obtained will be used for that purpose. Community & Southern Bank as Attorney-in-Fact for Dr. Kelvin Burton a/k/a Kelvin B. Burton Contact: Guillermo Todd, Esq. Busch, Slipakoff & Schuh, LLP 3330 Cumberland Boulevard, Suite 300 Atlanta, Georgia 30339 Telephone (770) 790-3550