44 Middleton Ct

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF BARTOW Because of a default in the payment of the indebtedness evidenced by a Note (as hereinafter described), secured by a Security Deed from Francis K. Ngere (hereinafter referred to as “Grantor”) to iTHINK Financial Credit Union dated July 20, 2022, filed for record in Deed Book 3484, Page 556, in the Office of the Clerk of the Superior Court of Bartow County, Georgia (hereinafter referred to as the “Security Deed”), the undersigned, iTHINK Financial Credit Union, pursuant to said Security Deed and that certain Note dated July 20, 2022 in the original principal amount of $42,000.00 (hereinafter referred to as the “Note”), has declared the entire amount of said indebtedness due and payable. Therefore, pursuant to and by virtue of the power of sale contained in the Security Deed, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door on the courthouse steps at Bartow County, Georgia, within the legal hours of sale on the first Tuesday in October, 2026, the following described property: All that tract or parcel of land lying and being in Land Lot 200 of the 4th District, the 3rd Section of Bartow County, Georgia; and being Lot 68, Middlebrook Trace, as per plat recorded in Plat Book 61, Page 87, Bartow County, Georgia records, which plat by reference is incorporated herein and made a part hereof, together with all fixtures and personal property attached to and constituting a part of said property, and replacements and additions. TOGETHER WITH all of the buildings, building materials, fixtures and improvements on, in and to the property and all easements, rights, rents, royalties, mineral, oil and gas rights, profits and water rights. The indebtedness secured by the Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness when due and in the manner provided in the Note. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale, and all other payments provided for under the Security Deed, including permitted attorneys' fees as provided in the Note and Security Deed, notice of intention to collect attorneys' fees and expenses of the foreclosure having been given as provided by law and as provided by the terms of the Security Deed; and the remainder, if any, shall be applied as provided by law. To the best knowledge and belief of the undersigned, Francis Kamau Ngere is in possession of said property. Said property will be sold subject to any prior restrictive covenants, easements, rights-of-way, valid zoning ordinances, matters which would be disclosed by an accurate survey of the property or by an inspection of the property, and any liens or encumbrances superior to the Security Deed first set out above, and subject to all outstanding taxes, assessments, water, waste, and utility bills which may constitute a lien against said property, whether due and payable or not yet due and payable. This sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed. Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed. Pursuant to O.C.G.A. § 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above. The following information is being provided in accordance with O.C.G.A. § 44-14-162.2. iTHINK Financial Credit Union, hereby notifies Grantor that iTHINK Financial Credit Union, remains the holder of the security interest set forth in the Security Deed. Grantor may communicate with iTHINK Financial Credit Union, by contacting Ms. Jessica Congelosi, iTHINK Financial Credit Union, 1075 Cobb Place Boulevard NW, Kennesaw, Georgia 30144, or by telephone at (561) 982-4775. Ms. Congelosi has full authority to negotiate, amend, and modify all terms of the Security Deed with Grantor. O.C.G.A. § 44-14-162.2 states in pertinent part that, “nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument”. iTHINK FINANCIAL CREDIT UNION, as Attorney-in-Fact for FRANCIS KAMAU NGERE By: (s) Thomas E. Austin, Jr. Thomas E. Austin, Jr., Attorney for iTHINK Financial Credit Union Thomas E. Austin, Jr., LLC 2451 Cumberland Parkway SE Suite 3504 Atlanta, Georgia 30339 (404) 814-3755 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 9/10, 9/17, 9/24, 10/1 #1562