7035 Panda Rd Sw

NOTICE OF SALE UNDER POWER GEORGIA, COBB COUNTY Under and by virtue of the Power of Sale contained in a Deed to Secure Debt, Assignment of Rents and Security Agreement given by Perry O. Cole (the ?Grantor?) to and in favor of Merchants Bank of Indiana (the ?Lender?), dated October 19, 2022, recorded October 20, 2022 in Deed Book 16095, Pages 2113 - 2141, Cobb County, Georgia records (the ?Security Deed?), conveying the after described property to secure that U.S. Small Business Administration Note dated as of even date, in the original principal amount of Eight Hundred Forty-Five Thousand Nine Hundred and 00/100 Dollars ($845,900.00), with interest thereon as set forth therein (the ?Note?), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Cobb County, Georgia, within the legal hours of sale on the first Tuesday in June 2026, the following described property, together with all of Grantor's right, title and interest, if any, in and to the following described property and interests in land, estates, easements, tenements, rights, improvements, property, fixtures, equipment, appliances and appurtenances as more particularly defined in the Security Deed and the Note (the ?Secured Property?): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 484 OF THE 18TH DISTRICT, 2ND SECTION, COBB COUNTY, GEORGIA, BEING LOT 65, CROWN POINTE SUBDIVISION, UNIT II, PHASE II, AS PER PLAT RECORDED IN PLAT BOOK 133, PAGE 17, RE-RECORDED IN PLAT BOOK 141, PAGE 45, COBB COUNTY, GEORGIA RECORDS, WHICH RECORDED PLAT IS INCORPORATED HEREIN BY THIS REFERENCE AND MADE A PART OF THIS DESCRIPTION. SAID PROPERTY BEING KNOWN AS 7035 PANDA ROAD ACCORDING TO THE PRESENT SYSTEM OF NUMBERING HOUSES IN COBB COUNTY, GEORGIA. PARCEL ID: 18048401920 The Secured Property Address is more commonly known as 7035 Panda Road, Austell, Georgia 30168 The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorneys' fees (notice of intent to collect attorneys' fees having been given). The Secured Property will be sold subject to that certain prior Security Deed from Perry O. Cole to MERS/Coldwell Banker Mortgage, dated 08/08/2005, in the original amount of $69,428.00, recorded on 09/21/2005 in Deed Book 14222, Page 880, aforesaid records; as assigned to PHH Mortgage Corporation filed 12/06/2010 in Deed Book 14818, Page 1371, aforesaid Records; as further assigned to New Residential Mortgage, LLC filed 11/09/2020 in Deed Book 15820, Page 5618, aforesaid Records; as further assigned to U.S. Bank Trust National Association, not in its individual capacity but solely as Trustee of Citigroup Mortgage Loan Trust 2021-RP5 filed 01/20/2022 in Deed Book 16018, Page 4281, aforesaid Records; as further assigned to Mortgage Electronic Registration Systems, Inc., as nominee for Coldwell Banker Mortgage filed 05/06/2022 in Deed Book 16054, Page 361, aforesaid Records. The Secured Property will be sold on an ?as is, where is? basis without recourse against Lender and without representation or warranty, express or implied, of any kind or nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land, and will be sold subject to (a) any and all outstanding ad valorem taxes and assessments, (b) all matters which would be disclosed by a current and accurate survey and inspection of the Secured Property, (c) all easements, assessments, liens, encumbrances, zoning ordinances, covenants, restrictions, Uniform Commercial Code financing statements, and other matters of record, if any, which the Security Deed is junior and subordinate in terms of priority, under the laws of the State of Georgia. Pursuant to O.C.G.A. ? 44-14-162.2, the name, address and telephone number of the entity or individual that has full authority to negotiate, amend, and modify all terms of the Security Deed is: Joe Keyler, Merchants Bank of Indiana, 410 Monon Blvd., Carmel, IN 46032; (317) 331-8031; jkeyler@bankmerchants.com. Please understand that the Lender is not required by law to negotiate, amend, or modify the terms of the Deed instrument. To the best knowledge and belief of the undersigned, the party in possession of the Secured Property is the Grantor, or parties claiming by, through or under the Grantor, including without limitation tenants who may be occupying the Secured Property pursuant to unrecorded leases. The sale will be conducted subject (i) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (ii) to final confirmation and audit of the status of the loan with the Lender. Merchants Bank of Indiana as Attorney in Fact for Perry O. Cole Attorneys: Brent W. Herrin, Esq. Small Herrin, LLP 100 Galleria Parkway, Suite 350 Atlanta, Georgia 30339 770-857-1664 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5:8,15,22,29-2026