2435 Dixie Ave Se

NOTICE OF SALE UNDER POWER COBB COUNTY By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from IALA LLC ("Grantor") to First Bank ("Lender") dated December 21, 2018, and recorded January 9, 2019, in Deed Book 15598, Page 3796 of the Office of the Clerk of Superior Court of Cobb County, Georgia (the "Security Deed"), the Security Deed having been given to secure the debt evidenced by a Promissory Note from Grantor to Lender dated December 21, 2018, in the original principal amount of $875,300.00, with interest from the date thereof at the rate specified therein, as amended by that certain Loan Modification Agreement dated June 5, 2019 and filed of record in Deed Book 15646, Page 2966 in the Office of the Clerk of Superior Court of Cobb County, Georgia (the "Registry"), as further amended by that certain Loan Modification Agreement dated December 2, 2019 and filed of record in Deed Book 15798, Page 5735 of the Registry as further amended by Affidavit of Intangible Tax, filed of record in Deed Book 16195, Page 3362 of the Registry (together with any and all renewals, replacements, modifications, and extensions thereof, the "Note"), the undersigned will sell at public outcry to the highest bidder for cash before the door of the County Courthouse in Cobb County, Georgia, on the first Tuesday in September, 2025 (September 2, 2025), between the legal hours of sale, the property described on Exhibit A attached hereto and made a part hereof (the "Property"). The debt secured by the Security Deed has been and is hereby declared due and payable because of, among other possible events of default, the failure to make monthly payments under the Note when due. The debt remaining in default, this sale will be made for the purpose of paying the debt, including accrued interest, expenses of the sale, and attorney's fees, notice of intention to collect attorney's fees having been given in accordance with applicable law, as well as all other sums provided for under the Note and the Security Deed. The remaining proceeds, if any, shall be applied as provided by law. The Property will be sold as the property of Grantor. To the undersigned's best knowledge and information, Grantor is the party in possession of the Property. The Property will be sold "as is", without express or implied warranties of any kind, subject to: all zoning ordinances; matters that would be disclosed by an accurate survey or an inspection of the Property; any outstanding taxes and governmental assessments, including unpaid real and personal property ad valorem taxes; all outstanding bills for public utilities that constitute liens upon the Property; all restrictive covenants, easements, rights-of-way, assessments of record, and matters of record superior to the Security Deed. This sale will be conducted subject to (i) confirmation that it is not prohibited by the United States Bankruptcy Code, and (ii) the provisions of O.C.G.A. ?9-13-172.1 that permit the rescission of judicial and non-judicial foreclosure sales in Georgia in certain circumstances. The undersigned will execute a deed to the purchaser as provided in the Security Deed. The individual or entity with full authority to negotiate, amend, and modify the terms of the Note and the Security Deed is: First Bank, 13024 Ballantyne Corporate Place, Charlotte, North Carolina 28277 (Attn: Greg Jones); (980) 585-0766. However, such individual or entity is not required by law to negotiate, amend, or modify the terms of the Note or the Security Deed. By: First Bank, holder of the Note and Security Deed and Attorney-in-Fact for Grantor: c/o Robert R. Stubbs, Esq. (GA Bar No. 689750), Parker Poe Adams & Bernstein LLP, 1075 Peachtree Street NE, Suite 1500, Atlanta, Georgia 30309; bobstubbs@parkerpoe.com; (404) 665-1250. THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A (Legal Description) All that tract or parcel of land lying and being in Land Lot 490 of the 17th District, 2nd Section of Cobb County, Georgia, being a portion of Lots 6 and 7 of Property of J. H. Taylor, as more particularly shown and delineated by that certain plat of survey recorded in Plat Book 5, Page 81, Cobb County, Georgia records, which said plat of survey is incorporated herein and made a part hereof by reference for a more complete description, being known as 2435 Dixie Avenue SE, Smyrna, GA 30080. Tax Parcel Number: 17051900190 LESS AND EXCEPT all that tract or parcel of land conveyed in that certain Right of Way Deed from Sherman L. Wigington to the Department of Transportation, dated April 4, 1985, filed April 9, 1985, recorded at Deed Book 3459, Page 197, Cobb County, Georgia records; and FURTHER LESS AND EXCEPT all that tract or parcel of land conveyed in that certain Right of Way Deed from Sherman L. Wigington to the Department of Transportation, dated May 5, 1986, filed May 6, 1986, recorded at Deed Book 3923, Page 64, Cobb County, Georgia records. 8:8,15,22,29-2025