NOTICE OF

FORECLOSURE

SALE UNDER POWER

STATE OF GEORGIA

MURRAY COUNTY

By virtue of the power of sale contained in: 1) that certain Deed to Secure Debt (hereinafter jointly referred to along with any other Deeds to Secure Debt referred to herein as “Deed” or “Deeds”, as applicable) executed by Harold L. and Doyle W. Sutton, in favor of Georgia Development Authority, in the original principal amount of $255,000.00, dated July 30, 2001 and being recorded on August 7, 2001, in the Official Records of Murray County, Georgia, in Deed Book 391, at Page 505, said Deed having been assigned in favor of Sutton Family Partnership, LLLP on November 15, 2021, with said assignment being recorded in the Official Records of Murray County, Georgia, in Deed Book 1008, at Page 134; and 2) that certain Deed to Secure Debt (hereinafter jointly referred to along with any other Deeds to Secure Debt referred to herein as “Deed” or “Deeds”, as applicable) executed by Harold Sutton and Doyle Sutton, in favor of First Bank of Dalton, in the original principal amount of $194,177.00, dated April 24, 2013 and being recorded on May 24, 2013, in the Official Records of Murray County, Georgia, in Deed Book 787, at Page 514, said Deed having been assigned in favor of Sutton Family Partnership, LLLP on July 23, 2021, with said assignment being recorded in the Official Records of Murray County, Georgia, in Deed Book 998, Page 551; said Deeds being given to secure certain indebtedness referred to therein, including but not limited to, promissory notes in the sums heretofore specified, any renewals thereof, plus all accrued interest, there will be sold, by the undersigned, at public outcry, to the highest bidder, for cash, on the steps of the Murray County Courthouse in Murray County, Georgia, within the legal hours of sale, on the first Tuesday in June, 2022 (June 7, 2022), the property (hereinafter, the “Property”) more particularly described in Exhibit “A” attached hereto and made a part hereof by this reference.

The sale described herein is a result of the indebtedness(es) secured by said applicable Deeds and/or Notes having been, and being otherwise hereby, accelerated and declared due because of, among other possible events of default, failure to pay in accordance with the terms of said applicable Deeds and/or Notes. Said indebtedness(es) remaining in default, the sale specified herein will be held as provided by law and under the terms of said applicable Deeds. The proceeds of said sale shall be applied to the payment of said indebtedness(es), the expenses of this proceeding, including but not limited to, attorneys’ fees, and all other payments as provided for under the said applicable Deeds, Notes and by applicable law. The holder of the Deeds and/or Notes reserves the right to bid for and to purchase the Property and to credit its purchase price against the expenses of sale and the indebtedness secured by the Property.

Notice has been given of the intention to enforce provisions for the collection of attorneys’ fees and foreclosure in accordance with the legal requirements and the terms of said Deeds and Notes.

Said Property will be sold subject to all outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), assessments, liens, encumbrances, easements, zoning ordinances, restrictions, covenants, liens for unpaid utility and water bills, and other matters of record superior, if any, to the Deeds and the sale will be conducted subject to confirmation that is not stayed under the U.S. Bankruptcy Code and to final audit and confirmation of the loan with the holder of the Deeds and/or Notes.

Said Property will be sold on an "As Is, Where Is" basis without warranty or recourse, express or implied as to title, use and/or enjoyment. Said Property will also be sold subject to the right(s) of redemption of all parties entitled thereto, should any such rights exist.

The failure of any high bidders to pay the purchase price for the Property agreed at the sale and to close this sale in accordance with the terms agreed at the sale shall, at the at the sole discretion of the holder of the Deeds and/or Notes, be cause for rejection of the bid, and if the bid is rejected, the said holder of the Deeds and/or Notes shall have the option of making the sale to the next highest bidder appearing at the sale who is able, capable and willing to comply with the terms thereof.

This sale is subject to postponement or cancellation. Interested prospective bidders should, prior to the date of the sale, contact the below-listed attorney for the precise time of sale and to verify that sale shall be undertaken.

To the best knowledge, information and belief of the undersigned, the Property, commonly known as 85.95 acres located on Shields Road, Chatsworth, Georgia 30705, is in the possession of Harold L. Sutton and Doyle W. Sutton, or tenants thereof, and will be sold as the property of Harold L. Sutton and Doyle W. Sutton.

Sutton Family Partnership, LLLP, As Successor by Assignment from Georgia Development Authority, & As Successor by Assignment from First Bank of Dalton, & As Attorney in Fact for Harold L. Sutton and Doyle W. Sutton,

By: J. Heath Loftin, Esq.

Loftin, Withrock & Loftin, Attorney for Sutton Family Partnership, LLLP

P.O. Box 705

Dalton, Georgia 30722-0705

Telephone: (706) 529-8302

Email: heath.loftin@daltongalegal.com

EXHIBIT “A”

All that tract or parcel of land lying and being in Land Lot No. 21 of the 10th District and 3rd Section of Murray County, Georgia, being more particularly described as Tract No. 11, containing 28.24 acres, Tract No. 14, containing 38.18 acres, and Tract No. 15, containing 19.53 acres, for a total of 85.95 acres, according to a plat of survey prepared by N.B. DeLoach, Georgia Registered Land Surveyor No. 1347, dated June 18, 2001, and recorded in Plat Book 36, at Page 154, Murray County, Georgia Land Records, reference to which plat is hereby made and incorporated herein by reference.

For prior title, see Deed Book 391 Page 504, Murray County, Georgia Land Records.

(5/11,18,25,6/1/2022)

Posted 12/31/1969