NOTICE OF SALE UNDER POWER
G E O R G I A
ATHENS-CLARKE COUNTY
NOTICE OF SALE UNDER POWER
Because of defaults under the terms of that certain Promissory Note dated August 9, 2024 in the original amount of $27,186.96 (hereinafter the "Note"), said Note being secured in part by the real property described in that certain Deed to Secure Debt executed by CHADWICK P. BROWN to FIRST AMERICAN BANK AND TRUST COMPANY, dated June 29, 2016, recorded in Deed Book 04483, Pages 0340-0346 in the Office of the Clerk of Superior Court of Athens-Clarke County, Georgia; the Deed to Secure Debt being foreclosed upon being subject and inferior to an outstanding Deed to Secure Debt from Chadwick P. Brown to First American Bank and Trust Company dated January 13, 2014, recorded in Deed Book 04135, Pages 0330-0333 as modified by a Modification of Security Deed dated May 1, 2019 and recorded in Deed Book 04836, Page 0023, aforesaid Clerk's Office, hereinafter referred to as the "First Lien Indebtedness"; said default having been more than thirty (30) days and not having been made good in accordance with the terms and provisions of said Security Deed, FIRST AMERICAN BANK AND TRUST COMPANY, pursuant to said Deed to Secure Debt, and the Note secured thereby, has declared the entire amount of the indebtedness secured by said Deed to Secure Deed, due, payable, and collectible; and, pursuant to the power of sale contained in said Deed to Secure Debt, will on the first Tuesday in May, 2026, within the legal hours of sale before the Courthouse door in Athens-Clarke County, Georgia, sell at public outcry to the highest bidder for cash, the real property described in said Deed to Secure Debt, to wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1899th District, G.M., Athens-Clarke County, Georgia being known and designated as Lot B-5 of Lakewood Subdivision, Phase 1-A, containing 11,733 square feet, as shown on a plat of survey entitled "Final Plat for Lakewood – Phase 1-A", dated January 27, 2006, prepared by Woods & Chastain Surveyors, Inc., Ray N. Woods, Georgia Registered Land Surveyor No. 2049, said plat being recorded in Plat Book G, pages 38D,E,F,G and H, in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia, and being incorporated herein by reference for a more particular description.
The residence situate upon the above property is known and designated as 353 Edgewater Drive according to the present system of numbering houses in Athens-Clarke County, Georgia.
Also conveyed is a perpetual easement of ingress and egress over, across, and through all roadways in Lakewood – Phase 1-A as shown on the survey entitled "Final Plat for Lakewood – Phase 1-A" by Woods & Chastain Surveyors, Inc., Ray N. Woods, Registered Land Surveyor No. 2049, a copy of said plat being recorded in Plat Cabinet G, Folio 38-D,E,F,G and H in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia and being incorporated herein by reference for a more particular description.
PARCEL ID NO: 174B6 B005
To the best of the undersigned's information and belief, the address of the property is:
353 Edgewater Drive, Athens, Athens-Clarke County, Georgia
The above described property is also subject to the following Federal Tax Liens: (1) dated August 1, 2017, recorded in Book 424, Page 88; (2) June 1, 2018, recorded in Book 441, Page 247; (3) dated June 13, 2019, recorded in Book 460, Page 360; (4) dated October 4, 2021, recorded in Book 484, Page 300; and (5) dated December 4, 2025, recorded in Book 527, Page 520 aforesaid Clerk's Office, notice to the Internal Revenue Service being provided more than 25 days in advance of said sale by the undersigned in accordance with IRC §7425(c).
Said real property will be sold, a deed executed by the undersigned to purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and the Deed to Secure Debt containing said power.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial 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 in the preceding paragraph.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: First American Bank and Trust Company, c/o Fortson, Bentley and Griffin, P.A., 2500 Daniell's Bridge Road, Building 200, Suite 3A, Athens, Georgia, 706-548-1151. However, the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
Said property is being sold as the property of CHADWICK P. BROWN, and will be sold on an "as is" basis without any representation, warranty or recourse against the above named or the undersigned. The sale will also be subject to the following items which may affect the title: the First Lien Indebtedness; right of redemption of the Internal Revenue Service; any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Deed to Secure Debt.
This 3rd day of April, 2026.
FIRST AMERICAN BANK AND TRUST
COMPANY as Attorney-in-fact for
CHADWICK P. BROWN
FORTSON, BENTLEY AND GRIFFIN, P.A.
2500 DANIELL'S BRIDGE ROAD
BUILDING 200, SUITE 3A
ATHENS, GEORGIA 30606
(706) 548-1151
April 10, 17, 24, May 1 2026
LGSC0493337