NOTICE OF SALE UNDER POWER GEORGIA, NEWTON COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Henry Clark, Lucy Clark to The CIT GROUP/CONSUMER FINANCE, INC. dated December 26, 2002, recorded in Deed Book 1346, Page 238, Newton County, Georgia Records, as last transferred to Apex Bank by assignment recorded in Deed Book 3538, Page 173, Newton County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-NINE THOUSAND TWO HUNDRED FIFTY AND 0/100 DOLLARS ($89,250.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Newton County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in January, 2025, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 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 attorney's fees (notice pursuant to O.C.G.A. ASS 13-1-11 having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and any matters of record including, but not limited to, those superior to the Security Deed first set out above. Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named or the undersigned. Apex Bank is the holder of the Security Deed to the property in accordance with OCGA ASS 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: APEX Bank, 9721 Sherrill Blvd, Suite 200, Knoxville, TN 37932, 8888632739. Note, however, that such entity is not required by law to negotiate, amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party in possession of the property is Myrtis Weaver Clark as Administrator of the Estate of Henry James Clark, Henry Clark and Lucy Clark or a tenant or tenants and said property is more commonly known as 5126 Eberhardt St, Covington, GA 30014. Should a conflict arise between the property address and the legal description the legal description will control. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Apex Bank as Attorney in Fact for Henry Clark, Lucy Clark McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Rd Roswell, GA 30076 www.foreclosurehotline.net 24-16066GA EXHIBIT "A" ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE CITY OF COVINGTON, NEWTON COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERN LINE OF THE RIGHT-OF-WAY OF EBERHARDT STREET A POINT 101.0 FEET, AS MEASURED IN AN EASTERN DIRECTION ALONG THE NORTHERN LINE OF THE RIGHT-OF-WAY OF SAID EBERHARDT STREET, FROM THE EASTERN LINE OF THE RIGHT-OF-WAY OF BERRY STREET; THENCE NORTH 01 DEGREES 00 MINUTES EAST A DISTANCE OF 161.7 FEET; THENCE SOUTH 64 DEGREES 46 MINUTES EAST A DISTANCE OF 105.7 FEET; THENCE SOUTH 00 DEGREES 30 MINUTES WEST A DISTANCE OF 100.7 FEET TO THE NORTHERN LINE OF THE RIGHT-OF-WAY OF SAID EBERHARDT STREET; AND THENCE NORTH 97 DEGREES 37 MINUTES WEST ALONG THE NORTHERN LINE OF THE RIGHT-OF-WAY OF SAID EBERHARDT STREET A DISTANCE OF 97.3 FEET TO THE POINT OF BEGINNING MR / January 7, 2025 Our file no. 24-16066GA-FT17 24-16066GA PUBLIC NOTICE #701475 12/8,15,22,29