gpn11 NOTICE OF SALE UNDER POWER IN REAL ESTATE DEED TO SECURE DEBT ...

PURSUANT TO AND IN ACCORDANCE WITH and UNDER AND BY VIRTUE of the power of sale and other rights, entitlements, and remedies contained in that certain Real Estate Deed to Secure Debt between (from) WILTON OLIVER (hereinafter referred to as the Borrower) and (to) PRIMESOUTH BANK (hereinafter referred to as the Lender), dated 08-06-2008, and recorded in the Office of the Clerk of Superior Court of APPLING County, Georgia at Deed Book 499, at Pages 440-448 on or about August 22, 2008, the said PRIMESOUTH BANK will sell at public outcry, to the highest bidder for cash or certified funds, before the courthouse door of APPLING County, Georgia, within the legal hours of sale on the first Tuesday in DECEMBER, 2011, the following described property (hereinafter referred to as the Premises):
TRACT ONE: All of that certain tract or parcel of land situate, lying and being in Land Lots 496 and 497 of the Third Land District of Appling County, Georgia containing 0.36 acres, more or less, and being more particularly shown and described as Tract 23 on that certain plat of survey prepared by George M. Ferreira, Georgia R.L.S. Number 2607, under date of July 23, 2008 and recorded in the Office of the Clerk of Superior Court, Appling County, Georgia in Plat Book 17, Page 96.
TRACT TWO: All of that certain tract or parcel of land situate, lying and being in Land Lots 496 and 497 of the Third Land District of Appling County, Georgia containing 0.34 acres, more or less, and being more particularly shown and described as Tract 24 on that certain plat of survey prepared by George M. Ferreira, Georgia R.L.S. Number 2607, under date of July 23, 2008 and recorded in the Office of the Clerk of Superior Court, Appling County, Georgia in Plat Book 17, Page 96.
TRACT THREE: all of that certain tract or parcel of land situate, lying and being in Land Lots 496 and 497 of the Third Land District of Appling County, Georgia containing 0.34 acres, more or less, and being more particularly shown and described as Tract 25 on that certain plat of survey prepared by George M. Ferreira, Georgia R.L.S. Number 2607, under date of July 23, 2008 and recorded in the Office of the Clerk of Superior Court, Appling County, Georgia in Plat Book 17, Page 96.
TRACT FOUR: All of that certain tract or parcel of land situate, lying and being in Land Lots 496 and 497 of the Third Land District of Appling County, Georgia containing 0.35 acres, more or less, and being more particularly shown and described as Tract 26 on that certain plat of survey prepared by George M. Ferreira, Georgia R.L.S. Number 2607, under date of July 23, 2008 and recorded in the Office of the Clerk of Superior Court, Appling County, Georgia in Plat Book 17, Page 96.
TRACT FIVE: All of that certain tract or parcel of land situate, lying and being in Land Lots 496 and 497 of the Third Land District of Appling County, Georgia containing 0.43 acres, more or less, and being more particularly shown and described as Tract 29 on that certain plat of survey prepared by George M. Ferreira, Georgia R.L.S. Number 2607, under date of July 23, 2008 and recorded in the Office of the Clerk of Superior Court, Appling County, Georgia in Plat Book 17, Page 96.
The said Real Estate Deed to Secure Debt secures the indebtedness now evidenced by that certain Promissory Note from the Borrower, WILTON OLIVER, to the lender, PRIMESOUTH BANK, dated August 6, 2008, in the original principal amount of $118,675.00 and all renewals, additions, and extensions thereof, if any, and also including any other indebtedness of Borrower to lender that is actually secured by the said REAL ESTATE DEED TO SECURE DEBT.
The debt and indebtedness secured by the said Real Estate Deed to Secure Debt and as shown in the underlying said Promissory Note has been and is hereby declared due and payable in full because of Borrowers failure to comply with certain terms and conditions of, including a default in payment of, the said Real Estate Deed to Secure Debt and the said Promissory Note. Notice has been given of the acceleration of the indebtedness and the intention to enforce provisions for collection of attorneys fees and foreclosure in accordance with legal requirements and the terms of the said Real Estate Deed to Secure Debt and the said Promissory Note. Due to the indebtedness being and remaining in default, the sale will be made for the purpose of applying proceeds thereof for (1) the payment of the expenses of said sale; (2) the payment of the indebtedness secured by the Real Estate Deed to Secure Debt, including accrued interest and any other sums secured by the said Real Estate Deed to Secure Debt; and (3) the remainder if any shall be applied as provided by law and/or in accordance with the said Real Estate Deed to Secure Debt.
To the best of the knowledge of Lender, the Premises are in possession of Borrower or those claiming by, through or under Borrower. Consequently, said property will be sold as the property of Borrower. The lender as Attorney-in-fact for Borrower will execute a deed under power of sale or foreclosure deed to the purchaser at or following said sale as provided in the Real Estate Deed to Secure Debt or as otherwise required by law.
The Premises will be sold subject to (i) all unpaid taxes and assessments, if any; and (ii) all matters that would be disclosed by a current and accurate survey and inspection of the premises, if any; and (iii) all senior and superior easements, senior liens or senior mortgages, senior limitations, restrictions, reservations, covenants, general subdivision restrictions and any other senior recorded encumbrances of record, if any.
The name, address, and telephone number of the individual or entity who has authority to negotiate, amend, and modify all terms of the said Real Estate Deed to Secure Debt and the said Promissory Note is as follows:
Randy Teston
PrimeSouth Bank
375 W. Cherry Street
Jesup, Georgia 31545
Telephone: (912) 427-6670
David Michael Conner, Esq.
The Conner Law Group, P.C.
761 East Cherry Street
Jesup, Georgia 31546
912-427-9870
As Attorney in Fact for
PRIMESOUTH BANK
375 West Cherry Street
Jesup, Georgia 31545
(912) 427-6670
11-9, 11-16, 11-23 & 11-30ch