Under and by virtue of the power of sale contained in that deed to secure debt dated March 2, 2006, from Donna Branch, Linda M. Cox and James W. Cox Jr. to Peoples State Bank & Trust, recorded in Deed Book 414, page 151, in the Office of the Clerk of Superior Court of Appling County, Georgia, assigned to Stephen B. Smith by assignment dated June 29, 2012, the undersigned will sell at public outcry during the legal hours of sale before the front door of the Courthouse in Appling County, Georgia, on the first Tuesday in August, 2012, to the highest bidder for cash, the following described property owned by Donna Branch, located on 5056 Hatch Parkway North, Baxley, Appling County, Georgia 31513, to-wit:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 5.326 acres, more or less, of Land Lot No. 437, and being more accurately described according to the courses, metes and bounds of that certain survey and plat thereof by Merlin J. Tomberlin, dated September 14, 1998, which plat is recorded in Plat Book 14, page 526 in the office of the Clerk of Superior Court of Appling County, Georgia, which said plat is incorporated herein and made a part hereof for all purposes. This being the same tract of land as conveyed from Jerry M. Tomberlin and Wade C. Moody by deed dated June14, 1999 and recorded in Deed Book 326, page 632 in the records of Appling County, Georgia.
The debt secured by said deed to secure debt is evidenced by a note in favor of Peoples State Bank & Trust (the Bank) dated July 23, 2007, being a renewal of a prior note, assigned to Stephen B. Smith by assignment dated June 29, 2012. The debt secured by said deed to secure debt and evidenced by said note has been declared due and payable because of the failure of the Donna Branch to comply with certain terms and conditions in said note and deed to secure debt. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness including all accrued and unpaid interest thereon and attorney fees and all expenses of said sale.
The property will be sold as the property of Donna Branch, who, to the best of the undersigned's knowledge and belief, is the party in possession of said property.
Notice has been and is hereby given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with legal requirements and the terms of said note and deed to secure debt.
Said property will be sold subject to any and all unpaid taxes, assessments, general subdivision restrictions, if any, and other restrictions, easements and liens of record, if any.
The proceeds of the sale will be used as follows: (1) to pay the expenses of said sale; (2) to pay the sums secured by said deed; (3) the balance if any to Donna Branch.
STEPHEN B. SMITH
Attorney in Fact for Donna Branch
J. ALEXANDER JOHNSON PC
132 West Parker Street
Baxley, Georgia 31513
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
7-11, 7-18, 7-25 & 8-1ch
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