gpn11 NOTICE OF SALE UNDER POWER GEORGIA, APPLING COUNTY

Under and by virtue of the power of sale contained in that deed to secure debt dated
February 21, 2006, from Gregory P. Dubberly to Community Bank of Georgia, recorded in Deed Book 413, page 578, in the Office of the Clerk of Superior Court of Appling County, Georgia, 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 April, 2011, to the highest bidder for cash, the following described property, to-wit:
Tract One: All that tract or parcel of land lying and being in Land Lot No. 293 of the Second Land District of Appling County, Georgia, consisting of 1.000 acres, more or less, being shown as TRACT 1 on the hereinbelow referred to plat of survey, and being more particularly described as follows: Commencing at the Northeast corner of Land Lot No. 293 thence along and with the eastern land lot line of Land Lot No. 293 South 00°09’03” East 552.98 feet to a point; thence South 74°34’25” West 384.72 feet to the POINT OF BEGINNING; thence South 74°32’18” West 36.67 to a point; thence North 15°25’16” West 113.36 feet to a point; thence South 74°32’18” West 113.36 feet to a point located on the eastern right of way of Pine Street (40’ ROW); thence along and with the eastern right of way of Pine Street North 15°25’16” West 256.64 feet to a point; thence North 74°34’25” East 155.00 feet to a point; thence South 14°39’08” East 370.03 feet to the Point of Beginning.
Tract Two: All that tract or parcel of land lying and being in Land Lot No. 293 of the Second Land District of Appling County, Georgia, consisting of 0.295 acres, more or less, being shown as TRACT 3 on the hereinbelow referred to plat of survey, and being more particularly described as follows: Commencing at the Northeast corner of Land Lot No. 293 thence along and with the eastern land lot line of Land Lot No. 293 South 00°09’03” East 552.98 feet to a point; thence South 74°34’25” West 384.72 feet to a point; thence South 74°32’18” West 36.67 feet to the POINT OF BEGINNING; thence South 74°32’18” West 113.36 feet to a point located on the eastern right of way of Pine Street (40’ ROW); thence along and with the eastern right of way of Pine Street North 15°25’16” West 113.36 feet to a point; thence North 74°32’18” East 113.36 feet to a point; thence South 15°25’16” East 113.36 feet to the Point of Beginning.
Tract Three: All that tract or parcel of land lying and being in Land Lot No. 293 of the Second Land District of Appling County, Georgia, consisting of 0.068 acre, more or less, being shown as TRACT 2 on the hereinbelow referred to plat of survey, and being more particularly described as follows: Commencing at the Northeast corner of Land Lot No. 293 thence along and with the eastern land lot line of Land Lot No. 293 South 00°09’03” East 552.98 feet to a point; thence South 74° 34’25” West 384.72 feet to the POINT OF BEGINNING; thence North 14°39’08” West 370.03 feet to a point; thence North 74°34’25” East 16.00 feet to a point; thence South 12°10’38” East 370.50 feet to the Point of Beginning.
For a more particular description reference is hereby made to a survey and plat thereof prepared by Merlin J. Tomberlin, GRLS No. 2477, dated April 29, 2004, recorded in the Office of the Clerk of Superior Court of Appling County, Georgia, in Plat Book 18, Page 189, and incorporated herein for all purposes.
This being the same property conveyed to Michael T. Brand and Deidre R. Brand from the Estate of Robert L. Varnadore by deed dated March 17, 2000, recorded in the Office of the Clerk of Superior Court of Appling County, Georgia, in Deed Book 335, Page 44.
Tract Four: All that tract or parcel of land lying and being in Land Lot No. 192 of the Second Land District of Appling County, Georgia, consisting of 1.000 acre, more or less, being designated as LOT 5 on that certain survey and plat thereof prepared by Denean W. Dixon, GRLS No. 1647, dated February 20, 2002, revised June 10, 2002, recorded in the Office of the Clerk of Superior Court of Appling County, Georgia, in Plat Book 16, Page 657, and incorporated herein for all purposes.
This conveyance is subject to Declaration of Restrictions, Covenants, Limitations, Conditions, Reservations and Easements Applicable to Fairway Woods, a Development of Appling Country Club, Inc., recorded in the Office of the Clerk of Superior Court, Appling County, Georgia.
This being the same property conveyed to Gregory Paul Dubberly by deed from Appling Country Club Inc. dated March 17, 2005, recorded in the Office of the Clerk of Superior Court of Appling County, Georgia in Deed Book 401, page 669.
Tract Five: All that tract or parcel of land lying, being and situated in Land Lot No. 349 of the Second Land District of Appling County, Georgia, consisting of 0.510 acre, more or less, being designated as TRACT NO. 1 on that certain survey and plat thereof prepared by Copeland & Associates, certified by Walter P. Copeland, GRLS No. 2271, dated August 6, 2001, recorded in the Office of the Clerk of Superior Court of Appling County, Georgia, in Plat Book 15, Page 504, and incorporated herein for all purposes. Said property being bound, now or formerly, as follows: North by Tract No. 2 on the above referenced plat; East by the western right of way of Max Deen Loop (aka Max Deen Drive); South by lands of Dr. Omer McLean; and West by Lake Mayers.
ALSO CONVEYED are all of Grantor’s right, title and interest in and to that certain easement from Bernon W. Sapp and James L. Lott dated June 13, 2000, recorded in the Office of the Clerk of Superior Court of Appling County, Georgia, in Deed Book 337, Page 392.
This being the same property conveyed to Gregory P. Dubberly from Carroll Williams by deed dated August 10, 2005, recorded in the Office of the Clerk of Superior Court of Appling County, Georgia, in Deed Book 406, Page 607.
The debt secured by said deed to secure debt is evidenced by a renewal note in favor of Community Bank of Georgia (the “Bank”) dated February 18, 2009. 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 Grantor therein 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 Gregory P. Dubberly, 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; and subject to confirmation the sale is not prohibited under the U.S. Bankruptcy Code.
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 Gregory P. Dubberly.
COMMUNITY BANK OF GEORGIA
Attorney in Fact for Gregory P. Dubberly
J. ALEXANDER JOHNSON PC
132 West Parker Street
Baxley, Georgia 31513
912-367-9000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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