Under and by virtue of the Power of Sale contained in a Security Deed given by RONNIE L. CARTER to BAXLEY FEDERAL BANK, dated May 23, 2001, recorded in Deed Book 347, Page 453 and assigned by Assignment recorded in Deed Book 477, Pages 690-699, Appling County, Georgia Records, conveying the after-described property to secure a Note in the amount of Forty-Four Thousand Dollars and 00/100 ($44,000.00) 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 Appling County, Georgia, within the legal hours of sale on the first Tuesday in November, 2012 the following described property:
TRACT 1: All that tract or parcel of land lying and being in the Second Land District, portion of Land Lot No. 331 of Baxley, Appling County, Georgia, and being described as follows: Beginning at a point South 89 degrees 25 minutes East a distance of 100 feet from the north right of way intersection of Robin Street with the east right of way intersection of Dunn Street; thence running from said point of beginning North 3 degrees 02 minutes West along the east property line of John Pearson for a distance of 144.5 feet; thence running South 10 degrees 50 minutes East a distance of 147.12 feet to the north right of way of Robin Street; thence running North 89 degrees 25 minutes West along the north right of way of Robin Street for a distance of 20 feet to the point of beginning. The above tract of land being triangular in shape and being bound: North and East by other property of Ronnie L. Carter; South by Robin Street; and West by property of John Pearson. Reference made to a survey by Merlin J. Tomberlin, Surveyor, dated March 17, 1980, for a full and more accurate description.
TRACT 2: All that certain tract or parcel of land situate, lying and being in the Second Land District of Appling County, Georgia, and being more particularly described as Land Lot No. 331. Beginning at a point on the north side of Robin Street. This point being 120 feet from the northeast intersection of Robin Street and an un-named street. Thence running from the point of beginning North 10 degrees 00 minutes West for a distance of 144.5 feet. Thence running South 87 degrees 28 minutes East for a distance of 83 feet. Thence running South 17 degrees 00 minutes East for a distance of 145 feet. Thence running North 89 degrees 00 minutes West along the north side of Robin Street for a distance of 100 feet to the point of beginning. Being bounded, now or formerly, as follows: On the North, East, and West by property of J. P. Morris, and on the South by Robin Street.
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 said Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees 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), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Pursuant to O. C. G. A. §44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above described mortgage is as follows: BANK OF THE OZARKS, 17901CHENAL PARKWAY, LITTLE ROCK, ARKANSAS 72223 Telephone: 678-450-8550. The foregoing notwithstanding, nothing in O. C. G. A.§44-14-162.2 shall be construed to require BANK OF THE OZARKS to negotiate, amend or modify the terms of the Deed to Secure Debt described herein..
To the best knowledge and belief of the undersigned, the party in possession of the property is RONNIE L. CARTER or a tenant or tenants.
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.
This the 18th day of September, 2012.
BANK OF THE OZARKS, AS SUCCESSOR IN INTEREST TO, AND ASSIGNEE OF, THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF THE PARK AVENUE BANK, VALDOSTA, GEORGIA SUCCESSOR BY MERGER WITH BAXLEY FEDERAL BANK AS ATTORNEY IN FACT FOR RONNIE L. CARTER
DAVID M. WOLFSON, P.C.
Attorney at Law
1010 Williams Street
Valdosta, GA 31601
State Bar No: 773395
10-10, 10-17, 10-25 & 10-31
gpn11 NOTICE OF SALE UNDER POWER GEORGIA, APPLING COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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