Under and by virtue of the power of sale contained in that Deed to Secure Debt dated November 17, 2010, from TANYA M. MOSLEY to FNB SOUTH, recorded in Deed Book 472, page 744, in the office of the Clerk of Superior Court, Appling County, Georgia, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse in Appling County, Georgia, on the first Tuesday in November, 2012, to the highest bidder for cash, the following described property:
All that tract or parcel of land lying and being in Land Lot No. 284 of the Second Land District of Appling County, Georgia, consisting of 0.282 acre, more or less, being all of Lot 165, Block 7, Weatherly Park Subdivision, and being more particularly described as follows: Commencing at the point of intersection of the Southern right of way of Ricardo Street with the Western right of way of Colonial Avenue, and from said point run North 00 degree 18 minutes East along and with the Western right of way of Colonial Avenue a distance of 200 feet to the POINT OF BEGINNING; thence North 89 degrees 36 minutes West 123 feet to a point; thence North 00 degrees 17 minutes East a distance of 100 feet to a point; thence South 89 degrees 36 minutes East a distance of 123 feet to a point located on the Western right-of-way of Colonial Avenue; thence South 00 degrees 18 minutes West along and with the Western right-of-way of Colonial Avenue a distance of 100 feet to the Point of Beginning.
This property is bounded now or formerly, as follows: North by Lot 164, Block 7, Weatherly Park Subdivision; East by Colonial Avenue; South by Lot 166, Block 7, Weatherly Park Subdivision; and West by lands of Henry Collins.
For a more particular description, reference is hereby made to that certain according to a survey and plat thereof prepared by Denean W. Dixon, GRLS No. 1647, dated November 10, 1983, a recorded in Plat Book 10, page 334, of the records of the Clerk of Superior Court of Appling County, Georgia, and is incorporated herein for a more full and complete description and all other legal purposes.
This being the same and identical property conveyed from Dawn C. Melton f/k/a Dawn C. Serrano to Dawn C. Melton and Mark W. Melton by deed dated April 26, 1993, recorded in Deed Book 267, page 537 of the records of the Clerk of Superior Court of Appling County, Georgia.
The debt secured by said Deed to Secure Debt is evidenced by a note dated November 17, 2010, and renewal note dated October 28, 2011, in favor of FNB SOUTH. The debt secured by said Deed to Secure Debt and evidenced by said note and renewal thereof has been and is hereby declared due and payable because of the Grantor's failure to comply with certain terms and conditions in said note and Deed to Secure Debt, including, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness including all accrued and unpaid interest thereon, attorney fees and all expenses of said sale.
The property will be sold as the property of Tanya M. Mosley who is, to the best of the undersigned's knowledge and belief, 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 expenses in accordance with legal requirements and the terms of said note and Deed to Secure Debt.
The person that has full authority to negotiate, amend, and modify all the terms of the Deed to Secure Debt with the Debtor is W. Marshall Anderson, FNB South, 198 West Parker Street, Baxley, GA. Please understand that the secured creditor is not required by law to negotiate, mend, or modify the terms of the Deed to Secure Debt or Note.
Terms: Cash. Purchaser to pay for title, State of Georgia real estate transfer tax and all taxes that may be due on said real property. Said property will be sold subject to any and all unpaid taxes, assessments, liens, encumbrances, restrictions, covenants, and matters of record, if any.
The proceeds of said sale will be applied to said indebtedness owed to the undersigned and all expenses of said sale, including attorney fees, all as provided in said Deed to Secure Debt, and the balance, if any, will be distributed as provided by law.
FNB SOUTH, ATTORNEY IN FACT
FOR TANYA M. MOSLEY
STEPHEN E. TILLMAN
ATTORNEY AT LAW
4 South Lee Street
Baxley, Georgia 31513
10-10, 10-17, 10-24 & 10-31
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