PURSUANT TO AND IN ACCORDANCE WITH and UNDER AND BY VIRTUE of the power of sale and other rights, entitlements and remedies contained in (1) that certain Real Estate Deed to Secure Debt between (from) JOSEPH ROBERTS (hereinafter referred to as the (Grantor) and (to) PRIMESOUTH BANK - BLACKSHEAR (hereinafter referred to as the (Grantee), dated 07-21-2008, and recorded in the Office of the Clerk of Superior Court of Appling County, Georgia, DEED BOOK 448, at PAGES 163-171 on or about July 22, 2008, and (2) that certain Modification of Deed to Secure Debt between (from) JOSEPH ROBERTS and (to) PRIMESOUTH BANK - BLACKSHEAR, dated 05-13-2011, and recorded in the Office of the Clerk of Superior Court of APPLING County, Georgia at DEED BOOK 480, at PAGES 206-208 on or about August 31, 2011, 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 MARCH, 2013, the following described property (hereinafter referred to as the (Premises):
All that tract or parcel of land lying and being in Land Lot No. 335 of the Second Land District of Appling County, Georgia, consisting of 24.573 acres, more or less, being designated as TRACT 2 on that certain survey and plat thereof prepared by M. Jerry Tomberlin, G.R.L.S. No. 2942, dated August 25, 2004, recorded in the office of the Clerk of Superior Court of Appling County, Georgia, in Plat Book 18, page 349, and incorporated herein for all purposes.
Also conveyed is a non-exclusive perpetual access easement to the property herein described and identified as a 20-foot wide access easement on the above referenced plat of survey.
The said Real Estate Deed to Secure Debt and modification thereof secure the indebtedness now evidenced by that certain Promissory Note from Grantor, JOSEPH ROBERTS, to the Lender, PRIMESOUTH BANK - BLACKSHEAR, dated 01-06-2012, and all renewals, additions, and extensions thereof, if any, and also including any other indebtedness of the Grantor to the 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 the 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 attorney's 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 the Grantor or those claiming by, through or under Grantor. Consequently, said property will be sold as the property of the Grantor. The Lender as Attorney-in-fact for the Grantor will execute a deed under power of sale or foreclosure deed to the purchase 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 (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:
3473 Highway 84 West
Blackshear, Georgia 31516
DAVID MICHAEL CONNER, Esq.
The Conner Law Group, P. C.
711 East Cherry Street
Jesup, Georgia 31546
As Attorney-in-Fact for
3473 Highway 84 West
Blackshear, Georgia 31516
2-6, 2-13, 2-20 & 2-27ch
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