Under and by virtue of the Power of Sale contained in that certain Security Deed from PATRICK MALONE to ATLANTIC COAST BANK, dated May 15, 2008 and recorded in Deed Book 445, Pages 593-598, in the original principal sum of One Hundred Seventy Thousand Dollars and 00/100 ($170,000.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Appling County, Georgia, within the legal hours of sale on the first Tuesday in April, 2013, the property described on Exhibit “A” attached hereto and incorporated herein by reference.
The debt secured by said Security Deed has been and is hereby declared due because of, 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 the same and all expenses of this sale, including attorney's fees (notice of intent to collect attorney’s fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the security deed with the debtor is: Atlantic Coast Bank, 505 Haines Avenue, P.O. Box 1256, Waycross, GA 31501, 800-234-0642. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the security deed.
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 maters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Patrick Malone, Shannon Malone or a tenant or tenants and said property is more commonly known as 746 Jimmie Ree Lane, Bristol, Appling County, Georgia, 31518.
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.
ATLANTIC COAST BANK
Attorney-in-Fact for
PATRICK MALONE
CLINT L. LOTT, IV, LLC
ATTORNEY FOR ATLANTIC COAST FEDERAL
416 EAST BRYAN STREET
DOUGLAS, GEORGIA 31533
EXHIBIT A
LEGAL DESCRIPTION
All that tract or parcel of land, lying and being inland Lot No. 167 of the Fourth Land District of Appling County, Georgia, consisting of 1.568 acres, more or less, being LOT NO. 24 of Miles Landing Community Subdivision, and being bound now or formerly as follows: Northerly by a 50’ road Easterly by Lot No. 23 of said subdivision, Southerly by Lake Henry Grady, and Westerly by Lot No. 25 of said subdivision.
For a more particular description reference is hereby made to a survey and plat thereof prepared by Denean W. Dixon, GRLS No. 1647, dated July 1, 2002, recorded in Plat Book 9, Page 353, in the Office of the Clerk of Superior Court of Appling County, Georgia, and incorporated herein for all purposes.
This conveyance is subject to Declaration of Restrictions, Covenants, Limitations, Conditions, Reservations and Easements Applicable to Miles Landing Community Subdivision, Appling County, Georgia, recorded in the Office of the Clerk of superior Court, Appling County, Georgia, in Deed Book 362, Page 757; and as amended by First Amendment dated March 2, 2004, recorded in Deed Book 388, Page 63, said records; and as further amended by Second Amendment dated June 1, 2005, recorded in Deed Book 407, Page 250, said records.
CLINT L. LOTT, IV, LLC
Clint L. Lott, IV Attorney at Law 0912-383-8168 (office) 416 East Bryan Street clint@clottlaw.com Douglas, GA 31533 0912-384-5839 (facsimile)
3-6, 3-13, 3-20 & 3-27ch
gpn11 STATE OF GEORGIA COUNTY OF APPLING NOTICE OF SALE UNDER POWER 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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