Under and by virtue of the Power of Sale contained in a Security Deed given by ALAN M. HAYSMAN to THE PARK AVENUE BANK, dated December 13, 2004, recorded in Deed Book 398, Pages 725-729 and assigned to Bank of the Ozarks, as Successor in Interest to, and Assignee of, The Federal Deposit Insurance Corporation, as Receiver of The Park Avenue Bank by Assignment recorded in Deed Book 477, Pages 690-699, Appling County, Georgia Records, conveying the after-described property to secure two Notes in the total amount of One Hundred Twenty-Five Thousand Dollars and 00/100 ($125,000.00) 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 May, 2014 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, and being more particularly described as follows:
Commencing at the point of intersection of the southern right of way of a paved road running between State Highway 15 and City Circle Road designated as Project GRI-5493(4) and now known as Lakeview Drive, with western right of way of Stephens Street (formerly referred to as Joey Lane), thence running South 16E 45' East along and with the western right of way of Stephens Street a distance of 320 feet to the point of beginning; thence continuing South 16E 45' East 150 feet to a point; thence South 74E 00' West 158 feet to a point; thence North 16E 45' West 150 feet to a point; thence 74E 00' East 158 feet to the point of beginning. This description according to a plat of survey by Merlin J. Tomberlin, GRLS #2477, dated September 4, 1990, which plat is recorded in Plat Book 12, Page 225, Appling County Records, and incorporated herein and made a part hereof for all purposes. This conveyance includes fishing, boating and recreational rights to the 10 acre lake adjoining the above described property on the west, and all other rights with respect to said lake as set forth in that certain deed from Joe E. and Anna Deane Wilson to John J. and Elaine T. Stephens dated June 20, 1980, recorded in Appling County Deed Book 190, Page 343.
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: 229-242-7758. 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 ALAN M. HAYSMAN 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 27th day of March, 2014.
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 AS ATTORNEY IN FACT FOR ALAN M. HAYSMAN
DAVID M. WOLFSON, P.C.
Attorney at Law
1010 Williams Street
Valdosta, GA 31601
State Bar No: 773395
4-9, 4-16, 4-23 & 4-30ch
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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