Under and by virtue of the power of sale in that certain Security Deed from Ben J. Deal and Amelia D. Deal (hereinafter referred to as "Grantor"), to Prime South Bank, ("Grantee"), dated April 27, 2009, and recorded in Book 35-K, Pages 101-109, Wayne County, Georgia records, and in that certain Security Deed from Ben J. Deal and Amelia D. Deal to PrimeSouth Bank dated April 27, 2009, and recorded in Book 457, Pages 1-9, Appling County, Georgia records, (the "Security Deeds") the said Security Deeds having been given to secure a Promissory Note dated September 4, 2014, in the original principal amount of $394,392.73, with interest from date thereon at the rate specified therein on the unpaid balance until paid, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the courthouse of Appling County, Georgia, on Tuesday, November 3. 2015, to the highest and best bidder for cash the following described property:
All that tract or parcel of land consisting of 327.51 acres, lying in part of Land Lot 215, Fourth Land District of Appling County and also lying in part of Land Lots 246 and 247 of the Fourth Land District of Wayne County, Georgia. Said tract of land is bounded,now or formerly as follows:North in part by the run of Coleman Creek and in part by Carolyn M.Aldridge; East in part by lands of Roana R. Deal and in part by a certain 80' highway. South in part by the southern land lot lines of land lot 246 and land lot 215 and in part by A.J.Deal;and West in part by A.J.Deal and in part by A.J.Deal,et al and in part by Carolyn M.Aldridge, and in part by James C. Todd and in part by Lloyd W. Dyals. Said land being more accurately shown on a survey and plat thereof by Merlin J. Tomberlin, dated December 15, 1992, which is recorded in Plat Book 28, Page 83 in the Office of the Clerk of Superior Court of Wayne County, Georgia and also recorded in Plat Book 13, Page 39, in the Office of the Clerk of Superior Court of Appling County, Georgia.
All that tract or parcel of land lying and being in the Fourth Land District of Appling County, Georgia, consisting of 1.605 acres more or less, of original Land Lot Number 215 and being bounded now or formerly as follows: On the North by lands of Benny J. Deal;on the South by the southern land lot line of Land Lot 215; on the East by lands of Benny J.Deal; and on the West by lands of A. J. Deal. Said property is specifically described as follows: To find the point of beginning go to the southeast comer point of original Land Lot 215 and from said corner point proceed North 89 degrees 44 minutes 43 seconds West a distance of 1,454.79 feet to the point of beginning; from said point of beginning proceed North 89 degrees 44 minutes 43 seconds West a distance of 222 feet; thence turn and run North O degree 23 minutes 21 seconds East a distance of 315 feet; thence turn and run South 89 degrees 44 minutes 43 seconds East a distance of 222 feet; thence turn and run South O degree 23 minutes 21 seconds West a distance of 315 feet to the point of beginning. Said tract of land being more fully described on a survey and plat thereof by Merlin J.Tomberlin, dated June 30, 1990, and recorded in the office of the Clerk of Superior Court of Appling County, Georgia,in Plat Book 12, page 197.
This being the same property conveyed to Edward H.Davis, Jr. and Sharon Marie Davis by deed dated July 1990, and recorded In the office of the Clerk of Superior Court of Appling County, Georgia, in Deed Book 247, Page 787.
DUE TO THE FACT THAT THE ABOVE-DESCRI BED TRACT 1 IS LOCATED IN WAYNE COUNTY AND APPLING COUNTY, THIS LEGAL ADVERTISEMENT IS BEING PUBLISHED BOTH IN WAYNE COUNTY AND APPLING COUNTY. ALL POTENTIAL PURCHASERS ARE HEREBY PUT ON NOTICE THAT TRACT 1WILL BE SOLD AS A WHOLE AND THAT THE SALE OF BOTH THE WAYNE COUNTY PORTION OF TRACT 1AND THE APPLING COUNTY PORTION OF TRACT 1WILL BE CONDUCTED ON THE SALE DATE ON THE STEPS OF THE COURTHOUSE IN APPLING COUNTY AND NOT IN WAYNE COUNTY.
TOGETHER WITH all the improvements erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock, and all fixtures a part of the property, replacements and additions.
The indebtedness secured by said Security Deeds and Note has been and is hereby declared due and payable in full because of Grantor's failure to make payment of principal and interest required in the Note and the Security Deeds. Notice has been given of intention to enforce provisions for collection of attorney's fees and of foreclosure in accordance with legal requirements and the terms of the Security Deeds and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Security Deeds, accrued interest and expenses of the sale and other sums secured by the Security Deed including attorney's fees, and the remainder, if any, shall be applied as provided by law.
The name, address, and telephone number of the individual or entity who has authority to negotiate, amend, and modify all terms of said Deed to Secure Debt and the said Promissory Note is as follows:
Rick Larson PrimeSouth Bank
P.O. Box 189 Blackshear, Georgia 31516
To the best knowledge and belief of the undersigned the property will be sold as the property of Ben J. Deal and Amelia D. Deal subject to outstanding ad valorem taxes, street improvements and other superior matters of record if any. The undersigned will execute a deed to the purchaser at said sale as provided in the Security Deeds.
as attorney-in-fact for
Ben J. Deal and Amelia D. Deal
Dan Bennett Attorney at Law
P.O. Drawer 369 Blackshear, Georgia 31516 (912) 449-9392
10/7, 10/14, 10/21, 10/28ch
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