By Virtue of the Power of Sale contained in the Deed to Secure Debt executed on December 3, 1997, by JOSEPH HERNDON III and LINDA HERNDON of Jeff Davis County, Georgia, to THE BANK OF LUMBER CITY, a banking institution with offices in Lumber City, Telfair County, Georgia, said Security Deed filed for record on December 3, 1997, and recorded in Deed Book #308, Folio #26, in the Office of the Clerk of Superior Court of Appling County, Georgia, there will be sold at public auction before the Courthouse door in Appling County, Georgia, to the highest bidder for cash, by THE BANK OF LUMBER CITY, as attorney in fact for the said JOSEPH HERNDON III and LINDA HERNDON within the legal hours of sale on December 6, 2011, the first Tuesday in December, 2011, the following described property, to-wit:
All that tract or parcel of land situate, lying and being in Land Lot No. 293 of the Second Land District of Appling County, Georgia, containing 0.1762 acre and being two certain lots in Speer's Subdivision and Addition to the City of Baxley, being Lot No. 24, and Lot No. 25, Block 6, of said subdivision and being more particularly shown and described and having the metes, bounds, dimensions, courses and distances as shown for TRACT NO. 1 according to that certain plat thereof prepared by Southern Surveying Services, Inc., certified by Paul S. Buchele, dated Nov. 21, 1997, and recorded in Plat Book #14, Folio #364, Clerks Office, Appling County Superior Court, Appling County, Georgia, said plat by this reference hereto being incorporated herein and made a part hereof for all necessary purposes.
Said property is further described as being bounded, now or formerly, as follows: On the Northwest by Tollison Street; on the Northeast by Tract Two shown on the above referenced plat, being lands of Joseph Herndon III and Linda Herndon; on the South by lands of Bill W. Tomberlin; and on the Southwest day Lot No. 23 of Speers Addition to the City of Baxley, as shown on said plat.
Lot No. 24 is the same property conveyed from Frederick B. Roach to Joseph Herndon III by deed dated June 23, 1988, recorded in Deed Book #235, Folio #438, Appling County Records, and Lot No. 25 is a portion of that same property described in that certain deed from Jimmie Lee Holton and Mae Holton to Johnny Holton dated July 21, 1976, recorded in Deed Book #171, Folio #197, Appling County Records.
The above-described Security Deed was given to secure that certain Promissory Note from Joseph Herndon III and Linda Herndon to the Bank of Lumber City dated December 3, 1997, which was subsequently renewed by said Bank, with the renewal note dated November 6, 2009, being in the original principal amount of THIRTY-TWO THOUSAND ONE HUNDRED TWENTY AND 44/100--- $32,120.44 --- DOLLARS, with interest as specified in said Note, having been executed and delivered to the said Bank of Lumber City, being due and payable in 96 installments beginning on December 6, 2009, with a final payment due on November 6, 2017, and further securing any renewals of said note.
Said Note, or renewal note, is currently past due or in default and the Security Deed and Security Agreement, if applicable, securing same provide that in case of any default in the performance of any of the covenants or agreements or of any payment that the holder may declare the entire indebtedness due and payable at once.
The debt secured by the above-described Security Deed and Security Agreement have been and are hereby declared due because of, among other possible events of default, failure to pay in accordance with the terms of said Note. 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 as provided in said Note.
Said property will be sold subject to any outstanding tax liens, ad valorem taxes and/or assessments, if any, and subject to all easements of record, and is now in the possession of JOSEPH HERNDON III AND LINDA HERNDON to the best knowledge of Holder.
Notice has been given and is hereby given of intention to enforce provisions for collection of attorney's fees and costs of foreclosure in accordance with the legal requirements and the terms of said Note(s) and Deed to Secure Debt/Consumer Security Agreement.
The above-described property will be sold to the highest bidder for cash and the proceeds will be applied to said indebtedness, attorney's fees as specified in said Note(s), and the lawful expenses of said sale, all as provided in said Security Deed/Security Agreement, and a conveyance will be made to the purchaser at the sale as authorized by said Security Deed.
THE BANK OF LUMBER CITY
FOR JOSEPH HERNDON III and
Carla Roberts Powell
Attorney for Bank of Lumber City
Law Offices of
KEN W. SMITH, P.C.
P.O. Box 1745
Hazlehurst, GA 31539
11-9, 11-16, 11-23 & 11-30ch
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