Under and by virtue of the power of sale contained in that Deed to Secure Debt dated April 4, 2008, from MICHAEL P. MOSLEY to FNB SOUTH, recorded in Deed Book 443, page 795, in the office of the Clerk of Superior Court, Appling County, Georgia, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse in Appling County, Georgia, on the first Tuesday in November, 2012, to the highest bidder for cash, the following described property:
All that certain tract or parcel of land situate, lying and being in land Lot 31, 2nd Land District, City of Baxley, Appling County, Georgia, and being known and designated as Lot No. 14 of the J.I. Harrison Subdivision, said lot containing 0.401 acres, more or less, and being bounded generally, now or formerly as follows, to-wit: On the North by Lot No. 15 of said subdivision; on the East by the westernmost margin of the right-of-way of Beach Street; on the South by Lot No. 13 of said subdivision; and, on the West by Lot No. 21 of said subdivision. Said property being more particularly shown on that certain plat of survey prepared by Merlin J. Tomberlin, Registered Surveyor No. 2477, dated July 19, 1990, and recorded in Appling County Plat Book 12, Page 200. Said plat and the record thereof being by reference incorporated herein and made a part and parcel of this description.
The debt secured by said Deed to Secure Debt is evidenced by a note dated April 4, 2008, renewal note dated August 18, 2008 and renewal note dated October 28, 2011, in favor of FNB SOUTH. The debt secured by said Deed to Secure Debt and evidenced by said note and renewal thereof has been and is hereby declared due and payable because of the Grantor's failure to comply with certain terms and conditions in said note and Deed to Secure Debt, including, 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 said indebtedness including all accrued and unpaid interest thereon, attorney fees and all expenses of said sale.
The property will be sold as the property of Michael P. Mosley who is, to the best of the undersigned's knowledge and belief, the party in possession of said property.
Notice has been and is hereby given of intention to enforce provisions for collection of attorney's fees and foreclosure expenses in accordance with legal requirements and the terms of said note and Deed to Secure Debt.
The person that has full authority to negotiate, amend, and modify all the terms of the Deed to Secure Debt with the Debtor is W. Marshall Anderson, FNB South, 198 West Parker Street, Baxley, GA. Please understand that the secured creditor is not required by law to negotiate, mend, or modify the terms of the Deed to Secure Debt or Note.
Terms: Cash. Purchaser to pay for title, State of Georgia real estate transfer tax and all taxes that may be due on said real property. Said property will be sold subject to any and all unpaid taxes, assessments, liens, encumbrances, restrictions, covenants, and matters of record, if any.
The proceeds of said sale will be applied to said indebtedness owed to the undersigned and all expenses of said sale, including attorney fees, all as provided in said Deed to Secure Debt, and the balance, if any, will be distributed as provided by law.
FNB SOUTH, ATTORNEY IN FACT
FOR MICHAEL P. MOSLEY
STEPHEN E. TILLMAN
ATTORNEY AT LAW
4 South Lee Street
Baxley, Georgia 31513
10-10, 10-17, 10-24 & 10-31