Under and by virtue of the power of sale contained in that Deed to Secure Debt dated May 10, 2007, from MICHAEL P. MOSLEY to FNB SOUTH, recorded in Deed Book 431, page 76, 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 tract or parcel of land lying and being in Land Lot No. 290 of the Second Land District of Appling County, Georgia, being all of LOTS NO. 47 AND 48, OF WILDEWOODS RESIDENTIAL COMMUNITY (SECTION 2), and being more particularly described according to the plat of said subdivision of F. B. Flournoy, GRLS No. 1302, recorded in Plat Book 9, page 174(A-C), in the Office of the Clerk of Superior Court of Appling County, Georgia, and incorporated herein and made a part hereof for all purposes.
This property is conveyed subject to:
a) Protective Covenants established for Wildewoods Residential Community, as recorded in Appling County Deed Book 215, Page 505, and incorporated herein. Further, no commercial vehicles or equipment of any type shall be allowed on the property except light trucks used for personal transportation.
An easement five (5) feet in width across the northern and southern sides of said lot, reserved for the installation and maintenance of underground utilities.
Grantees’ substantially completing construction of a residence upon the property in accordance with the Protective Covenants referred to hereinabove, including paved driveway and landscaping, within eighteen (18) months after the date of this deed. In the event construction is not so undertaken and completed, Grantors shall have the right to reacquire the described property for the price paid by Grantees plus the reasonable fair market value of improvements made by Grantees.
The debt secured by said Deed to Secure Debt is evidenced by a note dated May 10, 2007, renewal note dated November 9, 2007, renewal note dated April 14, 2008, and renewal note dated July 14, 2008, 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
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