gpn11 GEORGIA, APPLING COUNTY NOTICE OF SALE UNDER POWER

Because of default in the payment of a note secured by a deed to secure debt executed by Joseph Elliott Carter, a/k/a J. Elliott Carter and John C. Carter to Montgomery Bank & Trust, dated March 10, 2008, recorded in Deed Book 442, pages 426-429, Appling County records, with a Hypothecation Security Agreement from John C. Carter to Joseph Elliott Carter, a/k/a J. Elliott Carter dated March 10, 2008, and a Deed to Secure Debt from Joseph Elliott Carter, a/k/a J. Elliott Carter to Montgomery Bank & Trust dated March 10, 2008, recorded in Deed Book 443, pages 185-189, aforesaid records, the FDIC, as Receiver for Montgomery Bank & Trust, by virtue of a Consent Order entered In The Matter of Montgomery Bank & Trust, Superior Court of Montgomery County, State of Georgia, Civil Action File No. 12CV094, declared the full unpaid amount of the indebtedness referred to due and payable and, acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Wednesday in January, 2013, during the legal hours of sale at the Appling County Courthouse, sell at public outcry to the highest bidder for cash, the lands described in said deed, to-wit:
TRACT 1
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 163.48 acres, more or less of Land Lot No, 488, being bounded, now or formerly as follows: North by Tract B-6 on the hereinafter referenced plat; East by Fireline.Rood; South by Altamaha School Road; and West in part by Tract B-1 and in part by Tract B-2A on the hereinafter referenced plat. Said tract of land being more particularly described as Tract 13-8 on that certain survey and plat thereof by R. Bayne Stone, Registered Land Surveyor No. 2440, recorded in Plot Book 17, Page 22, in the Office of the Clerk of Superior Court of Appling County, Georgia.
Said plat being incorporated herein and made a part hereof for all purposes.
TRACT 2
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 117.92 acres, more or loss of Land Lot No. 521, being bounded, now or formerly as follows: North by Leroy Sharpe Road; East by Fireline Road; South by Tract B-7 on the hereinafter referenced plat; and West by Tract B-2B on the hereinafter referenced plat. Said tract of land being more particularly described as Tract B-6 on that certain survey and plat thereof by R. Bayne Stone, Registered Land Surveyor No. 2440, recorded in Plat Book 17, Page 22, in the Office of the Clerk of Superior Court of Appling County, Georgia.
Said plat being incorporated herein and made a part hereof for all purposes.
Tract 3
All that tract or parcel of land lying and being in Land Lot No. 325 of the Second Land District of Appling County, Georgia consisting of 266.54 acres, more or less, and being more particularly described as follows: BEGINNING at the southwest corner of the said Land Lot 325, thence North 00 degrees 17 minutes 09 seconds West a distance of 3394.02 feet to a point; thence North 90 degrees 00 minutes East a distance of 1562.89 feet to a point; thence North 89 degrees 49 minutes 26 seconds East a distance of 980.03 feet to a point; thence South 00 degrees 00 minutes 08 seconds West a distance of 4965.56 feet to a point; thence north 89 degrees 53 minutes 24 seconds West a distance of 2958.18 feet to the Point of Beginning.
Said tract of land being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by Merlin J. Tomberlin, Appling County Surveyor, dated December 1, 1988 and recorded in the Office of the Clerk of Superior Court of Appling County in Plat Book 11, page 424, and incorporated herein for a more full and complete description and all other purposes.
This being the same property conveyed from Bobby C. Head, Betty Jo H. Daniels and Mary Jean Harrison to Appling Farms, Inc. by deed dated December 12, 1988, recorded in Deed Book 238, Page 330, in the Office of the Clerk of Superior Court of Appling County, Georgia.
Said property is to be sold subject to any outstanding ad valorem taxes (including taxes, which are liens, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens and encumbrances, zoning ordinances, restrictions, covenants and matters superior to the aforesaid Deed to Secure Debt first set out above.
The undersigned will execute a deed to the purchaser as authorized by the aforementioned debt deed.
This the 27th day of November, 2012.
FDIC, as Receiver for Montgomery Bank & Trust, as Attorney in Fact for Joseph Elliott Carter, a/k/a J. Elliott Carter and John C. Carter
BROWN ROUNTREE PC
P. O. BOX 1988
STATESBORO, GEORGIA 30459
12-5, 12-12, 12-19, 2-19 & 12-26ch