On September 25, 2008, LARRY E. FORTH executed a Note in the original principal amount of $55,498.96. Time was made the essence of the contract and the Note contained a provision for the payment of attorney’s fees if collected by law or through an attorney at law. In order to secure the payment of said Note, LARRY E. FORTH, O.D., executed and delivered to PEOPLES STATE BANK & TRUST a Deed to Secure Debt, recorded in Deed Book 335, Page 525, in the Office of the Clerk of the Superior Court of Appling County, Georgia, conveying the following described property:
All that tract or parcel of land situate, lying and being in the City of Baxley, Appling County, Georgia, being bound: Northerly for a distance of 58 feet 6 inches by an established line as shown on the hereinafter referred to plat dividing from lands of M.E. and Pauline S. Long; Easterly for a distance of 41 feet 9 inches by an established line as shown on the hereinafter referred to plat dividing from lands of M.E. and Pauline S. Long; Southerly for a distance of 58 feet 7 inches by what is known as the Pace lands and Westerly for a distance of 44 feet 6 inches by lands of Larry E. Forth. Said tract of land is more particularly shown in accordance with a survey and plat therefrom by Allen T. Beach, Surveyor, dated July 16, 1968, which is made a part hereof for all purposes, a copy of which is recorded in Deed Book 134, page 160, Appling County, Georgia, deed records.
The above-described tract of land is Block No. 1 as shown on a plat by A.T. Beach, Surveyor, dated July 30, 1968, recorded in Office, Clerk of Superior Court, said county, in Plat Book 5, page 195. Said plat dated July 30, 1968 has shown thereon a driveway and parking areas, a walkway and alley. Grantee and his assigns are hereby granted for himself, his agents, patients and employees, the right to the use of said designated areas for driving and parking vehicles and walking thereon. Said use shall be a joint use with other owners and tenants of properties in the tract of property shown on said plat. Said driveways, parking areas and walkways shall not be obstructed by any building or structure and shall be left open for use as aforesaid.
This is the same property conveyed from Malcolm E. Long and Pauline S. Long to Dr. Wilton F. Davis dated August 8, 1968, recorded in Deed Book 134, page 159, Appling County, Georgia, deed records.
Street address: 205 N. Main Street, Baxley, Georgia
Because the said LARRY E. FORTH defaulted in making payment of said Note, PEOPLES STATE BANK & TRUST, pursuant to the provisions of said Note and the aforesaid Deed securing the same, has exercised its option and declared the entire balance due and collectible. Notice fixing the liability for attorney(s fees has been given according to the law.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, leases, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The property will be sold as the property of LARRY E. FORTH, O.D., who, to the best of the undersigned’s knowledge and belief, is the party in possession.
The said Deed contains a power of sale, authorizing the Grantee, as attorney in fact for Grantor therein, to sell the property conveyed thereby in order to satisfy said Note, as well as subsequent advances, after advertising the same once a week for four (4) weeks in the official gazette of said County, and in accordance with said power of sale and by virtue thereof, PEOPLES STATE BANK & TRUST will sell the property above described at public outcry to the highest and best bidder for cash, on the first Tuesday in July at the place of public sales before the Courthouse door in Appling County, Georgia, and within the legal hours of sale.
The proceeds of the sale will be used as follows: (a) to pay the expenses of said sale; (b) to pay the sums secured by said Deed; and (c) the balance according to law.
PEOPLES STATE BANK & TRUST
As Attorney in Fact for
LARRY E. FORTH, O.D.
/s/ Stephen Rigdon .
John R. Ferrelle, P.C.
777 Gloucester Street, Ste. 411
P. O. Box 1601
Brunswick, GA 31521
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
6-8, 6-15, 6-22 & 6-29ch
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