Under and by virtue of the power of sale contained in that deed to secure debt dated May 2, 2005, from Joel H. Spivey and J. Kyle Spivey to B.W. Sapp, recorded in Deed Book 404, page 512, in the Office of the Clerk of Superior Court of Appling County, Georgia, the undersigned will sell at public outcry during the legal hours of sale before the front door of the Courthouse in Appling County, Georgia, on the first Tuesday in August, 2011, to the highest bidder for cash, the following described property, to-wit: All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 18.084 acres, more or less, of Land Lot No. 345, being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by Merlin J. Tomberlin, GRLS No. 2477, dated January 17, 2001, recorded in the Office of the Clerk of Superior Court of Appling County, Georgia, in Plat Book 15, Page 491, and incorporated herein for all purposes. This being the same property conveyed from Baxley Farms, Inc. to B. W. Sapp and James A. Graham, Sr. by deed dated July 20, 2001, recorded in the Office of the Clerk of Superior Court of Appling County, Georgia, in Deed Book 349, Page 282; said James A. Graham, Sr. having conveyed his interest to B. W. Sapp by deed dated April 4, 2003, recorded in Deed Book 373, Page 290, said records.
The debt secured by said deed to secure debt is evidenced by a note in favor of B. W. Sapp (the “Lender”) dated May 2, 2005. The debt secured by said deed to secure debt and evidenced by said note has been declared due and payable because of the failure of the Grantors therein to comply with certain terms and conditions in said note and deed to secure debt. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness including all accrued and unpaid interest thereon and attorney fees and all expenses of said sale.
The property, located on Golden Isles Hwy. West, Baxley, Georgia, will be sold as the property of Joel H. Spivey and J. Kyle Spivey, who, to the best of the undersigned's knowledge and belief, are the parties 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 in accordance with legal requirements and the terms of said note and deed to secure debt.
Said property will be sold subject to any and all unpaid taxes, assessments, general subdivision restrictions, if any, and other restrictions, easements and liens of record, if any. The proceeds of the sale will be used as follows: (1) to pay the expenses of said sale; (2) to pay the sums secured by said deed; (3) the balance if any to Joel H. Spivey and J. Kyle Spivey, or as may otherwise be directed by the U.S. Bankruptcy Court.
B.W. SAPP Attorney in Fact for Joel H. Spivey and J. Kyle Spivey
J. ALEXANDER JOHNSON PC Attorney for Lender 132 West Parker Street Baxley, Georgia 31513 912-367-9000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
7-6, 7-13, 7-20 & 7-27ch
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