# 17 NOTICE OF SALE UNDER POWER GEORGIA, MORGAN COUNTY THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE OF SALE UNDER POWER
GEORGIA, MORGAN COUNTY
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the power of sale contained in that certain Security Deed given by James Tekulve Martial-Vann to State Bank and Trust Company, a Georgia banking corporation, as assignee of the Federal Deposit Insurance Corporation, as Receiver for Community Capital Bank ( ender , dated February 5, 2010 recorded in Deed Book 475, Page 24, Morgan County, Georgia Records (the ecurity Deed , as transferred to Lender by that certain Assignment of Loan Documents recorded in Deed Book 508, Page 32, Morgan County, Georgia Records, conveying the after-described property to secure that certain Ballon Note in the original principal amount of ONE HUNDRED EIGHTY-TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($182,500.00), as amended, supplemented, restated or otherwise modified by that certain Modification Agreement dated April 1, 2011 (collectively, the ote , with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Morgan County, Georgia within the legal hours of sale on the first Tuesday in February, 2013, the following described property:
SEE EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF
All that tract or parcel of land lying and being in Land Lot 359 of the 4th District of Morgan County, Georgia, and being Lot 43 of Whispering Lakes as shown on a plat of survey made of Whispering Lakes, of record at Plat Book 33, Pages 98 through 104, Morgan County, Georgia records. The description of the property as contained on said plat of survey is incorporated herein by reference and made a part hereof.
MR/app February 5, 2013
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as proved in Security Deed and by law, including attorney fees (notice of intent to collect attorney fees having been given).
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, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: State Bank and Trust Company, Bill Edwards, 3399 Peachtree Road, Suite 2050, Atlanta, Georgia 30326; (404)266-4669. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is James Tekulve Martial-Vann or a tenant or tenants and said property is more commonly known as 1100 Whispering Lakes Drive, Madison, GA 30650.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
State Bank and Trust Company
as Attorney in Fact for
James Tekulve Martial-Vann
Jessica Bennett, Esq.
McCalla Raymer, LLC
Six Concourse Parkway, Suite 3200
Atlanta, Georgia 30328
MR/app February 5, 2013
Our file no. SBTC-2012-GA377
Jan. 10, 17, 24, 31