The Macon Telegraph
Bibb County

Feb 02, 2013 | 175 views | email to a friend | print

GEORGIA, BIBB COUNTY NOTICE OF SALE UNDER POWER -Under and by virtue of the power of pale contained in that certain Real Estate Deed to Secure Debt given by Catering by Ashmore, LLC to State Bank and Trust Company, a Georgia banking corporation, as assignee of the Federal Deposit Insurance Corporation, as Receiver for Security Bank of Bibb County ("Lender"), dated July 10, 2007, recorded in Deed Book 7560, Page 201, Bibb County, Georgia Records as re-recorded in Deed Book 8908, Page 238, Bibb County, Georgia Records (collectively,the "Security Deed"), as transferred to Lender by that certain Assignment of Loan Documents recorded in Deed Book 8400, Page 163, Bibb County, Georgia Records, conveying the after-described property to secure that certain Universal Note in the original principal amount of twenty-FIVE THOUSAND SIX HUNDRED SEVENTY-NINE AND 50/100 DOLLARS ($25,679.50), as amended, supplemented, restated or otherwise modified by that certain Amendment to Promissory Note dated July 10, 2010 in the outstanding amount of TWENTY-TWO THOUSAND NINE HUNDRED ONE AND 55/100 DOLLARS ($22,901.55) (collectively, the "Note"), 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 Bibb County, Georgia within the legal hours of sale on the first Tuesday in February, 2013, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT "A" All that tract or parcel of land lying and being in the Vineville District of Bibb County, Georgia, in the Section known as Pleasant Hill, and being a part of what was formerly known as the Race Track Property; the lot herby conveyed being a part of Lots 3 and 4 of Block E, according to a plat and survey of the Ocmulgee Land and Improvement Company property, and is more particularly described as Lot 3 on a plat made by H.D. Cutter, C.E., dated March 13, 1945, recorded in Book 13, Page 173, Clerk's Office, Bibb Superior Court; said plat being a re-survey of what was formerly lots 3 and 4 of said Block E. Said lot hereby conveyed fronts 37 feet on Grant Avenue, and extends back with varying width a distance of 100 feet, and 40 feet on its eastern boundary. Said property has an address of: 329 Grant Avenue, Macon, Georgia. -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 provided in Security Deed and by law, including attorney's fees (notice of intent to collect attorney's 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, Nancy Statham, 3399 Peachtree Road, Suite 2050, Atlanta, Georgia 30326; (404)266-ÂÂ4642. 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 Catering by Ashmore, LLC or a tenant or tenants and said property is more commonly known as 329 Grant Avenue, Macon, GA 31201. -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 Catering by Ashmore, LLC Jessica Bennett, Esq. McCalla Raymer, LLC Six Concourse Parkway, Suite 3200 Atlanta, Georgia 30328 (678) 281-6521 MR/app January 5, 2013 Our file no. SBTC-2012-GA457 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. #2920956: 1/12,19,26; 2/2