NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF HABERSHAM
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt with Power of Sale. ( ecurity Deed executed by Jack B. Lee in favor of Community Bank and Trust dated April 14, 2003, recorded at Deed Book 596, Pages 169-170 of the Habersham County Deed Records; Renewal Loan Agreement dated March 24, 2009, recorded at Deed Book 887, Page 148 of the aforesaid deed records; assigned pursuant to that Transfer and Assignment of Deed to Secure Debt from FDIC, in its capacity as Receiver for Community Bank and Trust, to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. dated January 26, 2011, and recorded at Deed Book 946, Pages 256-281 of the aforesaid deed records; and Modification of Deed to Secure Debt with Power of Sale dated May 18, 2011, recorded at Deed Book 956, Pages 465-466 of the aforesaid records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Habersham County, Georgia, during the legal hours of sale, on the first Tuesday in December, that being December 4, 2012, the following described property:
All that tract or parcel of land lying and being in Land Lot 40 of the 10th Land District of Habersham County, Georgia, consisting of Lot 20 of the Chizek Subdivision, as shown on a plat of survey prepared by Farley-Collins & Assoc., R.S., dated May 28, 1964, and recorded in Plat Book 8, Page 11 of the Habersham County, Georgia Plat Records, and as further shown on a plat of survey prepared by Hubert Lovell, R.S., dated March 25, 1996, and recorded in Plat Book 39, Page 135 of the Habersham County, Georgia Plat Records, to which said plats and the records thereof reference is hereby made for a more complete description.
Said property is subject to the Road Maintenance Agreement of Eden Woods a/k/a Chizek Subdivision, dated March 3, 1999, and recorded in Deed Book 429, Page 282. Said property is also subject to any other easements, restrictions, reservations, and right-of-way of record, if any.
The debt secured by said Security Deed is evidenced by a note (the ote from Jack B. Lee, dated May 18, 2011 in the original principal amount of $41,772.73, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of Jack B. Lee, the proceeds to be applied to the payment of said indebtedness, attorneys fees (notice of intention to collect attorneys fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned knowledge and belief, the property is in the possession of Jack B. Lee and will be sold as the property of Jack B. Lee.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
Jack B. Lee
By: SCBT d/b/a CBT, a Division of SCBT f/k/a SCBT, N.A. d/b/a CBT, a Division of SCBT N.A. as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503