LEGAL:668 AUGUST 10, 17, 24, AND 31, 2012 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF TROUP
LEGAL:668
AUGUST 10, 17, 24, AND 31, 2012
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA COUNTY OF TROUP
By virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement ( Security Deed ) from SHBDC ( Grantor ) to SYNOVUS BANK, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger with Commercial Bank and Trust Company of Troup County ( Lender ), dated November 25, 2009, recorded in Deed Book 1555, beginning at Page 277, Troup County Records, said Security Deed securing that certain promissory note from SHBDC, LLC, in favor of Lender dated November 10, 2011, in the principal amount of Seven Hundred Seventy Nine Thousand Nine Hundred Sixty Two and 00/100ths Dol- lars ($779,962.00) (the Note ), with interest as provided in Note, together with any and all other indebtedness owing by Grantor to Lender, there will be sold by the undersigned at public outcry to the highest bid- der for cash before the Court- house door at Troup County, Georgia, within the legal hours of sale on the first Tuesday in September, 2012, the follow- ing described property:
Tract 1:
ALL THAT TRACT OR PAR- CEL OF LAND lying and being in Land Lot 14 of the 6th Land District, City of LaGrange, Troup County, Georgia being more particularly described as Lots 84, 89, 90, 91, 92, 96, 101 and 108 in River Oaks Subdivi- sion at Moss Creek, as shown on a plat of survey dated December 18, 1998 by J. Hugh Camp & Associates, Georgia Registered Land Surveyor No. 939 and entitled River Oaks Subdivision at Moss Creek and of record in Plat Book 20C, Page 154, Troup County, Georgia records. Said plat is incorporated herein and made a part hereof by reference thereto for the purpose of a more complete and accurate description.
Said property may be subject to zoning ordinances, valid re- strictive covenants and ease- ments of record or in actual ex- istence applicable thereto. Tract 2:
All that tract or parcel of land lying and being in Land Lot 14 of the Sixth Land District of Troup County, Georgia being more particularly described as Lots 5, 7, 39, 40, 45, 59, 60 and 69 in Moss Creek Subdivi- sion, as shown on a plat of sur- vey prepared by Crawford-Wil- liams Associates, Inc., Geor- gia Registered Land Surveyor No. 1833, dated May 16, 1988 and recorded in Plat Book 20B, Page 209 as revised and re- corded in Plat Book 20B, Page 240 and Plat Book 20B, Page 250, in the Office of the Clerk of the Superior Court of Troup County, Georgia. Said plat, by reference, is incorporated herein and made a part hereof for purpose of a more com- plete description.
Said property may be subject to zoning ordinances, valid re- strictive covenants and ease- ments of record or in actual ex- istence applicable thereto. Tract 3:
ALL THAT TRACT OR PAR- CEL OF LAND lying and being in Land Lots 112 and 113 of the 6th District, Troup County, Georgia being more particu- larly described as Lot 20 con- taining 0.206 acre as shown on a plat of survey dated Novem- ber 3, 2005 by Camp & Asso- ciates Land Surveying, P.C., Georgia Registered Land Sur- veyor No. 2978 and entitled Subdivision Plat for Buckeye Creek at Hills and Dales Farms -Section One as recorded in Plat Book 20D, Pages 175- 178, Troup County, Georgia Deed Records. Said plat is in- corporated herein and made a part hereof for the purpose of a more complete and accurate description.
Said property may be subject to zoning ordinances, valid re- strictive covenants and ease- ments of record or in actual ex- istence applicable thereto. Tract 4:
ALL THAT TRACT OR PAR- CEL OF LAND lying and being in Land Lots 112 & 113 of the 6th Land District of Troup County, Georgia being more particularly described as Lot 24 containing 0.221 acre as shown on a plat of survey dated November 3, 2005 by Camp & Associates Land Sur- veying, P.C., Georgia Re- gistered Land Surveyor No. 2978 and entitled Subdivision Plat for Buckeye Creek at Hills and Dales Farms-Section One as recorded in Plat Book 20D, Page 175-178 Troup County, Georgia Deed Records. Said plat is incorporated herein and made a part hereof in refer- ence thereto for the purpose of a more complete and accurate description.
Said property may be subject to zoning ordinances, valid re- strictive covenants and ease- ments of record or in actual ex- istence applicable thereto. Tract 5:
ALL THAT TRACT OR PAR- CEL OF LAND lying and being in Land Lot 19 of the 6th Land District of Troup County, Geor- gia, being more particularly de- scribed as Lot 18, as shown on a plat of survey prepared by J. Hugh Camp, Georgia Re- gistered Land Surveyor No. 939, dated June 13, 1996, re- corded in Plat Book 20C, Page 101, Troup County, Georgia records and entitled Survey of Montclair Subdivision, a Devel- opment of Broadwater Devel- opment Corporation. Said plat of survey is incorporated herein and made a part hereof for the purpose of a more com- plete and accurate description. Said property may be subject to zoning ordinances, valid re- strictive covenants and ease- ments of record or in actual ex- istence applicable thereto.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited un- der the U.S. Bankruptcy Code, and (2) to final confirmation and audit of the status of the loan with the holder of said Se- curity Deed.
The indebtedness arising from the Notes has been and is hereby declared due because of default under the terms of the Notes, including, but not limited to the nonpayment of principal and interest when due. The indebtedness remain- ing in default, the sale will be made for the purpose of apply- ing the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and ex- penses of the sale, and all oth- er payments provided for un- der the Notes and Security Deed, including attorneys' fees as provided in the Notes and Security Deed, notice of inten- tion to collect attorneys' fees having been given as provided by law; and the remainder, if any, shall be applied as provided by law.
To the best of the Lender's knowledge, the party in pos- session of the property is Grantor.
Said property will be sold sub- ject to all liens, encumbrances, unpaid real estate ad valorem taxes and governmental as- sessments and to all prior re- strictions, rights of-way, and easements of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and con- sented to by the Lender. SYNOVUS BANK, FORMERLY KNOWN AS COLUMBUS BANK AND TRUST COMPANY, AS SUC- CESSOR IN INTEREST THROUGH NAME CHANGE AND BY MERGER WITH COMMERCIAL BANK AND TRUST OF TROUP COUNTY, ATTOR NEY IN FACT FOR SHBDC, LLC.
Attorney for Attorney-in-Fact Travis C. Hargrove
Page, Scrantom, Sprouse, Tucker & Ford, P.C.
1111 Bay Avenue, 3rd Floor Post Office Box 1199 Columbus, Georgia 31902 (706) 324-0251
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY IN- FORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.