LEGAL:669 AUGUST 10, 17, 24, AND 31, 2012 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF TROUP
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 Com- mercial Deed to Secure Debt and Security Agreement ( Se- curity Deed ) from E. DEFOR- EST WINSLOW ( 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 16, 2007, recorded in Deed Book 1449, beginning at Page 309, Troup County Records, said Security Deed securing that certain promissory note from Grantor, in favor of Lender dated December 21, 2011, in the principal amount of One Hundred Ninety Nine Thousand Two Hundred Forty Four and 50/100ths Dollars ($199,244.50) (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:
All that tract or parcel of land lying and being in Land Lot 14 of the 6th Land District, Troup County, Georgia being more particularly described as Lot 93, River Oaks Subdivision at Moss Creek, containing 1.17 acres as shown on a plat of survey dated December 18, 1998 by J. Hugh Camp & As- sociates, Georgia Registered Land Surveyor No. 939 and entitled River Oaks Subdivi- sion at Moss Creek and of re- cord in Plat Book 20C, Page 154, Troup County Records. Said plat is incorporated herein and made a part hereof for the purpose of a more complete and accurate description.
Said property is conveyed sub- ject to Restrictions for River Oaks Subdivision at Moss Creek recorded in Deed Book 829, Page 366, Troup County Georgia Records.
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.
Said property will be sold sub- ject to that certain Security Deed from Grantor in favor of Commercial Bank and Trust Company of Troup County Dated December 5, 2000, re- corded in Deed Book 915, Page 283, as Modified, Troup County, Georgia records, Se- curity Deed from Grantor in fa- vor of MERS as nominee for Synovus Mortgage Corp. dated October 26, 2001 recorded in Deed Book 972, Page 574, Troup County, Georgia re- cords, and that certain Secur- ity Deed from Grantor in favor of Commercial Bank and Trust Company of Troup County dated October 25, 2006, recor- ded in Deed Book 1371, Page 296, Troup County, Georgia records and any other encum- brance of record.
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 E. DEFOREST WINSLOW, III. 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.