Columbus Ledger-Enquirer
Muscogee County

Dec 11, 2012 | 137 views | email to a friend | print

NOTICE OF POWER OF SALE CONTAINED IN SECURITY DEED STATE OF GEORGIA COUNTY OF MUSCOGEE Under and by virtue of the power of sale contained in that certain Commercial Deed to Secure Debt and Security Agreement from FERN S. COHN (hereinafter referred to as ÒGrantorÓ) to SYNOVUS BANK, formerly known as Columbus Bank and Trust Company, dated August 6, 2007 and recorded in Deed Book 9051, Page 292, Muscogee County, Georgia records, (hereinafter referred to as the ÒSecurity DeedÓ), SYNOVUS BANK, formerly known as Columbus Bank and Trust Company, the present holder of the Promissory Note and Security Deed defined herein, (hereinafter referred to as the ÒSecured CreditorÓ) as attorney in fact for Grantor, will sell at public outcry to the highest and best bidder for cash between the legal hours of sale before the courthouse door of Muscogee County, Georgia on the first Wednesday in January, 2013, January 2, 2013 the following described property (the ÒPropertyÓ), to-wit: FERN S. COHN - 735 SECOND AVENUE All that lot, tract or parcel of land situate, lying and being in Columbus, Muscogee County, Georgia being known and designated as PARTS OF CITY LOTS 256 AND 257, fronting the West side of Second Avenue, 63 feet and running squarely back at distance of 147 feet 10 inches, more or less, and being more particularly described as follows: BEGINNING at a point on the West side of 2nd Avenue marked by an iron stake which is located 96.0 feet from the iron stake designating the southwest corner of the intersection of 2nd Avenue and 9th Street, and from said Beginning Point running thence South 01 degrees 30 minutes East a distance of 63.0 feet along the west margin of 2nd Avenue to an iron stake; thence running South 88 degrees 35.5 minutes West a distance of 147.83 feet to an iron stake; thence running 63.0 feet North 01 degree 30 minutes West to an iron stake; thence running North 88 degrees 35.5 minutes East a distance of 147.83 feet to the iron stake designating the Point of Beginning. Situated thereon is dwelling numbered 735 Second Avenue, according to the present system of numbering dwellings in Columbus, Muscogee County, Georgia. (Tax Map Number: 003-017-010) Said Security Deed secures that certain promissory note dated July 15, 2010 made by Grantor and in favor of SYNOVUS BANK, formerly known as Columbus Bank and Trust Company in the original principal amount of One Hundred Twelve Thousand Seven Hundred Sixty Three and 14/100ths Dollars ($112,763.14) (hereinafter referred to as the ÒPromissory NoteÓ) with interest thereon, together with any and all other indebtedness owing by Grantor, as Borrower, to Secured Creditor. The indebtedness arising from the Promissory Note has been and is hereby declared due because of default under the terms of the Promissory Note, including, but not limited to the nonpayment of principal and interest when due. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale, and all other payments provided for under the Promissory Note and Security Deed, including attorneys' fees as provided in the Promissory Note and Security Deed, notice of intention to collect attorneys' fees having been given as provided by law; and the remainder, if any, shall be applied as provided by law. The following information is being provided in accordance with OCGA Section 44-14-162.2. Synovus Bank, is the Secured Creditor under the Security Deed and loan being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated notes on behalf of the Secured Creditor: Synovus Bank, SYNOVUS MANAGED ASSETS, 1000 VETERANS PKWY., GROUND FLOOR, COLUMBUS GA, 31901; Telephone No.: 706-649-2021, Attn: Foreclosures. OCGA Section 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a Secured Creditor to negotiate, amend, or modify the terms of a mortgage instrument." 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 said Security Deed. Said property will be sold subject to all liens, encumbrances, unpaid real estate ad valorem taxes and governmental assessments and to all prior restrictions, 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 consented to by the Secured Creditor. To the best knowledge and belief of Secured Creditor, the equitable title to the Property is vested in Grantor and the party in possession of the Property is said equitable title holder. SYNOVUS BANK, FORMERLY KNOWN AS COLUMBUS BANK AND TRUST COMPANY, ATTOR-NEY IN FACT FOR FERN S. COHN 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 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE Pub:Dec.4,11,18&25,2012(2494658)