Columbus Ledger-Enquirer
Muscogee County

NOTICE OF POWER OF SALE CONTAINED IN SECURITY DEED STATE OF GEORGIA COUNTY OF MUSCOGEE
Dec 11, 2012 | 169 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 Consumer 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 22, 2007 and recorded in Deed Book 9100, Page 170, 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 - 738 2nd AVENUE, Columbus, Georgia 31901 All that lot, tract or parcel of land situate, lying and being in the State of Georgia, County of Muscogee and City of Columbus, being known and distinguished in the plan of said City as PART OF LOT TWO (2) (sometimes referred to as Lot One, of Block ÒCÓ) of the PRESBYTERIAN CHURCH SQUARE, said tract or parcel being described as follows: Part One: All of Parcels 2 and 3 as reflected on that ÒSurvey of Part of Lot Number 2, Presbyterian Square, Columbus, GeorgiaÓ, prepared by Webb Engineering Co. and revised, and recorded in the Office of the Clerk of the Superior Court of Muscogee County, Georgia in Plat Book 106, Folio 33. Commercial Building Numbered 810 - 2nd Avenue is located on said Parcel 2. Part Two: All of the property reflected on that survey of ÒPart of Lot 2, City Block ÒCÓ, Columbus, Muscogee County, GeorgiaÓ, prepared by French & Associates, August 22, 1986, recorded in said Clerk's Office in Plat Book 99, Folio 15, plus the 6.5 foot easement reflected thereon. LESS AND EXCEPT Parcel 4 on said survey recorded in said Clerk's Office in Plat Book 106, Folio 33. All that lot, tract or parcel of land situated, lying and being in the State of Georgia, County of Muscogee and City of Columbus and being known and designated on that certain map or survey entitled ÒPART OF LOT 2, PRESBYTERIAN CHURCH SQUARE, COLUMBUS, MUSCOGEE CO., GEORGIAÓ as said lot is shown upon said map or survey made by Thomas L. French, Jr., Ga. R.L.S., dated November 15, 1995 and recorded in the Office of the Clerk of Superior Court of Muscogee County, Georgia in Plat Book 129, Page 87. Said plat is incorporated herein by reference thereto for a more particular description of the property conveyed hereby. There is situated upon said property dwelling numbered 738 - 2nd Avenue according to the present system of numbering dwellings in Columbus, Georgia. Said Security Deed secures that certain Home Equity Line of Credit Agreement dated August 22, 2007 made by Grantor and in favor of SYNOVUS BANK, formerly known as Columbus Bank and Trust Company in the original principal amount of Two Hundred Twenty Seven Thousand Five Hundred and 00/100ths Dollars ($227,500.00) (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(2494659)