Columbus Ledger-Enquirer
Muscogee County

NOTICE OF POWER OF SALE CONTAINED IN SECURITY DEED STATE OF GEORGIA COUNTY OF MUSCOGEE
Dec 11, 2012 | 184 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 Security Deed from MIKE & ED'S OF COLUMBUS, INC. (hereinafter referred to as ÒGrantorÓ) to SYNOVUS BANK, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger with CB&T BANK OF EAST ALABAMA, dated May 6, 2008 and recorded in Deed Book 09363, Page 185, Muscogee County, Georgia records, (hereinafter referred to as the ÒSecurity DeedÓ), SYNOVUS BANK, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger with CB&T BANK OF EAST ALABAMA, 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: PARCEL ONE: All that lot, tract or parcel of land situate, lying and being in Columbus, Muscogee County, Georgia, and being known and designated as ALL OF LOT NUMBERED ONE HUNDRED SIXTY-SEVEN (167) of that Subdivision of land known as NEILL PLACE, as said lot is shown upon a map or plat thereof entitled ÒReplat of Lots 11 & 16 and Part of Lots 10 & 17, Neill Place,Ó dated December 3, 1985, made by Moon, Meeks & Patrick, Inc., Civil Engineers, and recorded in Plat Book 95, Folio 49, in the Office of the Clerk of the Superior Court of Muscogee County, Georgia to which map or plat reference is hereby made for the particular location and dimensions of said lot. Located thereon is a structure numbered 3930 Veterans Parkway, according to the present system of numbering structures in Columbus, Muscogee County, Georgia. PARCEL TWO: All that lot, tract or parcel of land situate, lying and being in Columbus, Muscogee County, Georgia, and being known and designated as ALL OF LOT NUMBERED TWELVE (12) of that Subdivision of land known as NEILL PLACE, as said lot is shown upon a map or plat of said Subdivision entitled ÒReplat of Neill Place, being a Replat of Lot 3, A.J. Young Survey, Muscogee County, Georgia,Ó dated December 10, 1946, made by T.L. Moss, Jr., Civil Engineer - Surveyor, and recorded in Plat Book 3, Folio 269, in the Office of the Clerk of the Superior Court of Muscogee County, Georgia, to which map or plat reference is hereby made for the particular location and dimensions of said lot. This conveyance is made subject to all valid and enforceable restrictive covenants, zoning ordinances and easements of record or in place concerning said property, for so long as same remain in full force and effect.. Said Security Deed secures that certain Promissory Note dated May 6, 2008 made by Grantor and in favor of SYNOVUS BANK, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger with CB&T BANK OF EAST ALABAMA in the original principal amount of Five Hundred Eighteen Thousand Six Hundred and 36/100ths Dollars ($518,600.36) (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, as successor in interest through name change and by merger with CB&T BANK OF EAST ALABAMA, ATTOR-NEY IN FACT FOR MIKE & ED'S OF COLUMBUS, INC. 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(2494759)