Columbus Ledger-Enquirer
Muscogee County

Jun 04, 2013 | 261 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 RONALD D. BLACK and ALFREDA D. BLACK (hereinafter referred to collectively as ÒGrantorÓ) to LEARY & BROWN, INC., dated April 25, 2008, and recorded in Deed Book 09348, Page 245, Muscogee County, Georgia records, as modified by that certain Loan Modification Agreement dated June 28, 2010 and recorded in Deed Book 10034, Page 44, Muscogee County, Georgia records, as further modified by that certain Second Loan Modification Agreement dated November 1, 2012 and recorded in Deed Book 10787, Page 6, Muscogee County, Georgia records as further modified by that certain Third Loan Modification Agreement dated December 27, 2012 and recorded in Deed Book 10787, Page 11, Muscogee County, Georgia records (hereinafter referred to as the ÒSecurity DeedÓ), LEARY & BROWN, INC., 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 Tuesday in July, 2013, July 2, 2013, the following described property (the ÒPropertyÓ), to-wit: All that lot, tract or parcel of land situate, lying and being in Muscogee County, Georgia and being known and designated as all of LOT FOUR (4), in BLOCK LETTERED ÒBÓ, SECTION THREE, PHASE ONE, IVY PARK, as said lot is shown on that certain map or plat of said subdivision and recorded in Plat Book 158, Folio 32, of the records in the Office of the Clerk of Superior Court of Muscogee County, Georgia, to which reference is made for a more particular description and location of the property herein conveyed. Located thereon is house numbered 4499 English Ivy Drive according to the present system of numbering houses in Muscogee County, Georgia. Muscogee County Tax Parcel: 078-005-004. Said conveyance is made subject to all zoning ordinances, valid restrictive covenants and easements of record or in actual existence applicable thereto. Said Security Deed secures that certain promissory note from Grantor as Borrower, in favor of Secured Creditor dated December 27, 2012 in the principal amount of Three Hundred Twelve Thousand Five Hundred and 00/100ths Dollars ($312,500.00), (the ÒPromissory NoteÓ), together with any and all other indebtedness or liability of any nature, whether direct or indirect, absolute, contingent or otherwise, now owing or which may hereafter be owing by Grantor to Secured Creditor, however and whenever incurred, whether as principal, maker, endorser, guarantor or otherwise, whether individually and separately or jointly with others, with interest. The Promissory Note is in default and has been declared due and payable in full and remains unpaid. The Promissory Note remaining unpaid, 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 as provided for under the Security Deed and as provided by law. To the extent applicable, the following information is being provided in accordance with OCGA Section 44-14-162.2. Leary & Brown 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: Leary & Brown Bank, LEARY & BROWN, 5604 Whitesville Road, Columbus, Georgia 31904; Telephone No.: 706-323-0413, Attn: Jamie McVay. 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. LEARY & BROWN, INC., ATTOR-NEY IN FACT FOR RONALD D. BLACK and ALFREDA D. BLACK 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:June4,11,18&25,2013(2512795)