NOTICE OF POWER OF SALE CONTAINED IN SECURITY DEED STATE OF GEORGIA COUNTY OF THOMAS
NOTICE OF POWER OF
IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF THOMAS
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from ANNE S. IRELAND (hereinafter referred to as Grantor) to COMMERCIAL BANK, A DIVISION OF SYNOVUS BANK, dated June 5, 2007 and recorded in Deed Book 1408, Page 213, Thomas County, Georgia records, (hereinafter referred to as the Security Deed), COMMERCIAL BANK, A DIVISION OF SYNOVUS BANK, the present holder of the Promissory Note and Security Deed defined herein, (hereinafter referred to as the Secured Creditor) 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 Thomas County, Georgia on the first Tuesday in March, 2013, March 5, 2013 the following described property (the Property), to-wit:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT NO. 42 OF THE 13TH LAND DISTRICT OF THOMAS COUNTY, GEORGIA, CONTAINING 12.974 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED AS PARCEL 1-A ACCORDING TO A PLAT OF SURVEY PREPARED FOR HELEN GREENE PERRY BY FRANK E. CARLTON, GEORGIA REGISTERED LAND SURVEYOR NO. 1544, DATED JUNE 15, 1994, REVISED APRIL 16, 1998, AND F RECORD IN PLAT CABINET 3, FOLIO 129-F AMONG THE DEED RECORDS OF THOMAS COUNTY, GEORGIA, REFERENCE TO SAID SURVEY IS MADE FOR A MORE COMPLETE DESCRIPTION OF THE SUBJECT PROPERTY BY METES AND BOUNDS AND COURSES AND DISTANCES AS SET FORTH THEREON.
THE ABOVE DESCRIBED PROPERTY IS CONVEYED SUBJECT TO THAT CERTAIN EASMENT TO THE CITY OF THOMASVILLE RCORDED IN DEED BOOK 441, PAGE 278, THOMAS COUNTY, GEORGIA.
THE SUBJECT PROPERTY IS KNOWN AS 2483 MAGNOLIA ROAD, THOMASVILLE, GA 31792 ACCORDING TO THE CURRENT NUMBERING SYSTEM IN USE IN THOMAS COUNTY, GEORGIA .
Said Security Deed secures that certain Promissory Note dated April 20, 2009 made by Grantor and in favor of COMMERCIAL BANK, A DIVISION OF SYNOVUS BANK in the original principal amount of ONE MILLION FIVE HUNDRED SIXTY NINE THOUSAND THREE HUNDRED FIFTY EIGHT and 82/100ths Dollars ($1.569358.82) (hereinafter referred to as the Promissory Note) 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 44-14-162.2. COMMERCIAL BANK, A DIVISION OF 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: COMERCIAL BANK, A DIVISION OF SYNOVUS BANK, SYNOVUS MANAGED ASSETS, 1000 VETERANS PKWY., GROUND FLOOR, COLUMBUS GA, 31901; Telephone No.: 706-644-3192, Attn: Foreclosures. OCGA 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, rightsof-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.
COMMERCIAL BANK, A DIVISION OF SYNOVUS BANK, ATTORNEYINFACT FOR ANNE S. IRELAND
Attorney for Attorney-in-Fact
F. Lee Champion, III
Page, Scrantom, Sprouse,
Tucker & Ford, P.C.
1111 Bay Avenue, 3rd Floor
Post Office Box 1199
Columbus, Georgia 31902
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