NOTICE OF POWER OF SALE CONTAINED IN SECURITY DEED STATE OF GEORGIA COUNTY OF PEACH
NOTICE OF POWER OF SALE CONTAINED IN SECURITY DEED STATE OF GEORGIA
COUNTY OF PEACH Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Katrina Y. Everett (hereinafter referred to as Grantor ) to CB&T Bank of Middle Georgia dated June 23, 2009, and recorded in Deed Book 427, Page 297, Peach County, Georgia records, (hereinafter referred to as the Security Deed ), 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 Middle Georgia, 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 court- house door of Peach County, Georgia on the first Tuesday in December, 2012, December 4, 2012, the follow- ing described property commonly
known as 49 Powell Street, Fort Valley, Georgia 31030 (the Property ), to- wit:All that tract or parcel of land situate and lying in the State of Georgia, County of Peach and in Allen Subdivision and said property is described by metes and courses as follows: STARTING at a point lying in the Southwest side of Powell Street, which point is South 68 degrees 23 minutes East, 150 feet from the Northeast property line of the Old Marshallville Road, now known as State University Drive, and which point is 20 feet from the center line of Powell Street, said 20 feet being mea- sured on a line perpendicular to the center line of Powell Street; thence South 27 degrees 26 minutes West; 150 feet, thence South 68 degrees 23 minutes West, 112.5 feet, thence North 27 degrees 26 minutes East, 150 feet to a point on the Southwest side of Powell Street; thence North 68 degrees 23 minutes West, along the Southwest side of Powell Street, 112.5 feet to the point or place of beginning.Said property is now known as 49 Powell Street according to the present system for number- ing improvements.Deed References: Deed Book 198, Page 289; Deed Book 411, Page 828, Clerk s Office, Peach Superior Court.Said Security Deed secures that certain promissory note dated June 23, 2009, made by Grantor and in favor of CB&T Bank of Middle Georgia in the original principal amount of Thirteen Thousand Two Hundred Fifty-Five and 84/100ths Dollars ($13,255.84) (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 prin- cipal 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 indebted- ness 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 follow- ing information is being provided in accordance with OCGA 44-14-162.2. Synovus Bank, is the Secured Creditor under the Security Deed and loan being foreclosed. The following enti- ty shall have full authority to negoti- ate, amend, and modify all terms of the above-described Security Deed and associated notes on behalf of the Secured Creditor: Synovus Bank, P.O. Box 120, Columbus, GA 31902; Telephone No.: (706) 649-2021, 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 nego- tiate, 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 govern- mental assessments and to all prior restrictions, rights of-way, and ease- ments 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 equi- table 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 MIDDLE GEORGIA, ATTOR NEY IN FACT FOR KATRINA Y. EVERETT. Attorney for Attorney-in-Fac Robert C. Brand, Jr. 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 710/Everett