The Lee County Ledger
Lee County

NOTICE OF SALE GEORGIA, LEE COUNTY.
Dec 20, 2012 | 268 views | email to a friend | print

NOTICE OF SALE

GEORGIA, LEE COUNTY.

By virtue of a power of sale contained in that certain Real Estate Deed to Secure Debt from WENDY D. BUTLER, D.C. to HERITAGEBANK OF THE SOUTH, dated June 23, 2009, and recorded in Deed Book 1342, Page 158 et seq., in the Office of the Clerk of Superior Court of Lee County, Georgia, said Real Estate Deed to Secure Debt having originally been given to secure that certain Promissory Note in the original principal amount of TWO HUNDRED TWENTY-SIX THOUSAND SEVEN HUNDRED SIXTEEN and NO/100 DOLLARS ($226,716.00) of even date therewith, as well as all extensions, renewals and modifications thereof, together with any and all other indebtedness, of any type or description, then or thereafter owing by WENDY D. BUTLER, D.C. to HERITAGEBANK OF THE SOUTH, there will be sold by the undersigned, at public outcry, to the highest bidder for cash, before the courthouse door at Leesburg, Lee County, Georgia, within the legal hours of sale on the first Wednesday in January, 2013, the following described property (said sale to be held on the first Wednesday in January, 2013 pursuant to the provisions of Official Code of Georgia Annotated Section 9-13-161, as the first Tuesday in January, 2013 is one of the legal holidays referred to in said Code Section):

All that tract or parcel of land lying and being in Land Lot 279 in the Second Land District of Lee County, Georgia, and being more particularly described as all of Lot 4 of Grand Island Commercial Subdivision, Lot 2-8, according to the map or plat of said minor subdivision entitled edivision of Lots 2A, 5, 6 and 7 of Grand Island Commercial Subdivision, Lots 2-8 dated May 23, 2001, by Ritchie M. Marbury, III, Marbury Engineering Company, as the same is recorded in Plat Cabinet Slide E-69, in the Office of the Clerk of Superior Court of Lee County, Georgia. Said property is more commonly known as 307 Grand Island Drive, Suite 1.

Subject to visible easements, restrictions and easements of record, the provisions of the Georgia Condominium Act; the Declaration of Condominium of Grand Island Plaza Commercial Condominiums dated January 9, 2006, and recorded in Deed Book 1024, Page 13; the Articles of Incorporation of Lee Village Condominium Association, Inc., as all may be amended from time-to-time; as well as, all restrictions, reservations, limitations, conditions, options, agreements, uses, easements, appurtenances, assessments, and provisions set forth or incorporated by reference in any of the above documents, and all matters shown on the plat and plans of said property as incorporated herein by reference.

The indebtedness secured by the aforementioned Real Estate Deed to Secure Debt has been and is hereby declared immediately due and payable in full because of the failure of WENDY D. BUTLER, D.C. to maintain payments upon said indebtedness owing to the HERITAGEBANK OF THE SOUTH in accordance with its terms. Said indebtedness remaining in default, this sale shall be made for the purpose of paying such indebtedness, as well as all expenses of this sale, including attorneys fees.

The above-described property will be sold as the property of WENDY D. BUTLER, D.C. and will be sold subject to the following items which may affect the title to said property: all zoning and subdivision ordinances and/or regulations; matters which would be disclosed by an accurate survey or an inspection of the property; all real property ad valorem taxes or assessments, which may constitute liens upon said property; all liens which, under applicable law, would take priority over the Real Estate Deed to Secure Debt described above; and all easements, restrictions, rights-of-way, security deeds or other encumbrances of record which have priority over the referenced Real Estate Deed to Secure Debt.

To the best of the knowledge and belief of the undersigned, the party presently in possession of said property is WENDY D. BUTLER, D.C., and/or a tenant or tenants.

The entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines is:

HeritageBank of the South

721 North Westover Boulevard

Albany, Georgia 31707

Telephone: (229) 878-3215

Please note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of such loan.

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

HERITAGEBANK OF THE SOUTH, as Attorney-in-Fact for WENDY D. BUTLER, D.C.

MOORE, CLARKE, DuVALL & RODGERS, P.C.

/s/ D. BRADLEY FOLSOM

Attorneys for HERITAGEBANK OF THE SOUTH

2805 North Oak Street, Suite A

Valdosta, Georgia 31602

(229) 245-7823

Dec. 5, 12, 19, and 26 80 pw