The Tifton Gazette
Tift County

NOTICE OF SALE GEORGIA, TIFT COUNTY.
Nov 09, 2012 | 208 views | email to a friend | print

NOTICE OF SALE

GEORGIA, TIFT COUNTY.



By virtue of a power of sale contained in that certain Deed to Secure Debt from KEVIN E. SWILLEY to TIFTON BANKING COMPANY, dated June 12, 2008, and recorded in Deed Book 1423, Page 3, et seq., said Deed to Secure Debt having been subsequently assigned to AMERIS BANK, said Deed to Secure Debt having originally been given to secure that certain Promissory Note in the original principal amount of ONE HUNDRED EIGHTY-SIX THOUSAND THREE HUNDRED SIXTY-SIX and 50/100 DOLLARS ($186,366.50) 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 KEVIN E. SWILLEY to AMERIS BANK, as assignee of TIFTON BANKING COMPANY, there will be sold by the undersigned, at public outcry, to the highest bidder for cash, before the courthouse door at Tifton, Tift County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012, the following described property:



All that certain tract or parcel of land lying and being in Land Lot 304 of the Sixth Land District of Tift County, Georgia, and being more particularly described as follows: To obtain the point of beginning, COMMENCE at the intersection of the east land lot line of Land Lot 304 with the north right of way line of Springhill Drive, and travel thence north 88 degrees 14 minutes west 439.4 feet along the north right of way line of Springhill Drive; thence travel south 45 degrees 36 minutes west 122.6 feet; thence travel south 85 degrees west 698.3 feet along the north right of way line of Springhill Drive to the point or place of beginning of the tract herein described; thence travel south 85 degrees 54 minutes west 218.75 feet along the north right of way line of Springhill Drive; thence travel north 4 degrees 27 minutes west 335.8 feet; thence travel north 79 degrees 36 minutes 30 seconds east 220.85 feet; thence travel south 4 degrees 18 minutes 15 seconds east 360 feet to the point or place of beginning of the tract herein described. Said tract of land contains 1.74 acres and is more particularly described as part of Lots 19 and 20 of the Springhill Subdivision according to that plat of survey entitled Survey for Bruce Sabatino and Beverly Sabatino, prepared by Gibbs and Harper Surveying Company of Tifton, Georgia, on March 19, 1991, said plat being recorded in Plat Book 21, page 2, in the office of the Clerk of Tift Superior Court, and being by reference incorporated herein.



The indebtedness secured by the aforementioned Deed to Secure Debt has been and is hereby declared immediately due and payable in full because of the failure of KEVIN E. SWILLEY to maintain payments upon said indebtedness owing to AMERIS BANK, as Assignee of TIFTON BANKING COMPANY 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 properties will be sold as the properties of KEVIN E. SWILLEY 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 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 Deed to Secure Debt.



To the best of the knowledge and belief of the undersigned, the party presently in possession of said property is KEVIN E. SWILLEY, and/or a tenant or tenants.



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



AMERIS BANK, as Assignee of TIFTON BANKING COMPANY, as Attorney-in-Fact for KEVIN E. SWILLEY

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

/s/ D. BRADLEY FOLSOM

Attorneys for AMERIS BANK, as Assignee of

TIFTON BANKING COMPANY

2805 North Oak Street, Suite A

Valdosta, Georgia 31602

(229) 245-7823



00042169

PUBLICATION DATES: November 10th, 17th, 24th and December 1st, 2012.