NOTICE OF SALE UNDER POWER
State of Georgia
County of Berrien
Under and by virtue of the power of sale contained in that certain Deed To Secure Debt from Mary's Florist, LLC (the Debtor ) to and in favor of The Citizens Bank (the Lender ) dated April 25, 2006, filed for record April 26, 2006, and recorded in Deed Book 557, page 38, Berrien County, Georgia Public Deed Records, said Deed to Secure Debt having been given to secure a Note dated March 28, 2012 in the original principal sum of TWO HUNDRED FIFTY NINE THOUSAND ONE HUNDRED SEVENTY FOUR AND 35/100 Dollars ($259,174.35) with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Berrien County, Georgia, between the legal hours for sale on the first Wednesday in January, 2013 in Nashville, Georgia, the following property, to wit:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING 0.60 ACRE, MORE OR LESS, IN LAND LOT NO. 226, 10TH LAND DISTRICT, CITY OF NASHVILLE, BERRIEN COUNTY, GEORGIA, MORE PARTICULARLY DESCRIBED BY THAT CERTIAN PLAT OF SURVEY PREPARED BY JOHN A. HOGAN, GEORGIA REGISTERED LAND SURVEYOR NO. 2910, OF HOGAN SURVEYING COMPANY, NASHVILLE, GEORGIA, ENTITLED "PLAT OF SURVEY FOR MELBA S. GASKINS", DATED NOVEMBER 15, 2002, AND RECORDED IN THE OFFICE OF THE CLERK OF BERRIEN COUNTY SUPERIOR COURT IN PLAT CABINET 2, SLIDE F-30, WHICH SAID PLAT BY REFERENCE HERETO IS INCORPORATED HEREINAND MADE A PART OF THIS DESCRIPTION.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the installments due on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney s fees.
The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: The Citizens Bank, 301 South Davis Street, Nashville, Georgia 31639, (229) 686-7444. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
Said property will be sold as the property of Debtor subject to the outstanding ad valorem taxes and/or assessments, if any, any matters which might be disclosed by an accurate survey and inspection of the property, and all easements, restrictions, or other matters of record, if any, having priority over this Deed to Secure Debt. Said property will be sold on an as-is, where-is basis without recourse against Lender and without representation and warranty of any kind or nature whatsoever with respect thereto.
To the best knowledge and belief of the undersigned, the party in possession of the property is Debtor or a tenant or tenants of Debtor and said property is more commonly known as 717 S. Davis Street, Nashville, Georgia.
This sale will be conducted subject (a) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, (b) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt and (c) the right of redemption of any taxing authority.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Citizens Bank as
Mary's Florist, LLC (Debtor)
W. Cavan Perry
The Citizens Bank
301 South Davis Street
Nashville, GA. 31639
Dec. 5, 12, 19, 26