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NOTICE OF SALE UNDER POWER GEORGIA, TAYLOR COUNTY
Jan 09, 2013 | 216 views | email to a friend | print

NOTICE OF

SALE UNDER POWER



GEORGIA, TAYLOR COUNTY



Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt given by James Russell Pounds ("Grantor") to Central Bank of Georgia dated July 13, 2008 and recorded August 19, 2008 in Deed Book 166 Page 452 Taylor County, Georgia official records, (together with all modifications and amendments hereinafter collectively referred to as the "Security Deed"), conveying the property described below to secure repayment of that certain Note executed by Grantor and being in the original principal amount of Two Hundred Twenty-Nine Thousand, Two Hundred Thirty-Seven and 60/100 Dollars ($229,237.60), (as possibly modified, amended, renewed or replaced, including as possibly modified by that certain renewal note in the original principal amount of $295,742.78 and referenced in that separate Real Estate Deed to Secure Debt given by Grantor in favor of Central Bank of Georgia dated September 20, 2009, and recorded January 8, 2010, in Deed Book 173, Page 819, Taylor County, Georgia official records, and together with interest thereon as set forth therein collectively hereinafter referred to as the "Secured Indebtedness"), said Security Deed and Secured Indebtedness having been assigned to Ameris Bank ("Lender") by the Federal Deposit Insurance Corporation as Receiver for Central Bank of Georgia, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Taylor County, Georgia, within the legal hours of sale on February 5, 2013 the following described parcel of real property together with all improvements, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in the Security Deed:

38.635 acres of land located in Land Lot No. 23 in the 14th Land District of Taylor County, Georgia, and being more specifically described as follows:

COMMENCING at the point where the south land lot line of Land Lot No. 21 and the north land lot line of Land Lot No. 16 intersect with the north margin of Georgia Highway No. 137 and running thence north 43 33' 13" west a distance of 3,151.41 feet; thence north 44 44' 47" west a distance of 790.17 feet to the point of beginning and from said point of beginning running thence north 19 30'

27" east a distance of 77.67 feet; thence north 24 08' 39" east a distance of 195.09 feet; thence north 12 19' 08" east a distance of 222.17 feet; thence north 08 09' 54" west a distance of 158.81 feet; thence north 28 37' 18" east a distance of 163.73 feet; thence north 09 57' 45" west a distance of 108.33 feet; thence north 18 25' 38" east a distance of 113.54 feet; thence north 12 08' 09" west a distance of 40.79 feet; thence south 44 18' 11" west a distance of 193.69

feet; thence north 86 44' 06" or" west a distance of 126.58 feet; thence north 10 32' 52" east a distance of 827.83 feet; thence north 02 43' 54" west a distance of 513.8 feet to the center line of Flint River; thence south 71 03' 26" west a distance of 460.19 feet; thence south 54 13' 45" west a distance of 476.62 feet; thence south 42 24' 14" west a distance of 561.02 feet; thence south 72 32' 18" west a distance of 197.75 feet; thence south 44 44' 47" east a distance of 1,855.14 feet to the point of beginning.

Also conveyed herewith is an easement for ingress and egress purposes which easement is described as follows:

COMMENCING at the point where the south land lot line of Land Lot No. 21 and the north land lot line of Land Lot 16 intersects with the north margin of Georgia Highway No. 137 and running thence north 43 33' 13" west a distance of 3,151.41 feet; thence north 44 44' 47" west a distance of 790.17 feet; thence north 19 30' 27" east a distance of 77.67 feet; thence north 24 08' 39" east a distance of 195.09 feet; thence north 12 19' 08"

east a distance of 222.17 feet; thence north 08 09' 54" west a distance of 158.81 feet; thence north 28 37'18" east a distance of 163.73 feet; thence north 09 57'45" west a distance 108.33 feet; thence north 18 25'38" east a distance of 113.54 feet; thence north 12 08' 09" west a distance of 40.79 feet to the termination point of said easement. Commencing at Highway 137 said easement shall measure 20 feet in width and shall extend 20 feet to the east of the aforementioned described lined for the first 3,941.58 feet of said easement thereafter the easement shall extend 10 feet to the east of said line to the termination point.

A plat survey of the above described property and easement was prepared by Thomas W. Futral, III and is recorded in Plat Book 4 page 13, Taylor County Deed Records.



The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. The Secured Indebtedness remaining in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (written notice of intent to collect attorney's fees having been given).

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed.

To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through it.

AMERIS BANK,

assignee of FDIC

as Receiver for

Central Bank of Georgia and

Attorney-in-Fact and Agent for James Russell Pounds



Brad Baldwin

Burr & Forman LLP

Suite 1100

171 Seventeenth Street, N.W.

Atlanta, Georgia 30363

Email: bbaldwin@burr.com

(404) 815-3000 (Phone)

(404) 214-7930 (Fax)

THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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