NOTICE OF SALE

UNDER POWER



GEORGIA, THOMAS COUNTY



By virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement (Security Deed) from CHARLES MAX TOLES, JR. and JANE D. TOLES (Grantors), to SYNOVUS BANK, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger with COMMERCIAL BANK, (Lender) dated March 29, 2005, and recorded in Deed Book 1181, beginning at Page 298, Thomas County Records, said Security Deed securing that certain note from Charles Max Toles, Jr. and Jane D. Toles in favor of Lender dated September 29, 2011, in the original principal amount of Seventy Five Thousand Two Hundred Ten and 00/100ths Dollars ($75,210.00) and that certain promissory note from C-Max Investments, LLC in favor of Lender dated February 28, 2011, in the original principal amount of Four Million One Hundred Fifty Thousand Nine Hundred Ninety and 82/100 Dollars ($4,150,990.82 (the "Notes") with interest as provided in the Notes, together with any and all other indebtedness owing by Grantors to Lender, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Thomas County, Georgia, within the legal hours of sale on the first Tuesday in August, 2012, the following described property:



Parcel 1:



All that tract or parcel of land situate, lying and being in land lot number 380 of the 13th land district of Thomas County, Georgia, and containing 8.92 acres, and being more particularly described on a plat of survey prepared by Ben DeVane, Ga. Reg. Land Surveyor dated August 7, 1979, a copy of which said plat is recorded in Plat Book 3, folio 343 of the Public Records of Thomas County, Georgia, and being more particularly described as follows:



BEGINNING at a concrete monument located at the southeast corner of land lot number 380 and run thence north 88 degrees 42 minutes 00 seconds west along the south line of land lot number 380 a distance of 343.50 feet to a concrete marker; thence north 00 degrees 05 minutes 11 seconds east 1,070.59 feet to a concrete marker located on the south margin of the Thomasville-Barwick Road run thence in a northeasterly direction to a concrete marker that is located north 75 degrees 25 minutes 59 seconds east a distance of 329.25 feet from the last previous point; thence north 78 degrees 56 minutes 42 seconds east along the south margin of the Thomasville-Barwick Road 25.36 feet to a concrete marker; thence south 00 degrees 05 minutes 11 seconds west 1,175.06 feet to a concrete marker located at the southeast corner of land lot number 380 and the point of beginning of the property herein conveyed.



Parcel 2:



All that tract or parcel of land situate, lying and being in Land Lot No. 403 of the 13th District of Thomas County, Georgia containing 1.001 Acres more particularly described as follows:



Commence at the intersection of the Southeast margin of Land Lot 380 and the Southwest margin of Land Lot 403, this being the Point of Beginning of the property herein conveyed, and run thence North 0 degrees 05 minutes 11 seconds East 645.17 feet to an iron pin; thence run South 89 degrees 54 minutes 49 seconds East 67.5 feet to an iron pin; thence run South 0 degrees 05 minutes 11 second West 646.64 feet to an iron pin; thence run North 88 degrees 42 minutes West 67.52 feet to the point of beginning of the property herein conveyed.



Parcel 3:



All that tract or parcel of land situate, lying and being in Land Lot Number 380 of the 13th Land District of Thomas County, Georgia, containing 110.601 acres and being more particularly described on a plat of survey prepared for the Estate of John H. Tyler by Frank E. Carlton, Ga. Reg. Surveyor dated January 7, 1982, a copy of which said plat is recorded in Plat Book 5, folio 181 of the Public Records of Thomas County, Georgia, and being more particularly described as follows:



Commence at the concrete marker located at the southeast corner of land lot number 380 and run thence north 00 degrees 08 minutes 34 seconds east along the east line of land lot number 380 a distance of 1,256.73 feet to a concrete marker located on the north margin of the Thomasville-Barwick Paved Road, which is the point of beginning of the property herein conveyed. FROM SAID POINT OF BEGINNING run thence north 00 degrees 59 minutes 16 seconds east a distance of 1,134.83 feet to a concrete marker; thence north 02 degrees 30 minutes 41seconds east a distance of 1,423.41 feet to a concrete marker; thence north 01 degree 16 minutes 41 seconds east 459.59 feet to a concrete marker; thence south 83 degrees 25 minutes 05 seconds west a distance of 1,216.88 feet to a concrete marker; thence south 18 degrees 12 minutes 55 seconds west 1,032.22 feet to a concrete marker; thence south 21 degrees 43 minutes 49 seconds west 423.25 feet to a concrete marker; thence south 05 degrees 38 minutes 22 seconds east 393.42 feet to a concrete marker; thence south 01 degrees 10 minutes 15 seconds west 646.85 feet to a concrete marker; thence south 08 degrees 40 minutes 55 seconds east 198.28 feet to a concrete marker; thence south 01 degrees 27 minutes 04 seconds west 871.94 feet to a concrete marker located on the north margin of the Thomasville-Barwick Paved Road; thence north 66 degrees 23 minutes 24 seconds east along the north margin of the Thomasville-Barwick Paved Road a distance of 1,037.13 feet to an iron pin; thence in a northeasterly direction along the curvature of the north margin of the Thomasville-Barwick Paved Road to an iron pin that is located north 72 degrees 39 minutes 58 seconds east a distance of 605.15 feet from the last previous point; thence north 78 degrees 56 minutes 32 seconds east along the north margin of the Thomasville-Barwick Paved Road a distance of 42.41 feet to a concrete marker and the point of beginning of the property herein conveyed.



Parcel 4:



All that tract or parcel of land situate, lying and being in Land Lot No. 380 of the 13th Land District of Thomas County, Georgia, and being more particularly identified as Parcel 2 on a plat of survey prepared for the Estate of John H. Tyler by Frank E. Carlton, Ga. Reg. Surveyor, dated March 17, 1984, a copy of which said plat is recorded in Plat Book 3, Page 789 of the Public Records of Thomas County, Georgia, and being more particularly described as follows:



Commence at the southeast corner of Land Lot No. 380 and run thence north 88 degrees 42 minutes 30 seconds west along the south Line of Land Lot No. 380 a distance of 343.50 feet to a concrete marker and the point of beginning of the property herein conveyed. From said point of beginning run thence north 88 degrees 42 minutes 30 seconds west 2,377.08 feet to an iron pin located on the southeast margin of the Thomasville-Barwick Highway; thence north 66 degrees 23 minutes 24 seconds east along the southeast margin of the Thomasville-Barwick Highway 2,330.91 feet to a point; continue thence in a northeasterly direction along the curvature of the southeast margin of the Thomasville-Barwick Highway to an iron pin that is located north 69 degrees 09 minutes 16 seconds east a distance of 259.40 feet from the last previous point, and the property of H. Verlyn Denney and Betty W. Denney; thence south 00 degrees 05 minutes 07 seconds west along the property of H. Verlyn Denney and Betty W. Denney a distance of 1,079.47 feet to a concrete marker and the point of beginning of said property. The above certain tract of land located in Land Lot 380 of the 13th Land District of Thomas County, Georgia, contains 29.794 acres more or less.



EXCEPTED from the within described property and not hereby conveyed are portions thereof heretofore conveyed to Michael Boles by deeds of record in Deed Book 235 Page 701 and 454 Page 20 of the Deed Records of Thomas County, Georgia.



Said property may be subject to all zoning ordinances, valid restrictive covenants and easements of record or in actual existence applicable thereto.



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.



The indebtedness arising from the Notes has been and is hereby declared due because of default under the terms of the Notes, including, but not limited to the nonpayment of principal 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 indebtedness secured by the Security Deed, accrued interest and expenses of the sale, and all other payments provided for under the Notes and Security Deed, including attorney fees as provided in the Notes and Security Deed, notice of intention to collect attorney fees having been given as provided by law; and the remainder, if any, shall be applied as provided by law.



To the best of the Lender's knowledge, the party in possession of the property is Grantors.



Said property will be sold subject to all liens, encumbrances, unpaid real estate ad valorem taxes and governmental assessments and to all prior restrictions, rightsof-way, and easements 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 Lender.



This 3rd day of July, 2012.



SYNOVUS BANK, FORMERLY KNOWN AS COLUMBUS BANK AND TRUST COMPANY, AS SUCCESSOR IN INTEREST THROUGH NAME CHANGE AND BY MERGER TO COMMERCIAL BANK, ATTORNEYINFACT FOR CHARLES MAX TOLES, JR. AND JANE D. TOLES



Attorney for Attorney-in-Fact

Stephen G. Gunby

Page, Scrantom, Sprouse, Tucker & Ford, P.C.

1111 Bay Avenue, 3rd Floor

Post Office Box 1199

Columbus, Georgia 31902

(706) 324-0251



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



00034138

07/13,20,27;08/03/12