The Tifton Gazette
Tift County

NOTICE OF SALE UNDER POWER GEORGIA, TIFT COUNTY THIS 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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NOTICE OF SALE

UNDER POWER



GEORGIA, TIFT COUNTY



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



Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES M. STRAWTER to AMERICAN BANKING COMPANY D/B/A AMERIS dated March 27, 2006, recorded in Deed Book 1261, Page 113, Tift County, Georgia Records, conveying the after-described property to secure a Note in the amount of Twenty-Six Thousand Two Hundred Thirty-Five Dollars and 43/100 ($26,235.43) with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Tift County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012, the following described property:



All that tract or parcel of land lying and being in Land Lot 254 in the 6th Land District of Tift County, Georgia, being located in the Town of Ty Ty, and being more fully described as follows: Beginning at a point on the east margin of Smith Street (formerly Sixth Street), the said point being south 05 degrees east 171.70 feet from the point of intersection of the east margin of Smith Street with the south margin of Cherry Street; thence from such beginning point, run north 81 degrees 33 minutes 30 seconds east 150 feet; thence run south 05 degrees 06 minutes 53 seconds east 135 feet along the west margin of an alley; thence run south 85 degrees west 150 feet to the east margin of Smith Street; thence run north 05 degrees west 126 feet along the east margin of Smith Street to the point of beginning, being 0.45 acres, as shown by a plat thereof prepared by James H. Hampton, Surveyor, the said plat being recorded in Plat Book 12, page 263, public records, Tift County, Georgia, and incorporated herein by reference.



The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Security Deed and by law, including attorneys fees (notice of intent to collect attorneys 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 first set out above.



To the best knowledge and belief of the undersigned, the party in possession of the property is JAMES M. STRAWTER or a tenant or tenants.



Pursuant to O. C. G. A. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above described mortgage is as follows: AMERIS BANK, P.O. BOX 165, OCILLA, GA 31774. Telephone: 229-468-4149. The foregoing notwithstanding, nothing in O. C. G. A.44-14-162.2 shall be construed to require AMERIS BANK to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.



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 the security deed.



This 11th day of October, 2012.



AMERIS BANK AS SUCCESSOR BY MERGER WITH AMERICAN BANKING COMPANY D/B/A AMERIS AS ATTORNEY IN FACT FOR JAMES M. STRAWTER



DAVID M. WOLFSON, P. C.

Attorney at Law

1010 Williams Street

Valdosta, GA 31601

(229) 257-0080

State Bar No. 773395



00042193

11/10,17,24;12/01/12