Columbus Ledger-Enquirer
Muscogee County

NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT AND ASSIGNMENT OF RENTS UNDER AND BY VIRTUE
Aug 07, 2012 | 55 views | email to a friend | print

NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT AND ASSIGNMENT OF RENTS UNDER AND BY VIRTUE of the power of sale contained in that certain Deed to Secure Debt and Assignment of Rents dated November 28, 2006, executed and delivered by PARRISH CONSTRUCTION CO., INC. (ÒGrantorÓ) to Wachovia Bank, National Association n/k/a WELLS FARGO BANK, NATIONAL ASSOCIATION (ÒLenderÓ), and recorded in Deed Book 8707, Page 337, records of Muscogee County, Georgia, as modified by that certain Modification and Extension of Deed to Secure Debt, dated August 21, 2008, and recorded in Deed Book 9472, Page 57, aforesaid records (as so modified, the ÒSecurity DeedÓ), Lender, as Attorney-in-Fact for Grantor, will sell at public outcry, to the highest bidder for cash, before the courthouse door of Muscogee County, Georgia, within the legal hours of sale on the first Tuesday in September, 2012, the following described property (hereinafter collectively referred to as the ÒPremisesÓ): All that tract and parcel of land situate, lying and being in Land Lots 158 and 163 of the 9th Land District, Columbus, Muscogee County, Georgia, said tract containing 19.392 acres, and being shown upon a map or plat entitled ÒSurvey of Part of Land Lot 158 & 163, 9th District, Columbus, Muscogee County, GeorgiaÓ prepared by Hobbs, Smith & Associates, Inc. under date of March 12, 1993, filed for record March 23, 1993 and recorded in Plat Book 121, page 90 in the Office of the Clerk of the Superior Court of Muscogee County, Georgia, to which reference is made for a more particular description of the property herein conveyed. Located thereon is dwelling numbered 9999 Chattsworth Road, according to the present system of numbering houses in Muscogee County, Georgia. LESS AND EXCEPT All that tract and parcel of land situate, lying and being in Columbus, Muscogee County, Georgia, being known and designated as ALL OF LOT NUMBERED THREE HUNDRED (300), 7.774 ACRES, REPLAT OF PART OF LAND LOTS 158 AND 163, 9TH DISTRICT, as shown upon a map or plat entitled ÒReplat of Part of Land Lots 158 & 163, 9th District, Columbus, Muscogee County, GeorgiaÓ prepared by Hobbs, Smith & Assoc., Inc. under date of September 9, 2008, filed for record September 19, 2008 and recorded in Plat Book 161, page 259 in the Office of the Clerk of the Superior Court of Muscogee County, Georgia, to which reference is made for the particular location and dimensions of said lot. FURTHER LESS AND EXCEPT All that lot, tract or parcel of land situate, lying and being in Columbus, Muscogee County, Georgia, said lot containing 5.162 acres, more or less, and being known and designated as LOT 100, and shown as such upon a map or plat entitled ÒReplat of Part of Land Lots 158 & 163, 9th District, Columbus, Muscogee County, GeorgiaÓ prepared by Hobbs, Smith & Assoc., Inc. under date of September 9, 2008, filed for record September 19, 2008, and recorded in Plat Book 161, page 259 in the Office of the Clerk of the Superior Court of Muscogee County, Georgia, to which reference is made for the particular location and dimensions of said lot. Mailing address is 9963 Chattsworth Road (Midland), according to the present system of numbering in Muscogee County, Georgia. FURTHER LESS AND EXCEPT All that lot, tract or parcel of land situate, lying and being in Columbus, Muscogee County, Georgia, said lot containing 1.096 acres, more or less, and shown upon a map or plat entitled ÒReplat for Hodge & Parrish, Lots 200 & 300, Part of Land Lots 158 & 163, 9th District, Columbus, Muscogee County, GeorgiaÓ prepared by Hobbs, Smith & Assoc., Inc. under date of October 22, 2010, filed for record October 27, 2010 and recorded in Plat Book 162, page 305 in the Office of the Clerk of the Superior Court of Muscogee County, Georgia, to which reference is made for the particular location and dimensions of said lot. (the ÒLandÓ); TOGETHER WITH (i) all buildings and improvements now or hereafter erected on the Land; (ii) all fixtures attached to the Land or any buildings or improvements situated thereon; and (iii) all estates, rights, tenements, hereditaments, privileges, rents, issues, profits easements, and appurtenances of any kind benefiting the Land; all means of access to and from the Land, whether public or private; and all water and mineral rights. The Premises will be sold as the property of Grantor. To the best of the knowledge of Lender, the Premises is in the possession of Grantor or those claiming by, through or under Grantor. The Premises will be sold subject to (i) all unpaid taxes and assessments; (ii) all matters that would be disclosed by a current and accurate survey and inspection of the Premises; and (iii) all easements, limitations, restrictions, reservations, covenants and encumbrances of record to which the Security Deed is inferior in terms of priority. The Security Deed secures the indebtedness now evidenced by that certain Promissory Note dated March 5, 2008, made, executed and delivered by Grantor to Wachovia Bank, National Association n/k/a Lender in the original principal amount of $1,500,000.00, as modified (as so modified, the ÒNoteÓ), together with other indebtedness of Grantor to Lender as more particularly set forth in the Security Deed. The entire indebtedness secured by the Security Deed has matured and/or is in default and has been declared due and immediately payable under the terms of said Note and the Security Deed. The proceeds of the sale of the Premises shall be applied first to the expenses of publication, notice and sale, including attorney's fees (notice of intent to collect attorney's fees having been given and hereby given), and as otherwise provided by the Security Deed. The undersigned may sell that portion of the above-described property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the above-described property as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned's intent will be given by announcement made at the commencement of the public sale. WELLS FARGO BANK, NATIONAL ASSOCIATION As Attorney-in-Fact for PARRISH CONSTRUCTION CO., INC. Eugene D. Bryant, Esq. Smith, Gambrell & Russell, LLP 1230 Peachtree Street Atlanta, Georgia 30309 (404) 815-3500 Pub:Aug.7,14,21&28,2012(2481568)
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