NOTICE OF SALE UNDER POWER GEORGIA, MUSCOGEE COUNTY By virtue of a Power of Sale contained in that certain Deed to Secure Debt from L & D Properties, LLC to Community & Southern Bank (by virtue of that certain Assignment of Security Instruments and Other Loan Documents, filed and recorded April 24, 2012 in Deed Book 10552, Page 288, MUSCOGEE COUNTY, Georgia Records, assignee of the Federal Deposit Insurance Corporation in receivership of First National Bank of Georgia) (ÒCommunity & Southern BankÓ), dated March 2, 2009, filed and recorded March 16, 2009 in Deed Book 9636, Page 275, Muscogee County, Georgia Records (as amended, modified, or revised from time to time, ÒSecurity DeedÓ), said Security Deed having been given to secure a Note in the original principal amount of ONE HUNDRED FIFTY-NINE THOUSAND FOUR HUNDRED EIGHTY-NINE AND 80/100THS DOLLARS ($159,489.80) (as amended, modified, or revised from time to time, the ÒNoteÓ), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of MUSCOGEE COUNTY, Georgia, within the legal hours for sale on the first Tuesday in September, 2012, all property described in said Security Deed, including, but not limited to, declarant's rights, if any, and, without limitation, the following described property (or so much thereof as has not, as of said first Tuesday, by duly executed and recorded instrument, previously been released from the lien of the Security Deed): PARCEL 1 ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE CITY OF COLUMBUS, IN WHAT WAS FORMERLY THE VILLAGE OF WYNNTON, IN MUSCOGEE COUNTY, GEORGIA, BEING A PART OF WHAT IS KNOWN AS THE ÒJOSEPHINE B. PEACOCK HOME PLACEÓ, AND BETTER DESCRIBED AS BEGINNING AT A POINT 65 FEET 3 INCHES IN A SOUTHWESTERLY DIRECTION FROM THE NORTHWEST CORNER OF THE 7.76 ACRES OF LAND HERETOFORE CONVEYED BY S. K. DIMON TO L. G. BOWERS AND FULLY DESCRIBED IN DEED DATED SEPTEMBER 2, 1915, AND RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF SAID COUNTY OF MUSCOGEE IN DEED BOOK 18, PAGES 301-302, SAID BEGINNING POINT BEING ALSO THE SOUTHEAST INTERSECTION OF CEDAR AVENUE AND 13TH STREET (FORMERLY WATKINS STREET), AND RUNNING THENCE SOUTHERLY, ALONG THE EAST SIDE OF SAID CEDAR AVENUE, 109.5 FEET, MORE OR LESS; THENCE EASTERLY 225 FEET, MORE OR LESS; THENCE NORTHERLY 108 FEET 6 INCHES, MORE OR LESS, TO SAID 13TH STREET (FORMERLY WATKINS STREET); THENCE WESTERLY ALONG THE SOUTH SIDE OF SAID 13TH STREET (FORMERLY WATKINS STREET), 225.5 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, BEING THE IDENTICAL PROPERTY CONVEYED TO CLIFFORD A. PEACOCK BY L. G. BOWERS BY DEED DATED DECEMBER 11, 1924, OF RECORD IN THE OFFICE OF THE SAID CLERK IN DEED BOOK 56, PAGE 420. THE ABOVE DESCRIBED PROPERTY IS BOUNDED ON THE WEST BY CEDAR AVENUE; ON THE NORTH BY 13TH STREET; ON THE EAST BY PROPERTY NOW OR FORMERLY OWNED BY GRANTEE; AND ON THE SOUTH BY PROPERTY KNOWN AS WYNNTON TOWERS. A PLAT SHOWING THE EASTERN AND SOUTHERN BOUNDARIES OF THE PROPERTY HEREBY CONVEYED IS SHOWN ON PLAT RECORDED IN PLAT BOOK 47, FOLIO 56, IN THE OFFICE OF THE AFORESAID CLERK. TOGETHER WITH: PARCEL 2 ALL THAT LOT, TRACT AND PARCEL OF LAND SITUATE, LYING AND BEING IN COLUMBUS, MUSCOGEE COUNTY, GEORGIA, BEING KNOWN AND DESIGNATED AS PART OF LAND LOT 77, COWETA RESERVE IN SAID STATE AND COUNTY, AS SAID PROPERTY IS SHOWN UPON A MAP OR PLAT THEREOF ENTITLED ÒSURVEY OF PART OF LAND LOT 77, COWETA RESERVE, MUSCOGEE COUNTY, GEORGIAÓ, MADE BY SIEGEL ENGINEERING COMPANY, DATED APRIL 7, 1970, AND RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF MUSCOGEE COUNTY, GEORGIA IN PLAT BOOK 47, FOLIO 56, TO WHICH REFERENCE IS HEREBY MADE, AND BEING CONTAINED WITHIN THE FOLLOWING METES AND BOUND, TO-WIT: BEGINNING AT AN IRON PIN LYING ON THE SOUTHEASTERLY LINE OF 13TH STREET, WHICH IS LOCATED WESTERLY AND SOUTHWESTERLY A DISTANCE OF 126.25, AS MEASURED ALONG THE SAID SOUTHEASTERLY AND SOUTHERLY LINE OF 13TH STREET, FROM AN IRON PIN LOCATED AT THE WESTERNMOST TERMINUS OF A CURVE, HAVING A RADIUS OF 32.70 FEET, FORMED BY THE INTERSECTION OF THE SOUTHERLY LINE OF 13TH STREET WITH THE WESTERLY LINE OF FOREST AVENUE, AND FROM SAID BEGINNING POINT RUNNING THENCE SOUTH 17 DEGREES 53 MINUTES EAST A DISTANCE OF 90.88 FEET TO AN IRON PIN; RUNNING THENCE SOUTH 17 DEGREES 35 MINUTES EAST A DISTANCE OF 22 FEET TO AN IRON PIN; RUNNING THENCE SOUTH 65 DEGREES 00 MINUTES WEST A DISTANCE OF 78.42 FEET TO AN IRON PIN; RUNNING THENCE NORTH 14 DEGREES 15 MINUTES WEST A DISTANCE OF 103.76 FEET TO AN IRON PIN LOCATED ON THE SAID SOUTHEASTERLY LINE OF 13TH STREET; RUNNING THENCE NORTH 57 DEGREES 07-1/2 MINUTES EAST ALONG THE SAID SOUTHEASTERLY LINE OF 13TH STREET A DISTANCE OF 71.0 FEET TO AN IRON PIN; CONTINUING THENCE ALONG THE SAID SOUTHEASTERLY LINE OF 13TH STREET NORTH 57 DEGREES 06 MINUTES EAST A DISTANCE OF 2.75 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PROPERTY IS PART OF THAT PROPERTY CONVEYED BY C. C. COLBERT TO EUGENE PURVIS BY WARRANTY DEED DATED NOVEMBER 21, 1932 AND RECORDED IN THE OFFICE OF THE AFOREMENTIONED CLERK IN DEED BOOK 109, FOLIO 551. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including, but not limited to, the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees and other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by inspection of the property; any outstanding taxes, including, but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; and all outstanding bills for public utilities which constitute liens upon said property; To the best of the knowledge and belief of the undersigned, the party in possession of the property is L & D Properties, LLC or tenant(s). The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Community & Southern Bank and its counsel are acting as debt collectors. Any information obtained will be used for that purpose. Community & Southern Bank as Attorney-in-Fact for L & D Properties, LLC Contact: Guillermo Todd, Esq. Busch, Slipakoff & Schuh, LLP 3330 Cumberland Boulevard, Suite 300 Atlanta, Georgia 30339 Telephone (770) 790-3550 Pub:Aug.7,14,21&28,2012(2482008)