Columbus Ledger-Enquirer
Muscogee County

NOTICE OF SALE UNDER POWER GEORGIA, MUSCOGEE COUNTY
Jan 07, 2013 | 76 views | email to a friend | print

NOTICE OF SALE UNDER POWER GEORGIA, MUSCOGEE COUNTY Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt made by RTC PROPERTIES, LLC, Grantor, to BRANCH BANKING AND TRUST COMPANY, successor in interest to Colonial Bank by asset acquisition from the Federal Deposit Insurance Corporation as Receiver for Colonial Bank, Grantee, on the 3rd day of September 2008 (ÒSecurity DeedÓ), said deed recorded on September 5, 2008, in the Superior Court of Muscogee County, Georgia, in Deed Book 9476, Page 62, and as affected by that certain Collateral Assignment of Leases and Rents (ÒCollateral AssignmentÓ) made by Grantor to Grantee, on the 3rd day of September 2008, said Collateral Assignment recorded on September 5, 2008, in the Superior Court of Muscogee County, Georgia, in Deed Book 9476, Page 69, as further affected by that certain Assignment of Security Instruments, Notes and Other Loan Documents from the Federal Deposit Insurance Corporation in its capacity as Receiver for Colonial Bank to Branch Banking and Trust Company (BB&T), recorded in the Superior Court of Muscogee County, Georgia, on December 8, 2009, in Deed Book 9878, Page 183, and as further affected by that certain Assignment of Security Instruments, Notes and Other Loan Documents from the Federal Deposit Insurance Corporation in its capacity as Receiver for Colonial Bank to Branch Banking and Trust Company (BB&T), recorded in the Superior Court of Muscogee County, Georgia, on November 30, 2012, in Deed Book 10760, Page 61, conveying the after-described property to secure that certain Commercial Promissory Note and Security Agreement dated September 3, 2008, from Grantor payable to Grantee in the original principal amount of One Hundred Thousand and No/100 Dollars ($100,000.00), and all modifications thereof, with the last modification being dated October 27, 2009, with interest thereon as set forth therein (the ÒNoteÓ), 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 of sale on the first Tuesday in February, 2013, the following described real estate situated in Muscogee County, Georgia, to wit: PARCEL ONE: All that lot, tract or parcel of land situate, lying and being in the State of Georgia, County of Muscogee and City of Columbus, and being known and distinguished as ALL OF LOT NUMBERED SEVEN (7), in BLOCK LETTERED "B", OF CLARA M. YOUNG SURVEY, according to a map or plat of said Survey recorded in Deed Book 7, folio 533, in the office of the Clerk of the Superior Court of Muscogee County, Georgia. Said Lot 7 is also shown to front 51 feet on the northwestern line of Hamilton Road and to extend back northwesterly therefrom, in lines of equal width as front, for a depth of 140 feet to a 10 foot unopened alleyway in the rear as shown by a map or plat entitled "Survey of Lots 6 & 7, Block "B", Clara M. Young Subdivision, Lying in Land Lot 68, 8th District, Columbus, Muscogee County, Georgia," dated November 24, 2004, made by Hobbs, Smith & Associates, Inc., Registered Land Surveyors, and recorded in Plat Book 153, folio 29, in the office of the aforesaid Clerk. Situated on said property is store building numbered 4125 Hamilton Road, according to the present system of numbering store buildings in Columbus, Georgia. PARCEL TWO: All that lot, tract and parcel of land situate, lying and being in the State of Georgia, County of Muscogee and City of Columbus, and being known and designated as ALL OF LOT NUMBERED SIX (6), in BLOCK LETTERED "B", OF THE CLARA M. YOUNG SURVEY, as shown by a map or plat said Survey recorded in Deed Book 7, folio 533, in the office of the Clerk of the Superior Court of Muscogee County, Georgia. Said Lot 6 is also shown to front 51 feet on the northwestern line of Hamilton Road and to extend back northwesterly therefrom, in lines of equal width as front, for a depth of 140 feet to a 10 foot unopened alleyway in the rear, as shown by a map or plat entitled "Survey of Lots 6 & 7, Block "B", Clara M. Young Subdivision, Lying in Land Lot 68, 8th District, Columbus, Muscogee County, Georgia", dated November 24, 2004, made by Hobbs, Smith & Associates, Inc., Registered Land Surveyors, and recorded in Plat Book 153, folio 29, in the office of the aforesaid Clerk. Located thereon is store building 4121 and house #4121_ Hamilton Road, according to the present numbering of store buildings and houses in Columbus, Georgia. The indebtedness under the above-described Note secured by said Security Deed has been and is hereby declared due and payable 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. 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 the Security Deed and by law, including Attorney's fees (notice of intent to collect Attorney's fees having been given as provided by law). The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security. Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed. To the best of the undersigned's knowledge and belief, the property is located in and being designated as Lots 6 and 7, Block ÒBÓ of the Clara M. Young Survey, in the City of Columbus, Muscogee County, Georgia, as more particularly described hereinabove, and the party in possession of the property is RTC Properties, LLC, or its tenant or tenants. Branch Banking and Trust Company as Attorney-in-Fact for RTC Properties, LLC Sasser, Sefton, Brown, Tipton & Davis, P.C. Patrick L. W. Sefton, Esq. 2000 Interstate Park Drive, Suite 300 Montgomery, AL 36109 (334) 532-3400 Publish: January 8, January 15, January 22, and January 29, 2013 Pub.Jan.8,15,22,29,2013(2498289)