NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF GREENE THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF GREENE
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
By virtue of Power of Sale contained in the Deed With Power of Sale to Secure Debt from Danny E. Sardella and Sandra K. Sardella (collectively, Grantor ), to McIntosh State Bank, a Georgia banking corporation ( McIntosh ), dated as of November 8, 2006, and recorded in Deed Book 861, Page 152, in the records of the Clerk of Superior Court of Greene County, Georgia, as modified by the Deed Modification Agreement dated November 16, 2007 and recorded in Deed Book 908, Page 649, aforesaid records, as further modified by the Deed Modification Agreement dated December 29, 2008 and recorded in Deed Book 946, Page 49, aforesaid records, as assigned to Hamilton State Bank ( Holder ) by Assignment of Security Instruments and Other Loan Documents, dated June 17, 2011, recorded in Deed Book 1035, Page 279, aforesaid records (the Deed With Power of Sale to Secure Debt, as same may from time to time have been amended and restated, replaced, substituted or modified, being hereinafter referred to as the Security Deed ), said Security Deed being given to secure a promissory note dated as of December 29, 2008 from Grantor in favor of Holder, in the original stated principal amount of One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00), with interest from the date thereof at the rate specified therein (the promissory note, as same may from time to time have been consolidated, amended and restated, replaced, renewed, substituted or modified, being hereinafter referred to as the Note ), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Greene County, Georgia, within the legal hours of sale on the first Tuesday in August, 2012, the following property (collectively, Property ):
All that tract or parcel of land lying and being in the 161st District, G.M., Greene County Georgia, within Reynolds Landing f/k/a Port Armor Subdivision being designated and known as Lot 29, containing 1.44 acres, more or less and Lot 30, containing 1.81 acres, more or less, Long Cove Subdivision, as shown on the plat of survey prepared by Ayres & Associates, certified by Keith A. Wilson, Registered Land Surveyor No. 2347, dated June 25, 1987, recorded in Plat Book 15, Pages 46-49, in the office of the Clerk of Court of Superior Court, Greene County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference.
The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of the Note and Security Deed 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 Security Deed, including attorneys fees as provided in the Note and Security Deed, notice of intention to collect attorneys fees having been given as provided by law; and the remainder, if any, shall be applied as provided by law.
To the best of Holder s knowledge, the party in possession of the Property is the Grantor. Said property will be sold as the property of Grantor subject to the following: (a) that certain Security Deed dated June 30, 2003 from Grantor to Astoria Federal Mortgage Corp. and recorded in Deed Book 713, Page 660, in the deed records of the Clerk of Superior Court of Greene County, Georgia; (b) all unpaid real estate ad valorem taxes and governmental assessments; and (c) all prior restrictions, rights-of-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 Holder.
The entity that has full authority to negotiate, amend, and modify all the terms of the mortgage with Grantor is: Hamilton State Bank, 1907 Highway 211, Hoschton, Georgia 30548, Attention: Susan E. Chaney, (770) 967-5073. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
HAMILTON STATE BANK, A GEORGIA BANKING CORPORATION,
AS ATTORNEY-IN-FACT FOR
DANNY E. SARDELLA AND SANDRA K. SARDELLA
Johnny D. Latzak, Jr., Esq.
Bryan Cave LLP
One Atlantic Center
1201 West Peachtree Street, NW
Atlanta, Georgia 30309