NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF MUSCOGEE Under and by virtue of the power of sale contained in a Deed to Secure Debt by Jeffery Holloway to Central Bank of Georgia, dated January 12, 2007, and recorded in Deed Book 8771, page 240, et seq., Muscogee County, Georgia records, which deed was modified by instrument dated August 26, 2009 and recorded in Deed Book 09822, page 259, et seq., and further modified by instrument dated September 23, 2009, and recorded in Deed Book 09822, page 257 et seq., and further modified by instrument dated August 18, 2010, and recorded in Deed Book 10087, page 198 et seq., aforesaid records, as last transferred to Ameris Bank by Assignment dated August 28, 2012, and filed for record in Deed Book 10734, Page 222 Muscogee County, GA deed records, conveying the after-described real property to secure a Note in the principal amount of $167,667.73, with interest thereon, as set forth in said Note, there will be sold at public outcry for cash to the highest bidder before the Courthouse Door in said County, during the legal hours of sale on the first Wednesday in January, 2013, by Ameris Bank, as Attorney-in-Fact for Jeffery Holloway , the following described property to-wit: All that lot, tract and parcel of land situate, lying and being in Columbus, Muscogee County, Georgia, being known and designated as all of Lot Numbered Eighteen (18), Block Lettered ÒFÓ, of Lands of the Rose Hill Company, as said lot is more particularly described as beginning at a point on the South side of 33rd Street, which point is located at the northwest corner of Lot Number 24, Block ÒFÓ, and running thence in a southerly direction along the dividing line between said Lot Number 18 and Lots Number 24, 23 and 22, Block ÒFÓ a distance of 150 feet to the northeast corner of Lot Number 17, Block ÒFÓ, thence in a westerly direction along the dividing line between Lots 17 and 18, Block ÒFÓ, a distance of 50 feet to the southeast corner of Lot Number 16, Block ÒFÓ; thence in a northerly direction along the dividing line between said Lots Number 16 and 18, a distance of 150 feet to the south side of 33rd Street; thence in an easterly direction, along the South side of 33rd Street, a distance of 50 feet to the Point of Beginning. The property is commonly known as 1042 33rd Street, Columbus, GA 31904.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default, including, but not limited to, default in the payment of the indebtedness secured thereby according to the terms of said Note and Deed to Secure Debt, this sale will be made for the purpose of paying the same and all expenses of the sale as provided in said instruments and by law, including attorney's fees (notice of intention to collect attorney's fees having been given as provided by law). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ameris Bank, 1201 West Peachtree Street, NW, Suite 3150, Atlanta, GA 30309, telephone number 770-591-2588. This information is given to you as required by law, but does not give you a right, and the lender is not required by law, to negotiate, amend or modify the terms of the loan note or deed to secure debt. The aforesaid property will be sold subject to the following: (1) All outstanding ad valorem taxes, including such taxes that constitute a lien, but are not yet due and payable, any matters which would be disclosed by an accurate survey and inspection of the property, all valid zoning ordinances, all prior covenants, restrictions, easements, assessments, liens, rights-of-way, senior encumbrances, water and sewage bills that constitute liens, and any matters of record superior to the Deed to Secure debt described above. The sale will be conducted subject to confirmation that the sale does not violate a stay issued under the Bankruptcy Code or by any court having jurisdiction to stay the proceeding, and confirmation that the loan remains in default by the holder of the Deed to Secure Debt herein described. To the best of the undersigned's knowledge and belief, the party in possession is Jeffery Holloway, or some other person as tenant. AMERIS BANK, Lender As Attorney-in-Fact for Jeffery Holloway (Borrower) John E. Tomlinson, P.C. 3905 Harrison Road, Suite 100 Loganville, GA 30052 (770) 554-4990 (770) 554-4905- fax Pub:Dec.4,11,18&25,2012(2494662)