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 W. Holloway to Central Bank of Georgia, dated May 24, 2007, and recorded in Deed Book 8948, page 172, et seq., Muscogee County, Georgia records, which deed was modified by instrument dated April 11, 2008 and recorded in Deed Book 09338, page 32, et seq., and further modified by instrument dated August 18, 2010, and recorded in Deed Book 10087, page 194, 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 225, 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 W. Holloway , the following described property to-wit: All that lot, tract and parcel of land situate, lying and being in Columbus, Muscogee County, Georgia and being more particularly described as follows: That part of Land Lot 69 of the Eighth District lying North of Lot 5, Block ÒHÓ, Cityview Subdivision and South of 32nd Street and sometimes known as Part of Lot 6, Block ÒHÓ, Cityview Subdivision, and beginning at a point on the South side of 32nd Street, which point is 100 feet West of the southwest corner of the intersection of Pierpont Avenue and 32nd Street, and running thence South parallel with the line which forms Pierpont Avenue a distance of 50 feet to a point on the North line of Lot 5, Block ÒHÓ, thence westerly a distance of 35 feet to a point, which point is the northwest corner of Lot 5, Block ÒHÓ; thence northerly along the westerly line of said parcel a distance of 50 feet to the South line of 32nd Street, which point is the northwesterly corner of said parcel; thence easterly along the South line of 32nd Street a distance of 35 feet to the point of beginning. The property is commonly known as 1308 32nd 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 W. 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(2494663)