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NOTICE OF SALE UNDER POWER GEORGIA TOOMBS COUNTY
Nov 13, 2012 | 263 views | email to a friend | print

NOTICE OF SALE UNDER POWER

GEORGIA

TOOMBS COUNTY

Pursuant to a power of sale contained in a certain Deed to Secure Debt from WIL- LIAM E. HIGGS, SR., and WILLIAM E. HIGGS, JR., to VIDALIA FEDERAL SAV- INGS BANK, dated August 23, 2011, and recorded in Deed Book 974, Pages 294 through 297 of the Deed Records of Toombs County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the court- house door in Toombs County, Georgia, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 00/100 DOLLARS ($55,000.00), with inter- est thereon as set forth therein, within the legal hours of sale on the first Tuesday of December, 2012, the following described property:

All that tract or parcel of land situate, ly- ing and being in the 51st G. M. District, in the City of Vidalia, Toombs County, Geor- gia, which is known as Lot No. 2, Block B , in Phase No. 1 of the McSwain Estates Subdivision and which is more particularly described on a plat of survey by William P. Johnson, Registered Land Surveyor, dated April 22, 1985, and recorded in Plat Book 19, Page 98, in the Office of the Clerk of Superior Court, Toombs County, Georgia. Said tract is bounded now or formerly as follows: East and Northeast by a 10 foot sanitation sewer easement; East and Southeast by Lot No. 3, Block B owned by R. E. Odom; South and Southwest by 40 foot right of way of Sharon Drive; and West and Northwest by 10 foot sanitation sewer easement. This tract was previously conveyed by warranty deed from Donald L. Ford and Docia E. Ford to William E. Higgs, Sr., dated February 9, 2000 and recorded in Deed Book 535, Page 42, in the office of the Clerk of Superior Court, Toombs County, Georgia. Note: This tract is subject to the 10 sanitation easements as shown on the above-described plat.

The debt secured by the above de- scribed Security Deed and Note has been and is hereby declared due and payable in full because of nonpayment thereof pursu- ant to the terms of said Security Deed and Note. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all interest, at- torney fees and all expenses of this sale and the balance as provided by law. Said property will be sold as the property of Wil- liam E. Higgs, Sr., and William E. Higgs, Jr.

Notice of the initiation of proceedings to exercise the power of sale provided in said Deed to Secure Debt was duly given to the debtor by the secured creditor no later than thirty (30) days prior to the date of the fore- closure sale, in writing, and sent by Certi- fied Mail, Return Receipt Requested, to the property address or other such address as the debtor may have designated by written notice to the secured creditor, consisting of a copy of the published legal advertisement of said sale, and mailed as aforesaid as is required by Georgia Law and O.C.G.A. 44- 14-162 through 44-14-162.4.

The undersigned reserves the right to reject any and all bids, to continue the sale from day to day, and to withdraw said prop- erty from sale and subsequently to re-offer same in the event no reasonable bid is re- ceived and accepted.

To the best knowledge and belief of Vi- dalia Federal Savings Bank, William E. Higgs, Sr., and William E. Higgs, Jr., Gran- tor in said Security Deed, are now in pos- session of said property.

SAID PROPERTY IS COMMONLY KNOWN AS 1702 Sharon Drive, NE, Vi- dalia, GA 30474.

Said property will be sold subject to any and all unpaid Ad Valorem Taxes assessed against said property.

The original secured party to this in- strument is Vidalia Federal Savings Bank by Security Deed and Promissory Note.

The sale will be conducted subject (1) to confirmation that the sale is not prohibit- ed under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Se- curity Deed, including, but not limited to a determination that the loan was not rein- stated prior to the foreclosure sale.

LAW OFFICES OF ANDREW AND THRELKELD, P. C.

Reid A. Threlkeld

for Vidalia Federal Savings Bank as At- torney-in-Fact for

WILLIAM E. HIGGS, SR., and WILLIAM E. HIGGS, JR.

Post Office Box 1346

Vidalia, GA 30475-1346

(912) 537-2354

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.