The Cairo Messenger
Grady County

NOTICE OF SALE UNDER POWER GEORGIA, GRADY COUNTY
Nov 26, 2012 | 282 views | email to a friend | print

NOTICE OF SALE

UNDER POWER

GEORGIA, GRADY COUNTY

Because of default in the payment of the indebtedness, secured by a Security Deed executed by Thomas A. Caneup, Jr. to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns dated February 20, 2008 in the amount of $169,000.00, and recorded in Deed Book 668, Page 530, Grady County, Georgia Records; as last transferred to Bank of America, N.A. by assignment; the undersigned, Bank of America, N.A. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 2012 , during the legal hours of sale, at the Courthouse door in Grady County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:

All that tract or parcel of land, consisting of 15.01 acres, situate, lying and being in Land Lot 370 of the 17th Land District of Grady County, Georgia, and being more particularly described as follows: To find the point of commencement, begin at the intersection of the land lot line dividing Land Lot 371 and Land Lot 370 and the Old Thomasville Road (County Road No. 320, 100 foot Right-of-Way). From said point of commencement travel N 02 degrees 25 minutes 12 seconds W a distance of 52.77 feet to a concrete marker, thence run N 02 degrees 25 minutes 12 seconds W a distance of 423.87 feet to a concrete marker, which concrete marker is the POINT OF BEGINNING of said tract. Said POINT OF BEGINNING is located adjacent to property now owned by H.L. Scoggins (Deed Book Reference: Book 81, Page 383, August 16, 1957). From said Point of Beginning travel N 01 degrees 30 minutes 28 seconds W a distance of 552.92 along the approximate land lot boundary between Land Lot 371 and Land Lot 370 to an iron pipe. From said iron pipe, travel thence N 01 degrees 13 minutes 31 seconds W a distance of 315.84 feet to an open top pipe, from said open top pipe, travel thence N 01 degrees 02 minutes 35 seconds W a distance of 859.21 feet to an iron pin located near the approximate run of the McRae Branch. From said iron pin travel S 68 degrees 30 minutes 6seconds E a distance of 22.97 feet, thence run S 26 degrees 17 minutes 41 seconds E a distance of 76.76 feet, thence run S 40 degrees 18 minutes 15 seconds E a distance of 42.58 feet, thence run S 66 degrees 3 minutes 17 seconds E a distance of 34.30 feet, thence run S 08 degrees 09 minutes 01 seconds W a distance of 26.04 feet, thence run S 58 degrees 12 minutes 53 seconds E a distance of 22.44 feet, thence run N 63 degrees 44 minutes 36 seconds E a distance of 22.37 feet, thence run S 20 degrees 42 minutes 11 seconds E a distance of 43.61 feet, thence run N 87 degrees, 19 minutes 48 seconds E a distance of 55.59 feet, thence run S 21 degrees 14 minutes 30 seconds E a distance of 41.01 feet, thence run S 0 degrees 40 minutes 31 seconds W a distance of 112.03 feet, thence run S 51 degrees 59 minutes 31 seconds E a distance of 62.16 feet, thence run S 48 degrees 15 minutes 46 seconds E a distance of 63.02, thence run S 65 degrees 54 minutes 31 seconds E a distance of 50 feet, thence run S 19 degree 25 minutes 43 seconds W a distance of 64.07 feet, thence run S 43 degrees 46 minutes 22 seconds E a distance of 35.14 feet, thence run N 55 degrees 19 minutes 02 seconds E a distance of 19.35 feet, thence run S 32 degrees 37 minutes 14 seconds E a distance of 60.74 feet, thence run S 28 degrees 30 minutes 53 seconds W a distance of 43.76 feet, thence run S 44 degrees 19 minutes 16 seconds E a distance of 13.55 feet, thence run S 4 degrees 45 minutes 46 seconds E a distance of 576.77 feet to an iron pin, thence run S 32 degrees 38 minutes 15 seconds E a distance of 353.05 feet to an iron pin, thence run S 12 degrees 33 minutes 32 seconds W a distance of 109.22 feet, thence run S 3 degrees 24 minutes 28 seconds E a distance of 406.75 feet to an iron pin found, which said iron pin is located on the Right-of-Way of the Old Thomasville Road (County Road No. 320), thence run along the Right-of-Way of the Old Thomasville Road (S 79 degrees 31 minutes 33 seconds W) a distance of 30.23 feet to an iron pin, thence run N 03 degrees 24 minutes 28 seconds W a distance of 440.47 feet, to an iron pin, thence S 73 degrees 52 minutes 47 seconds W a distance of 585 feet to a concrete marker, which said concrete marker is also the POINT OF BEGINNING. The above-reference legal description having been generated from the unrecorded plat of survey prepared for Thomas Caneup by Robert A. Williams, Georgia Registered Land Surveyor No. 3072, dated February 6, 2008.

which has the property address of 1449 Old Thomasville Road, Cairo, Georgia., together with all fixtures and other personal property conveyed by said deed.

The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.

The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.

Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a).

Said property will be sold as the property of Thomas A. Caneup, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.

Bank of America, N.A.

Attorney in Fact for

Thomas A. Caneup, Jr.

McCurdy & Candler, L.L.C.

(404) 373-1612

www.mccurdycandler.com

File No. 09-09501 /VA/cajohnson

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