NOTICE OF SALE UNDER POWER GEORGIA, GRADY COUNTY 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
GEORGIA, GRADY COUNTY
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Edward J. Mallory to Mortgage South, Inc., dated December 21, 2001, recorded in Deed Book 534, Page 357, Grady County, Georgia Records and as modified by that certain Loan Modification Agreement recorded in Deed Book 726, Page 312, Grady County, Georgia Records, as last transferred to Branch Banking & Trust Company by assignment recorded in Deed Book 534, Page 367, Grady County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIX THOUSAND NINE HUNDRED FIFTY AND 0/100 DOLLARS ($106,950.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Grady County, Georgia within the legal hours of sale on the first Tuesday in December, 2012, the following described property: SEE EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney fees (notice of intent to collect attorney fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Branch Banking & Trust Company is the holder of the Note and Security Deed to the property in accordance with OCGA 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722.
To the best knowledge and belief of the undersigned, the party in possession of the property is Edward J. Mallory or a tenant or tenants and said property is more commonly known as 249 Melton Brinson Road, Whigham, Georgia 31797. 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.
Branch Banking &
Trust Company as Attorney
in Fact for Edward J. Mallory
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
MR/mc2 12/4/12 Our file no. 51680902-FT8
EXHIBIT All that tract or parcel of land together with all improvements located thereon, containing 6 acres, more or less, lying and being in Land Lot 53 of the Land District 19, Grady County, Georgia, said tract being more particularly described as follows: Commence at the point of intersection of the south right-of-way margin of Melton Brinson Road and the east lot line of Land Lot 53 and run thence south 86 degrees 42 minutes 06 seconds west along the south right-of-way margin of Melton Brinson Road the distance of 218.63 feet, thence south 86 degrees 35 minutes 38 seconds west along the south right-of-way margin of Melton Brinson Road the distance of 366.76 feet, thence continue along the south right-of-way margin of Melton Brinson Raod along a certain curve concave to the north to a point on a chord of the bearing south 87 degrees 50 minutes 56 seconds wets the chord distance of 400.94 feet, thence south 88 degrees 54 minutes 17 seconds west along the south right-of-way margin of Melton Brinson Road the distance of 154.64 feet to the point of beginning of the tract herein described, thence continue south 88 degrees 54 minutes 17 seconds west along the south right-of-way margin of Melton Brinson Road the distance of 333.37 feet, thence south 05 degrees 08 minutes 33 seconds east the distance of 726.26 feet to the south lot line of Land Lot 53, thence north 88 degrees 50 minutes 16 seconds east along the south lot line of Land Lot 53 the distance of 386.36 feet, thence north 09 degrees 17 minutes 19 seconds west the distance of 731.46 feet to the point of beginning. Said tract or parcel being more particularly shown as Lot 2 on a plat of survey for Edward J. Mallory dated December 21, 2001 and recorded in Plat Book 37, Page 215, Grady County records, referral to said plat of survey being made to incorporate same herein by reference thereto. MR/mc2 12/4/12 Our file no. 51680902 - FT8