The Cairo Messenger
Grady County

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.
Nov 13, 2012 | 267 views | email to a friend | print

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.

Under and by virtue of the Power of Sale contained in a Security Deed given by LANDAK PROPERTIES, LLC to THE PARK AVENUE BANK, dated November 9, 2009, recorded in Deed Book 701, Page 659 and assigned to Bank of the Ozarks, as Successor in Interest to, and Assignee of, The Federal Deposit Insurance Corporation, as Receiver of The Park Avenue Bank by Assignment recorded in Deed Book 727, Pages 208-223, Grady County, Georgia Records, conveying the after-described property to secure a Note in the amount of Two Hundred Sixty-Five Thousand One Hundred Twenty-Seven Dollars and 44/100 ($265,127.44) 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:

All that tract or parcel of land containing 4.5 acres, more or less, lying and being in the City of Cairo, Grady County, Georgia, said tract being more particularly described as follows: Commence at the point of intersection of the northeast right of way margin of Georgia Highway 38 (US Highway 84) and the west right of way margin of Ninth Street NE and run thence north 50 degrees 30 minutes west along the northeast right of way margin of Georgia Highway 38 a distance of 297.5 feet to the Point of Beginning of the tract herein described (Said point being the southwest corner of property of Dollar and Lee), thence north 50 degrees 30 minutes west along the northeast right of way margin of Georgia Highway 38 a distance of 470 feet; thence north 39 degrees 30 minutes east a distance of 361 feet; thence south 85 degrees east a distance of 41.7 feet; thence south 82 degrees 35 minutes east a distance of 225 feet; thence south 01 degree 30 minutes east a distance of 295 feet; thence north 59 degrees west a distance of 272.7 feet to the point of beginning.

Said tract or parcel being more particularly shown on a plat of survey for Crew Motors dated January 1962 and revised November 1966 and recorded in Plat Book 19, Page 29, Grady County Records. Said tract being composed of four parcel tracts conveyed to Crew Motors, Inc., in a warranty deed dated September 26, 1961, and recorded in Deed Book 98, Pages 429-30, Grady County Records; warranty deed to Crew Motors, Inc. dated October 31, 1966 and recorded in Deed Book 118, Page 7, Grady County Records; and warranty deed to Crew Motors, Inc. dated December 21, 1961, and recorded in Deed Book 99, Page 221, Grady County Records.

LESS AND EXCEPT: All that tract or parcel of land lying and being in the City of Cairo, Grady County, Georgia, being more particularly described as follows: To find the point of beginning commence at the intersection of the west right of way margin of Ninth Street NE with the northeasterly right of way margin of US Highway 84 and run thence along the northeasterly right of way margin of US Highway 84 north 50 degrees 30 minutes 00 seconds west a distance of 131 feet; continue along the northeast right of way margin of said US Highway 84 north 50 degrees 30 minutes 00 seconds west a distance of 166.5 feet to the point of beginning of the tract herein conveyed. From said point of beginning run thence north 50 degrees 30 minutes 00 seconds west a distance of 169.14 feet; run thence north 39 degrees 45 minutes 22 seconds east a distance of 22.9 feet to the centerline of a wall; run thence along the centerline of said wall north 39 degrees 45 minutes 21 seconds east a distance of 59.5 feet; continue along the centerline of said wall north 50 degrees 35 minutes 37 seconds west a distance of 6.87 feet; thence continue along the centerline of said wall north 39 degrees 07 minutes 42 seconds east a distance of 34.15 feet to a point lying north of said wall; run thence south 61 degrees 50 minutes 22 seconds east a distance of 66.43 feet; run thence south 01 degree 00 minutes 00 seconds east a distance of 170.48 feet to the Point of Beginning of the tract herein conveyed.

Said tract or parcel of land is more particularly described on that plat of survey for Alan Pollock by Richard Matthews & Associates, Inc. dated June 21, 2002, and recorded in Plat Book 38, Page 85, Grady County Records. Referral to said plat of survey is being made to incorporate the same herein by reference thereto.

LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 22, of the 18th District, City of Cairo, Grady County, Georgia, containing one (1) acre, and being more particularly described as follows: Commence at a 5/8 inch rebar and cap set at the intersection of the West right-of-way margin of 9th Street NE and the North right-of-way margin of U.S. Highway 84 (a.k.a Georgia Highway 38); thence run along said North right-of-way margin North 50 degrees 30 minutes 00 seconds West 131.00 feet to a 3/8 inch rebar found; thence continue along said North right-of-way North 50 degrees 29 minutes 22 seconds West, 166.52 feet to a 3/8 inch rebar found; thence continue along said North right-of-way North 50 degrees 29 minutes 22 seconds West 301.83 feet to a nail and disk set (LS 2977) and the POINT OF BEGINNING; Thence from said POINT OF BEGINNING, continue along said North right-of-way margin North 50 degrees 30 minutes 00 seconds West 165.00 feet to a 5/8 inch rebar and cap set (LS 2977); thence leaving said North right-of-way margin and run North 39 degrees 26 minutes 19 seconds East 265.00 feet to a 5/8 inch rebar and cap set (LS 2977); thence South 50 degrees 30 minutes 00 seconds East 165.00 feet to a 5/8 inch rebar and cap set (LS 2977); thence South 39 degrees 26 minutes 19 seconds West 265.00 feet to a nail and disk set on the North right-of-way line of U.S. Highway 84 and the POINT OF BEGINNING of the tract herein conveyed.

Said tract or parcel of land is more particularly described on that plat of survey for Dr. Sherry Colvin by Joey Brock Land Surveying, LLC, dated March 26, 2008, as recorded in Plat Book 43, Page 112, Grady County Records. Referral to said plat of survey is being made to incorporate the same herein by reference thereto.

Said tract being a portion of that real property described in that Warranty Deed dated April 17, 2006, from Durie L. Cooper to Dr. Sherry C. Colvin as is recorded in Deed Book 628, Page 413, Grady County Records.

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 said Security Deed and by law, including attorneys fees (notice of intent to collect attorneys 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.

Pursuant to O. C. G. A. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above described mortgage is as follows: BANK OF THE OZARKS, 17901CHENAL PARKWAY, LITTLE ROCK, ARKANSAS 72223 Telephone: 678-450-8550. The foregoing notwithstanding, nothing in O. C. G. A. 44-14-162.2 shall be construed to require BANK OF THE OZARKS to negotiate, amend or modify the terms of the Deed to Secure Debt described herein..

To the best knowledge and belief of the undersigned, the party in possession of the property is LANDAK PROPERTIES, LLC or a tenant or tenants.

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.

This the 15th day of October, 2012.

BANK OF THE OZARKS, AS SUCCESSOR IN INTEREST TO, AND ASSIGNEE OF, THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF THE PARK AVENUE BANK, VALDOSTA, GEORGIA AS ATTORNEY IN FACT FOR LANDAK PROPERTIES, LLC

DAVID M. WOLFSON, P.C.

Attorney at Law

1010 Williams Street

Valdosta, GA 31601

(229) 257-0080

State Bar No: 773395