NOTICE OF SALE UNDER POWER
GEORGIA, JONES COUNTY
By virtue of a Power of Sale contained in that certain Real Estate Deed to Secure Debt (With Future Advance Clause) from MW HOMES, LLC to State Bank and Trust Company (by virtue of that certain Assignment of Security Instruments and Other Loan Documents, filed and recorded February 9, 2012 in Deed Book 817, Page 265, JONES COUNTY, Georgia Records, assignee of the Federal Deposit Insurance Corporation in receivership of Piedmont Community Bank) ( State Bank and Trust Company ), dated May 13, 2008, filed and recorded May 22, 2008 in Deed Book 722 Page 130, Jones County, Georgia Records (as amended, modified, or revised from time to time, Security Deed ), said Security Deed having been given to secure a Note in the original principal amount of ONE HUNDRED TWENTY THOUSAND AND NO/100THS DOLLARS ($120,000.00) (as amended, modified, or revised from time to time, collectively referred to as the Note ), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of JONES COUNTY, Georgia, within the legal hours for sale on the first Tuesday in December, 2012, all property described in said Security Deed, including, but not limited to, declarant s rights, if any, and, without limitation, the following described property (or so much thereof as has not, as of said first Tuesday, by duly executed and recorded instrument, previously been released from the lien of the Security Deed):
ALL THAT TRACT OR PARCEL OF LAND LYING, SITUATE AND BEING IN LAND LOT 1 OF THE 6TH LAND DISTRICT OF JONES COUNTY, GEORGIA, AND BEING KNOWN AND DESIGNATED AS LOT 109 OF CANES CROSSING SUBDIVISION, PHASE 1, ACCORDING TO A PLAT THEREOF PREPARED BY JAMES R. MCDOUGALD, G.R.L.S. NO. 2702, DATED JANUARY 9, 2007, AND RECORDED IN PLAT BOOK 20, PAGES 3-4, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF JONES COUNTY, GEORGIA. SAID LOT 109 HAVING THE METES, BOUNDS, SIZE, SHAPE AND DIMENSIONS AS SHOWN ON THE AFORESAID PLAT, WHICH PLAT IS MADE A PART HEREOF BY REFERENCE.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including, but not limited to, the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys fees and other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by inspection of the property; any outstanding taxes, including, but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; and all outstanding bills for public utilities which constitute liens upon said property; To the best of the knowledge and belief of the undersigned, the party in possession of the property is MW HOMES, LLC or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. State Bank And Trust Company and its counsel are acting as debt collectors. Any information obtained will be used for that purpose.
State Bank And Trust Company as Attorney-in-Fact for MW HOMES, LLC
Contact: Guillermo Todd, Esq.
Busch, Slipakoff & Schuh, LLP
3330 Cumberland Boulevard, Suite 300
Atlanta, Georgia 30339
Telephone (770) 790-3550 (11/8-11/29)