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NOTICE OF SALE UNDER POWER GEORGIA, LANIER 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 17, 2012 | 415 views | email to a friend | print

NOTICE OF SALE UNDER POWER

GEORGIA, LANIER 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 Deed to Secure Debt given by JOHN T. NEWBERN, NEWBERN WATER, LLC AND NEWBERN & ASSOC., LLC to THE PARK AVENUE BANK, dated March 5, 2010, recorded in Deed Book 215, Pages 274-281, 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 230, Pages 288-298, Lanier County, Georgia Records, conveying the after-described property to secure a Note in the amount of Seven Hundred Fifty-Three Thousand Three Hundred Eighty Dollars and 68/100 ($753,380.68) 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 Lanier County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012 the following described property:

TRACT I: (North Moody Subdivision)

All those tracts or parcels of land situate, lying and in Land Lot Nos. 498 & 515, 10th Land District, Lanier County, Georgia, designated as Lot Nos. 1, 2, 3, 4, 5, 6, 7, 10 (which has a dwelling situate thereon known as 74 North Moody Drive, Lakeland, Georgia), 30B, 38, 51, 52, 53, 54, 55, 56, 57, 58 and 59 of North Moody Drive, Subdivision, and being more particularly described according to that certain plat of survey prepared by Southeastern Surveying, Inc., Georgia Registered Land Surveyors, dated July 17, 2008, entitled "North Moody Subdivision Lanier County Georgia", recorded in Plat Cabinet A, Slide 148D, 148M and 148N, in the office of the Clerk of Superior Court of Lanier County, Georgia. Said plat is incorporated herein and made a part of this description by reference hereto.

LESS AND EXCEPT: All that tract or parcel of land situate, lying and being in Land Lot Nos. 498 and 515, 10th Land District, Lanier County, Georgia, designated as that certain 0.728 acre parcel, being more particularly described according to that certain plat of survey prepared by Southeastern Surveying, Inc., Georgia Registered Land Surveyors, dated July 17, 2008, entitled "North Moody Subdivision Lanier County Georgia", recorded in Plat Cabinet A, Slide 148D, 148M and 148N, in the office of the Clerk of Superior Court of Lanier County, Georgia. Said plat is incorporated herein and made a part of this description by reference hereto.

Said Moody Subdivision is comprised of portions of the following described parcels of land:

Parcel A: 1.0 acre located in Land Lot 498 of the 10th Land District of Lanier County, Georgia depicted in that certain Quit Claim Deed from Jimmy M. Bennett to John T. Newbern dated February, 2008 and recorded in Deed Book 192, Page 336, Lanier County Deed Records.

Parcel B: 4.749 acres located in Land Lot 498 of the 10th Land District of Lanier County, Georgia, more particularly described as Tract I in that certain Warranty Deed from Jimmy M. Bennett to John T. Newbern dated May 30, 2007 and recorded in Deed Book 178, Page 155, Lanier County Deed Records.

Parcel C: 1.0 acre located in Land Lot 498 of the 10th Land District of Lanier County, Georgia, more particularly described as Tract II in that certain Warranty Deed from Jimmy M. Bennett to John T. Newbern dated May 30, 2007 and recorded in Deed Book 178, Page 155, Lanier County Records.

Parcel D: 12.554 acres located in Land Lot 498 of the 10th Land District of Lanier County, Georgia, more particularly described as Tract III in that certain Warranty Deed from Jimmy M. Bennett to John T. Newbern dated May 30, 2007 and recorded in Deed Book 178, Page 155, Lanier County Deed Records.

Parcel E: 20.510 acres located in Land Lot Nos. 498 and 515 of the 10th Land District of Lanier County, Georgia, more particularly described in that certain Quit Claim Deed from Robert E. Beier and Rosario Beier to John T. Newbern dated December 4, 2007 and recorded in Deed Book 187, Page 183, Lanier County Deed Records, which deed corrected and superceded that certain Warranty Deed from Charles L. Bennett to Robert E. Beier and Rosario Beier dated April 12, 2004 conveying 21.240 acres in Land Lots 498 and 515, 10th Land District, Lanier County, Georgia, and recorded in Deed Book 139, Page 121, Lanier County Deed Records.

The above-described five (5) tracts were subsequently surveyed and are depicted on that certain plat of survey prepared by Southeastern Surveying, Inc., Georgia Registered Land Surveyors, dated July 17, 2008, entitled "North Moody Subdivision Lanier County Georgia", recorded in Plat Cabinet A, Slide148D, 148M and 148N, in the office of the Clerk of Superior Court of Lanier County, Georgia, which reflects Lots Numbered 1-100, plus green areas/detention ponds and private roads. Lots previously released by The Park Avenue Bank are Lots 11, 12, 13, 14, 15, 16, 17, 19, 21, 22, 23, 24, 26, 27, 28, 29, 30A, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49.

It was the intention of Grantor herein to convey under said Deed to Secure Debt to Grantee all lands described by the aforesaid legal descriptions in Parcels A, B, C, D and E. TOGETHER WITH those areas of green areas/spaces, detention ponds, private roads, and all public roads not accepted by/dedicated to Lanier County, Georgia, and the remaining lots depicted on the aforesaid North Moody Subdivision plat of survey.

TRACT IV: (724 W. Main Street, Lakeland, Georgia 31635)

All that tract or parcel of land situate, lying and being in the City of Lakeland, Lanier County, Georgia and being Lots 5 and 6 in Block 1 of the Howell Subdivision as shown by a Plat of said subdivision recorded in Deed Book 6, Page 455 of the Lanier County Deed Records. Said plat, by reference, is incorporated herein and made a part of this description.

Said property is known as 724 W. Main Street, Lakeland, Georgia according to the present system of numbering in Lanier County, Georgia.

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: 229-242-7758. 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 JOHN T. NEWBERN, NEWBERN WATER, LLC AND NEWBERN & ASSOC., 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 26th 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 JOHN T. NEWBERN, NEWBERN WATER, LLC AND NEWBERN & ASSOC., LLC

DAVID M. WOLFSON, P.C.

Attorney at Law

1010 Williams Street

Valdosta, GA 31601

(229) 257-0080

State Bar No: 773395

45.46.47.48