The Tri-County Journal
Marion County

NOTICE OF SALE UNDER POWER GEORGIA, MARION COUNTY
Aug 09, 2012 | 127 views | email to a friend | print

NOTICE OF SALE

UNDER POWER

GEORGIA, MARION COUNTY

Because of default in the payment of the indebtedness, secured by a Security Deed executed by Janet B. Whitley and Tony E. Whitley to Group Financial Southeast dated March 15, 1999 in the amount of $170,000.00, and recorded in Deed Book 118, Page 669, Marion County, Georgia Records; as last transferred to BancorpSouth Bank by assignment; the undersigned, BancorpSouth Bank 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 September, 2012, during the legal hours of sale, at the Courthouse door in Marion 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 lying and situate in Land Lot 51 of the 4th Land District of Marion County containing 9.01 acres, more or less, and being more particularly described as follows: to obtain a Point of Beginning commence at the intersection of the North boundary of the Right-of-Way of the Central of Georgia Railroad with the Land Lot line between Land Lots 78 and 83 of the 4th Land district of Marion County, Georgia; thence North 01 degree 52 minutes 51 seconds West a distance of 1,145.60 feet to a point; thence North 87 degrees 19 minutes 32 seconds West a distance of 490.67 feet to a point; thence North 02 degrees 23 minutes 51 seconds East a distance of 9.47 feet to a point; thence North 87 degrees 17 minutes 37 seconds West a distance of 3,492.05 feet to a point; thence South 88 degrees 30 minutes 04 seconds West a distance of 532.65 feet to a point; thence South 02 degrees 36 minutes 33 seconds West a distance of 19.96 feet to a point; thence South 81 degrees 23 minutes 32 seconds West a distance of 393.43 feet along the South Right-of-Way line of Georgia Highway No. 26 to the Point of Beginning of the property herein conveyed; thence South 15 degrees 00 minutes 00 seconds East a distance of 1,640.57 feet to a point; thence North 87 degrees 47 minutes 54 seconds West a distance of 256.10 feet to a point; thence North 15 degrees 00 minutes 00 seconds West a distance of 1,570.45 feet to a point; thence North 76 degrees 18 minutes 57 seconds East a distance of 244.71 feet to the Point of Beginning. Said property is also more particularly described as to metes, bounds, courses and distances on a certain map or plat of survey prepared for Homer Barrow by Hugh P. Riley, Georgia Registered Land Surveyor No. 1285 on June 6, 1997 and recorded in Plat Book F, Page 139, Marion County Deed Records. Said property is also more particularly described as that certain 9.01 acre tract or parcel of land more particularly identified on that certain Plat of Survey prepared for Homer Barrow by Hugh P. Riley, Georgia Registered Land Surveyor No. 1285 on June 6, 1997 and recorded in Plat Book F, Page 139, Marion County Deed Records. Said map or plat of survey being incorporated herein for descriptive and all other purposes. This is the identical property described in that certain Warranty Deed from Homer Barrow to Jan Barrow Whitley and Tony Eugene Whitley dated June, 1998 and recorded in Deed Book 114, Pages 46-47, Marion County Deed Records. Said Warranty Deed was corrected by that certain Warranty Deed from Homer Barrow to Jan Barrow Whitley and Tony Eugene Whitley dated September 22, 1998 and recorded in Deed Book 116, Pages 124-125, Marion County Deed Records.

Which has the property address of Box 1100 Highway 26, Buena Vista, 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.

Said property will be sold as the property of Janet B. Whitley and Tony E. Whitley 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.

BancorpSouth Bank

Attorney in Fact for

Janet B. Whitley and Tony E Whitley

McCurdy & Candler, L.L.C.

(404) 373-1612

www.mccurdycandler.com

The Tri-County Journal & Chattahoochee Chronicle

File No. 08-12414 /FNMA/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.

Publication Dates: 8-8, 8-15, 8-22, and 8-29-12
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