NOTICE OF SALE UNDER POWER GEORGIA, MARION 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, MARION 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 JOHN A. BERLANGA AND MARIE A. SHEARER A/K/A MARIE S. BERLANGA to CENTRAL BANK OF GEORGIA dated July 18, 2007, recorded in Deed Book 176, Pages 582-586, last modified by Modification recorded in Deed Book 178, Pages 568-569, and The Federal Deposit Insurance Corporation having been appointed as Receiver of Central Bank of Georgia on February 24, 2012, the FDIC having assigned said Security Deed to Ameris Bank by Assignment, Marion County, Georgia Records, conveying the after-described property to secure a Note in the amount of Seventy-Two Thousand Dollars and 00/100 ($72,000.00) 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 Marion County, Georgia, within the legal hours of sale on the first Tuesday in September, 2012, the following described property:
All that tract or parcel of land lying and being in Land Lot 69 of the 11th Land District of Marion County, Georgia containing 5.0 acres and being further described as follows:
Beginning at the intersection of the Southern land lot line of Land Lot 69 and the Eastern margin of Georgia Highway 41, thence North 0 degrees 48 minutes 26 seconds, West, a distance of 661.389 feet to a point, thence in a Northeasterly direction along the Eastern margin of Georgia Highway 41 in an arc having a distance of 103.93 feet (said arc having a chord running North 00 degrees 06 minutes 49 seconds East a distance of 103.91 feet) to the point of beginning; thence in a Northeasterly direction along the Eastern Margin of Georgia Highway 41 in an arc having a distance of 272.40 feet (said arc having a chord running North 05 degrees 069 minutes 34 seconds East, a distance of 272.2 feet) to a point; thence South 88 degrees 49 minutes 19 seconds East, a distance of 375.60 feet to a point; thence South 88 degrees 08 minutes 06 seconds, west a distance of 398.84 feet to a point; thence South 1 degree 10 minutes 41 seconds West, a distance of 292.71 feet to a point; thence North 88 degrees 49 minutes 19 seconds West, a distance of 792.78 feet to the point of beginning.
All of the above described property being more particularly described according to that plat of survey by Paul H. Johnson, Jr., Georgia Registered Surveyor No. 2091, dated April 1, 1999, and recorded in Plat Book H, Page 63 of the records of the Clerk of the Superior Court of Marion County, Georgia, which plat is incorporated into this description and by specific reference made a part thereof.
Said conveyance is made subject to all rights of way, easements and restrictions on record.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOHN A. BERLANGA AND MARIE A. SHEARER A/K/A MARIE S. BERLANGA or a tenant or tenants.
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: AMERIS BANK, P.O. BOX 165, OCILLA, GA 31774. Telephone: 229-468-9411. The foregoing notwithstanding, nothing in O. C. G. A. 44-14-162.2 shall be construed to require AMERIS BANK to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
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 2nd day of August, 2012.
AMERIS BANK, AS SUCCESSOR IN INTEREST TO, AND ASSIGNEE OF, THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF CENTRAL BANK OF GEORGIA AS ATTORNEY IN FACT FOR JOHN A. BERLANGA AND MARIE A. SHEARER A/K/A MARIE S. BERLANGA
DAVID M. WOLFSON, P. C.
Attorney at Law
1010 Williams Street
Valdosta, GA 31601
State Bar No. 773395
Publish Dates: 8-8, 8-15, 8-22, and 8-29-12