NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF JONES
Under and by virtue of the power of sale (the Power of Sale ) contained in that certain Deed to Secure Debt (the Security Deed ) given by John W. Livingston to Security Bank of Bibb County, dated June 1, 2009, recorded in Deed Book 750, Page 155, Clerk s Office, Jones Superior Court, as assigned by the Federal Deposit Insurance Corporation as receiver for Security Bank of Bibb County to State Bank and Trust Company dated October 24, 2011 and recorded in Deed Book 809, Page 462, said Clerk s Office, conveying the after-described property to secure that certain note from John W. Livingston to Security Bank of Bibb County dated June 1, 2009 (the Note ) in the original principal amount of Four Hundred Sixty-Nine Thousand Eight Hundred Five and 00/100 Dollars ($469,805.00), State Bank and Trust Company being the current owner and holder of the Note, with interest thereon as set forth therein, there will be a sale at public outcry to the highest bidder for cash before the courthouse door of Jones County, Georgia, within the legal hours of sale on the first Tuesday of December, 2012, the following described property (the Property ):
All those tracts or parcels of land situate, lying and being in Land Lot 105 of the Eighth Land District of Jones County, Georgia, being known and designated as Tract D-1-AC , containing 3.60 acres, which is more particularly described in Plat Book 21, Page 64, Clerk s Office, Jones Superior Court, which said plat is incorporated herein by reference and made a part of this description; Tract B-1-C , containing 8.51 acres; and Tract B-1-D , containing 5.00 acres, both of which are more particularly described in Plat Book 19, Page 284, Clerk s Office, Jones Superior Court, which said plat is incorporated herein by reference and made a part of this description.
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 same and, additionally, all expenses of this sale, as provided in the Security Deed and by law, including without limitation attorney fees (the statutory notice of intent to collect attorney fees having been served).
Said Property will be sold subject to any outstanding ad valorem taxes (including taxes that are a lien, but not yet due and payable); matters that may be disclosed by an accurate survey and/or inspection of the property; assessments, liens, encumbrances, zoning ordinances, restrictions, covenants; and matters of record superior to the Security Deed.
Additionally, this sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loans with the holder of the Security Deed.
Notice to the debtor as required by O.C.G.A. Section 44-14-162.2 has been given and the individual or entity who has full authority to negotiate, amend and modify the terms of the loan with the debtor is Travis Whiddon, 3399 Peachtree Road NE, Suite 2050, Atlanta, Georgia 30326, (404) 266-4637.
To the best knowledge and belief of the undersigned, the party in possession of the Property is John W. Livingston.
State Bank & Trust Company as Attorney-in-Fact for John W. Livingston
Ross S. Schell, Esq.
231 Riverside Drive
P.O. Box 4283
Macon, Georgia 31208-4283
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. (11/8-11/29)