NOTICE OF SALE UNDER POWER
STATE OF GEORGIA COUNTY OF WAYNE
Under and by virtue of the power of sale (the "Power of Sale") contained in that certain Deed to Secure Debt given by Cherry Gray to Mortgage Electronic Registration Systems, Inc., Solely as Nominee for Equifirst Corporation, ACA, as agent/Nominee, dated May 2, 2005, recorded in Deed Book 30V, Page 225 Clerk's Office, Wayne Superior Court (the "Security Deed") conveying the after-described property to secure that certain Fixed Rate Note (the "Note") executed by Cherry Gray in favor of Mortgage Electronic Registration Systems, Inc., Solely as Nominee for Equifirst Corporation, ACA, as agent/Nominee, originally dated May 2, 2005 in the original principal amount of Sixty Thousand Three Hundred Fifty and 00/100 Dollars ($60,350.00), with interest thereon as set forth therein, which was subsequently transferred and assigned to Hamilton Green Crest Fund I, L.P., there will be a sale at public outcry to the highest bidder for cash before the courthouse door of Wayne County, Georgia, within the legal hours of sale on the first Tuesday of March 2013, the following described property (the "Property"):
All that certain lot or parcel of land, situate, lying and being in the City of Jesup, Wayne County, Georgia, and being known and designated as Lot 13, Block "D" of Poplar park Subdivision as shown and delineated on the subdivision plat thereof prepared by John E. Dykes, R.L.S. Number 585, dated February 27, 1970 and recorded in the Office of th Clerk of the Superior Court, Wayne County, Georgia in Deed Book 128, Page 145.
Said property is bounded as follows: ON the Southeast by North Fifth Street for a distance of 77 feet; on the Southwest by Lot 12 of said subdivision for a distance of 142.5 feet; on the Northwest by Lot 6 of said subdivision for 77 feet; on the Northeast by Lot 14 of said subdivision for 142.5 feet.
For a further description of said property, reference is hereby made to the aforesaid plat and the record thereof.
PROVIDED HOWEVER, said conveyance is made subject to the Declaration of Protective Covenants for Poplar Park Subdivision, and the amendments thereto of record in the Office of the Clerk of Superior Court, Wayne County, Georgia.
The debts secured by said Security Deed have been and are hereby declared due as a result of failure to observe the requirements of the terms of the Note and Security Deed. The debts 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,
To the best knowledge and belief of the undersigned, the party in possession of the Property is Cherry Gray
Hamilton Green Crest Fund I, L.P., as agent/Nomineee, as Attorney-in-Fact for Cherry Gray
Blair K. Cleveland, Esq.
Martin Snow, LLP
240 Third Street
P.O. Box 1606
Macon, Georgia 31202-1606
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.
Run Dates: February 9, 16, 23 and March 2, 2013