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Irwin County

STATE OF GEORGIA COUNTY OF IRWIN NOTICE OF SALE UNDER POWER
Dec 06, 2012 | 173 views | email to a friend | print

STATE OF GEORGIA

COUNTY OF IRWIN

NOTICE OF SALE UNDER POWER

By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from Greenbriar Estates, LP to Branch Banking and Trust Company, as successor to First Liberty Bank, dated February 25, 2000 and recorded in Deed Book 152, Page 627, Irwin County, Georgia Records (hereinafter referred to as eed to Secure Debt , there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Irwin County, Georgia, within the legal hours of sale on Wednesday, January 2, 2013, the property described on Exhibit attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney fees.

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, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.

Please note that Branch Banking and Trust Company is the entity that has full authority to negotiate, amend, and modify all terms of the mortgage, and that Branch Banking and Trust Company can be contacted through the following representative:

Martin G. Quirk, Esq.

6000 Lake Forrest Drive, Suite 300

Atlanta, Georgia 30328

404-252-1425

To the best knowledge and belief of the undersigned, the Party in possession of the property is Greenbriar Estates, LP or a tenant or tenants, and said property is more commonly known as property located in Land Lot Nos. 4 and 5, 5th Land District, including portions of Greenbriar Subdivision, Irwin County, Georgia. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.

Branch Banking and Trust Company, as successor to First Liberty Bank

Attorney in Fact for Greenbriar Estates, LP

Martin G. Quirk, Esq.

Quirk & Quirk, LLC

6000 Lake Forrest Drive, Suite 300

Atlanta, Georgia 30328

(404) 252-1425

EXHIBIT All that tract or parcel of land lying and being in Land Lot Nos. 4 and 5 in the Fifth Land District of Irwin County, Georgia, containing 76.80 acres, and being more particularly described as follows: commencing at a point where the north original land lot line of said Land Lot No. 5 intersects the west right of way line of Seaboard Systems Railroad right of way, and there run south 1 degree 50 minutes 35 seconds west along the west right of way line of Seaboard Systems Railroad right of way 1,180.94 feet to a point; thence north 77 degrees 40 minutes 34 seconds west 515.90 feet to a point; thence run south 33 degrees 15 minutes 56 seconds west 613.00 feet to a point; thence run north 87 degrees 33 minutes 43 seconds west 1,413.95 feet to a point; thence run north 0 degree 2 minutes 20 seconds west 1,623.89 feet to a point on the north original land lot line of said Land Lot No. 4; thence run south 87 degrees 28 minutes 12 seconds east along the north original land lot line of said Land Lot Nos. 4 and 5, 2,294.08 feet to a point on the west right of way line of Seaboard Systems Railroad right of way to the point of beginning and being designated as Tract 1 on that certain plat of survey prepared by M. Rhett Royal, Georgia Registered Surveyor No. 2156, dated August 25, 1986, and recorded in Plat Book 10, Page 114, Public Records of Irwin County, Georgia. Said plat being made reference to and incorporated herein for a specific description of the above-referenced property.

Less and Except:

All that tract or parcel of land lying and being in Land Lot Nos. 4 and 5 in the Fifth Land District of Irwin County, Georgia, Lot 5 (containing 0.56 acres), Lot 6 (containing 0.84 acres), Lot 10 (containing 1.55 acres), Lot 11 (containing 0.43 acres), Lot 13 (containing 0.42 acres), Lot 15, Lot 16 (containing 0.85 acres), Lot 27 (containing 0.58 acres), of Greenbriar Subdivision, and being more particularly described according to that certain plat recorded in Slide Cabinet A, Slide No. 15, Page J, in and of record in the Office of the Clerk of Superior Court of Irwin County, Georgia.

Further Less and Except:

All that tract or parcel of land situate, lying and being in the City of Ocilla, original Land Lot Nos. 4 and 5 in the 5th Land District of Irwin County, Georgia, being Lot No. 23 of Greenbriar Subdivision containing 0.55 acre, more or less, according to that certain plat of survey prepared by James D. Weeks, RLS, dated December 18, 2009, and recorded in the Office of the Clerk of Superior Court of Irwin County, Georgia; in plat Slide A 45 I 1; and being further described as follows: begin at the southern right of way of Greenbriar Drive and the eastern right-of-way of Greenbriar Circle, this is the POINT OF BEGINNING, thence north 80 degrees 48 minutes 15 seconds east 93.99 feet to a point; thence along a curve bearing a radius 541.86 feet arc 77.67 feet chord north 84 degrees 54 minutes 37 seconds east 77.60 feet to a point; thence south 15 degrees 18 minutes 21 seconds east 127.45 feet to a point; thence south 74 degrees 41 minutes 39 seconds west 169.83 feet to a point; thence north 15 degrees 18 minutes 21 seconds west 151.22 feet to a point and the POINT OF BEGINNING.