STATE OF GEORGIA COUNTY OF LOWNDES NOTICE OF SALE UNDER POWER CONTAINED IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF LOWNDES
NOTICE OF SALE UNDER POWER
CONTAINED IN SECURITY DEED
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from MICHAEL L. DANIELS (hereinafter referred to as Grantor) to GUARDIAN BANK, a banking company organized and existing under the laws of the State of Georgia and having its business address at 701 Wildwood Plantation Dr., Valdosta, Georgia 31602 (hereinafter referred to as Grantee), dated June 30, 2004 and recorded on July 1, 2004 in Deed Book 2902, Pages 283-287, in the Office of the Clerk of the Superior Court of Lowndes County, Georgia, as modified by that certain Modification of Deed to Secure Debt dated December 15, 2006 and recorded on January 11, 2007 in Deed Book 3671, Page 78, in the Office of the Clerk of the Superior Court of Lowndes County, Georgia, as further modified by that certain Loan Modification Agreement dated December 30, 2009 and recorded on January 5, 2010 in Deed Book 4499, Pages 160-161, in the Office of the Clerk of the Superior Court of Lowndes County, Georgia; said Deed to Secure Debt and all modifications thereof being given to secure payment for those certain Promissory Notes (the Notes) from Grantor, MICHAEL L. DANIELS, and from Acute Rehab Equipment, Inc. in favor of GUARDIAN BANK, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door at Lowndes County, Georgia, within the legal hours of sale on the first Tuesday in August of 2012, namely August 7, 2012, the property conveyed by said Deed to Secure Debt and described as follows, towit:
All that tract or parcel of land situate, lying and being in Land Lot 82 of the 11th Land District of Lowndes County, Georgia, and being all of Lot 4 on that certain map and plat of survey prepared by Roland Stan Folsom, Registered Land Surveyor, dated July 11, 2003 and recorded in Plat Cabinet A, Page 2555 in the Office of the Clerk of the Superior Court of Lowndes County, Georgia. Reference to said map and plat thereof is made herein in aid of all purposes of description.
Because of default in the Notes which the Deed to Secure Debt was given to secure, the undersigned has declared the entire indebtedness due and payable, and said property will be sold as the property of Grantor to satisfy the indebtedness evidenced by the Notes together with the cost of said sale, including attorney's fees, notice having been given pursuant to the Official Code of Georgia Annotated Section13111.
To the best of the undersigned's knowledge and belief, the party in possession of said property is Grantor or tenants claiming by, through or under Grantor.
Said property will be sold subject to all liens, zoning ordinances, encumbrances, easements, covenants, restrictions and other matters of record to which the Deed to Secure Debt is junior and inferior in terms of priority. Said property will be sold subject to any and all unpaid taxes or assessments relating to the property and all matters as would be disclosed by a current, accurate survey of the property. Said property will be sold on an as-is, where-is basis without recourse against Grantee and without representation and warranty of any kind or nature whatsoever with respect thereto. Said property will be sold subject to the right of redemption of any taxing authority.
Grantee hereby reserves the right to suspend the foreclosure proceeding at any time prior to the acceptance of a bid and to subsequently resume the foreclosure proceeding at a time of its choosing or to rebid upon failure of a successful bidder to consummate the purchase.
The Power of Sale for which notice is hereby given is being exercised pursuant to relief granted by the United States Bankruptcy Court, Middle District of Georgia, Valdosta Division, pursuant to an Order issued by said Court, dated June 28, 2012 and entered June 29, 2012, in the matter of In re: Michael L. Daniels, Case No. 12-70642-JTL, to which reference should be made.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION PROVIDED WILL BE USED FOR SUCH PURPOSE.
GUARDIAN BANK, a banking company organized and existing under the laws of the State of Georgia, as attorney-in-fact for Michael L. Daniels
Langdale Vallotton, LLP
By: s/William C. Nijem, Jr.
William C. Nijem, Jr.
Attorney for Guardian Bank
Post Office Box 1547
Valdosta, Georgia 31603-1547
P: (229) 244-5400