NOTICE OF SALE
Because of a default in the payment of the indebtedness secured by a Security Deed executed by William J. Cogland to Mortgage Electronic Registration Systems, Inc. dated May 16, 2008, and recorded in Deed Book 200, Page 1, Miller County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank by Assignment, securing a Note in the original principal amount of $85,412.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 4, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land containing 0.425 acre, more or less, lying and being in Land Lot No. 293 in the 13th Land District of Miller County, Georgia, and being more particularly described as follows: COMMENCING at the intersection of the East land lot line of Land Lot 268 and the North right of way margin of Grimsley Bridge Road; run thence North 89 degrees 58 minutes 04 seconds West the distance of 4265.07 feet to the POINT OF BEGINNING; and from said POINT OF BEGINNING run thence in a westerly direction along the North rightof way line of Grimsley Bridge Road to a point on said North right-of-way line which is South 79 degrees 50 minutes 57 seconds West the chord distance of 149.14 feet (arc distance of 149.30 feet radius 914.93 feet) from the point of beginning; run thence North 05 degrees 40 minutes 30 seconds West the distance of 129.27 feet; run thence North 84 degrees 34 minutes 13 seconds East the distance of 147.32 feet; run thence South 06 degrees 20 minutes 24 seconds East the distance of 117.01 feet back to the POINT OF BEGINNING.
All as shown on that plat of survey prepared by D. Connor Collins, Georgia Registered Land Surveyor No. 1371, dated April 7, 2006, and recorded in Plat Cabinet 59-B, at Page F-2, in the Office of the Clerk of the Superior Court of Miller County, Georgia, which said plat and the record thereof are incorporated herein by reference.
Said property is known as 728 Grimsley Bridge Road, Colquitt, GA 39837, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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.
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.
Notice has been given of intention to collect attorney s fees in accordance with the terms of the Note secured by said Deed.
The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of William J. Cogland and Deana Smith Cogland or a tenant or tenants. The proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
EverBank as Attorneyin Fact for William J. Cogland
File no. 12-033865
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Duke Building, Suite 100
Atlanta, GA 30341-3941
(770) 220-2535/BO www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.