STATE OF GEORGIA
COUNTY OF PUTNAM
NOTICE OF SALE
Under and by virtue of the Power of Sale contained in a certain Deed to Secure Debt from YARBROUGH & SONS TRUCKING, INC. and TED YARBROUGH, Individually, Grantors, to FARMERS AND MERCHANTS BANK of Eatonton, Georgia, P.O. Box 4450, Eatonton, Georgia, Grantee, dated February 11, 2002, and recorded in Deed Book 362, Pages 210-215, in the Office of the Clerk of the Superior Court of Putnam County, Georgia, such Deed to Secure Debt having been given to secure a promissory note in the principal amount of Seventy-Nine Thousand Seven Hundred Sixty-Nine Dollars and 97/100 ($79,769.97), with interest thereon as provided for therein, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse of Putnam County, Georgia, on the first Tuesday of February, 2013, to the highest and best bidder(s) for cash, the following described property, to wit:
All that lot or parcel of land lying and being in the City of Eatonton, County of Putnam, State of Georgia, consisting of 0.69 acres, more or less, and more particularly described on a plat of survey for the H.B. Hearn, Jr. Estate by Byron L. Farmer, dated January 9, 2002, and recorded in the Clerk s Office, Putnam County Superior Court in Plat Book 27, Page 144, Cabinet D, Slide 26; said plat is incorporated into this description by reference thereto.
Said property having the street address of 103 Agnes Drive, Eatonton, Georgia 31024, together with all fixtures and other personal property attached to and constituting a part of said property, if any.
The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of, among other possible events of default, non-payment pursuant to the respective terms of said Deed to Secure Debt and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest and expenses of sale, including attorneys' fees, as provided in Deed to Secure Debt and by law, and the remainder, if any, shall be distributed as provided by law. Notice has been given of intention to enforce the provisions for collection of attorneys' fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. Notice has also been given pursuant to the provisions of Georgia Code Section 44-14-162 et.seq.
Said property will be sold as the property of the Grantor subject to the outstanding ad valorem taxes [both present and past (if any)], any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictive covenants, street improvements, easements and other matters and restrictions of record, if any and matters of record superior to the Security Deed first set out above. The undersigned will execute a deed or deeds to the purchaser or purchasers at said sale, as provided in the Deed to Secure Debt.
To the best of the undersigned's knowledge and belief, the party in possession of the property is YARBROUGH & SONS TRUCKING, INC. and TED YARBROUGH, Individually, and all or a portion of said property is more commonly known as 103 Agnes Drive, Eatonton, Georgia 31024; together will all personal property and fixtures attached to and constituting a part of said property, if any; however, please refer only to the legal description for the location of the property.
The 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 loan with the holder of the Security Deed.
This the 4th day of January, 2013.
FARMERS AND MERCHANTS BANK
as Attorney in Fact for
Yarbrough & Sons
and Ted Yarbrough, Individually
Brandy T. Huskins, Attorney for
Farmers and Merchants Bank
Huskins Law Firm, LLC
114 W. Marion Street
Eatonton, Georgia 31024