Notice Content
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NO-TICE OF SALE
UN-DER POW-ER
GEOR-GIA, DODGE COUN-TY
BY VIR-TUE OF THE POW-ER OF SALE con-tained in that cer-tain Deed to Se-cure Debt (the Se-cur-i-ty Deed) from RAN-DALL CHA-RLES CARR to CIT-I-ZENS BANK & TRUST COM-PA-NY, dat-ed April 12, 2004, filed for record April 13, 2004, and record-ed in Deed Book 472, Pag-es 42-45, Clerks Of-fice, Dodge Su-pe-ri-or Court, which Se-cur-i-ty Deed secures a cer-tain prom-is-sory note dat-ed June 21, 2013, in the origi-nal prin-ci-pal amount of SEV-EN THOU-SAND NINE HUNDRED TWEN-TY-SIX AND 96/100 Dol-lars ($7,926.96), with in-ter-est there-on as pro-vid-ed in said note un-til paid, to-geth-er with any and all re-ne-wals and ex-ten-sions there-of, in whole or in part, but also any and all oth-er and fur-ther in-debt-ed-ness ow-ing by the Bor-row-er to the Lender, its suc-ces-sors and as-signs, there will be sold by the un-der-signed at pub-lic out-cry, dur-ing the le-gal hours of sale be-fore the Court-house Door of Dodge Coun-ty, Geor-gia, on the first Tues-day in Oc-tob-er, 2015, to-wit: Oc-tob-er 6, 2015, to the high-est and best bid-der for cash, the fol-low-ing de-scribed prop-er-ty:
TRACT I: ALL THAT TRACT OR PAR-CEL OF LAND CON-TAIN-ING 3.00 ACR-ES, MORE OR LESS, LY-ING AND BE-ING IN LAND LOT NO. 277 IN THE 19TH LAND DIS-TRICT OF DODGE COUN-TY, GEOR-GIA, BE-ING MORE PAR-TICU-LAR-LY DE-SCRIBED AC-CORD-ING TO A PLAT OF SUR-VEY PRE-PARED BY W. P. JOHN-SON, GEOR-GIA REG-IS-TERED LAND SUR-VEYOR #1713, DAT-ED AU-GUST 6, 2002, AND RECORD-ED IN THE OF-FICE OF THE CLERK OF DODGE SU-PE-RI-OR COURT IN PLAT BOOK 32, PAGE 224, SAID PLAT AND RECORD-ING THERE-OF BE-ING IN-COR-PO-RAT-ED HERE-IN AND MADE A PART HERE-OF BY REF-ER-ENCE FOR DE-SCRIP-TIVE AND ALL OTH-ER LE-GAL PUR-POS-ES. SAID PROP-ER-TY BE-ING TRACT #8 ON SAID PLAT OF SUR-VEY.
SAID PROP-ER-TY IS CON-VEYED WITH AND SUB-JECT TO THAT CER-TAIN IN-GRESS/EGRESS EASE-MENT DE-PICT-ED ON THE ABOVE-REF-ER-ENCED PLAT OF SUR-VEY.
TRACT II: ALL THAT TRACT OR PAR-CEL OF LAND CON-TAIN-ING 1.20 ACR-ES, MORE OR LESS, LY-ING AND BE-ING IN LAND LOT NO. 277 IN THE 19TH LAND DIS-TRICT OF DODGE COUN-TY, GEOR-GIA, AND BE-ING MORE PAR-TICU-LAR-LY DE-SCRIBED AC-CORD-ING TO A PLAT OF SUR-VEY PRE-PARED BY W. P. JOHN-SON, GEOR-GIA REG-IS-TERED LAND SUR-VEYOR NO. 1713, DAT-ED AU-GUST 13, 2002, AND RECORD-ED IN THE OF-FICE OF THE CLERK OF DODGE SU-PE-RI-OR COURT IN PLAT BOOK 33, PAGE 22, SAID PLAT AND THE RECORD-ING THERE-OF BE-ING IN-COR-PO-RAT-ED HERE-IN AND MADE A PART HERE-OF BY REF-ER-ENCE FOR DE-SCRIP-TIVE AND ALL OTH-ER E-GAL PUR-POS-ES. SAID PROP-ER-TY BE-ING TRACT #3 ON SAID PLAT OF SUR-VEY.
SAID PROP-ER-TY IS CON-VEYED WITH AND SUB-JECT TO THAT CER-TAIN IN-GRESS/EGRESS EASE-MENT DE-PICT-ED ON THE ABOVE REF-ER-ENCED PLAT OF SUR-VEY.
THE ABOVE REF-ER-ENCED TRACTS ARE SUB-JECT TO THE FOL-LOW-ING RE-STRIC-TIONS: THE PROP-ER-TY SHALL BE USED FOR SIN-GLE-FAM-I-LY RES-I-DEN-TIAL PUR-POS-ES ONLY. PROP-ER-TY IS TO CON-TAIN ONE DWELL-ING AND MAY NOT BE SUB-DI-VID-ED BY OWN-ER. ALL STRUC-TURES OR HOMES LO-CAT-ED ON PROP-ER-TY MUST BE PLACED AT LEAST 40 FEET FROM THE PROP-ER-TY LINES AD-JOIN-ING ROADS AND AT LEAST 20 FEET FROM OTH-ER PROP-ER-TY LINES. MO-BILE HOMES MUST BE UN-DER-PINNED. NO DIS-CARD-ED OR IN-OP-ER-ABLE VE-HI-CLES MAY BE KEPT ON PROP-ER-TY. NO LIVE-STOCK OP-ER-A-TIONS CAN BE KEPT ON PROP-ER-TY. PROP-ER-TY WILL BE CON-VEYED WITH THE FOL-LOW-ING RIGHTS AND OB-LI-GA-TIONS RE-GARD-ING USE OF NEAR-BY POND:
1. THE OWN-ERS AND IM-ME-DIATE FAM-I-LY RE-SID-ING WITH-IN THE OWN-ERS HOUSE-HOLD SHALL HAVE THE RIGHT TO USE THE EN-TIRE SUR-FACE AREA OF THE POND SHOWN ON SAID PLAT FOR RE-CREA-TION-AL PUR-POS-ES ONLY. SAID RIGHT TO THE USE THE SUR-FACE AREA SHALL NOT AU-THOR-IZE OR PER-MIT OWN-ERS TO ENT-ER OR GO UPON THE LANDS OF OTH-ERS SUR-ROUND-ING THE POND. TO-GETH-ER WITH A RIGHT OF IN-GRESS AND EGRESS TO AND FROM SAID POND ALONG THE EASE-MENT SET FORTH IN SAID PLATS.
2. THE OWN-ERS SHALL SHARE EQU-AL-LY IN ANY COST OR EX-PENSE IN THE MAIN-TENANCE OF THE DAM AND POND CAN-NOT BE AL-TERED OR DRAINED WITH-OUT THE CONS-ENT OF ALL OWN-ERS HAV-ING RIGHTS TO USE SAID POND.
The debt se-cured by said Se-cur-i-ty Deed has been and is here-by de-clared due be-cause of, among oth-er pos-si-ble ev-ents of de-fault, the fai-lure of the Bor-row-er to pay as and when due the in-debt-ed-ness ev-i-denced by the prom-is-sory note se-cured by said Se-cur-i-ty Deed. No-tice has been given of in-ten-tion to en-force pro-vi-sions for col-lec-tion of at-tor-neys fees and fore-clo-sure in ac-cor-dance with the le-gal re-quire-ment and the terms of the Se-cur-i-ty Deed. The debt re-main-ing in de-fault, this sale will be made for the pur-pose of ap-ply-ing pro-ceeds there-of to the pay-ment of the in-debt-ed-ness se-cured by the Se-cur-i-ty Deed, ac-crued in-ter-est and ex-pens-es of the sale and oth-er sums se-cured by the Se-cur-i-ty Deed, in-clud-ing at-tor-neys fees, and the re-main-der, if any, shall be ap-plied as pro-vid-ed by law.
To the best of the un-der-signeds knowl-edge and be-lief the prop-er-ty is in the pos-ses-sion of RAN-DLE CHA-RLES CARR, and said prop-er-ty will be sold as the prop-er-ty of the said RAN-DLE CHA-RLES CARR.
Said prop-er-ty will be sold sub-ject to all un-paid ad valor-em tax-es, spe-cial as-sess-ments, any un-paid util-i-ty bills con-sti-tut-ing liens against the prop-er-ty, and all re-stric-tive cov-en-ants, ease-ments and oth-er mat-ters of record su-pe-ri-or to and ex-ist-ing at the time of the record-ing of the Se-cur-i-ty Deed.
CIT-I-ZENS BANK & TRUST COM-PA-NY has full au-thor-i-ty to ne-go-tiate, amend and mod-i-fy all terms of the mort-gage, and may be con-tact-ed as fol-lows: CIT-I-ZENS BANK & TRUST COM-PA-NY, 1041 High-way 96, Warn-er Rob-ins, Geor-gia 31088, Attn: Jeff Kipa, Vice Pres-i-dent and Spe-cial As-sets Of-fic-er, or by tel-e-phone at (478) 987-6000.
CIT-I-ZENS BANK & TRUST
COM-PA-NY
as At-tor-ney-in-Fact for
RAN-DALL CHA-RLES CARR,
act-ing un-der and by vir-tue of the
Pow-er of Sale con-tained in said
Se-cur-i-ty Deed
JO-NATHAN D. MOORE
MOORE LAW FIRM, LLC
Post Of-fice Draw-er 8269
404 Cor-der Road, Su-ite 200 (31088)
Warn-er Rob-ins, Geor-gia
31095-8269
478-328-3200
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