Notice Content
NOTICE OF SALE UNDER POWER
GEORGIA, EMANUEL COUNTY
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by LEROY MACK, JR. AND LUCY B. MACK to JONES CENTRAL, LLC, dated April 25, 2014 and recorded in Deed Book 400, pages 122-127, Emanuel County, Georgia Records, conveying the after-described property, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Emanuel County, Georgia, within the legal hours of sale on the first Tuesday in October, 2015, to wit: October 6, 2015, the following described property:
TRACT ONE: All that tract or parcel of land lying, situate and being in the 53rd G.M. District of Emanuel County, Georgia, containing 5.00 acres, more or less, fronting on the southeastern side of Strawberry Circle (County Road No. 61) and designated as Lot 7 of Modoc Subdivision, as shown on a plat of survey dated January 25, 2006, revised February 3, 2006, made by Marlin Nevil, Surveyor, and recorded in the Office of Clerk, Emanuel Superior Court in Plat Book20, page 62A, to which reference is made as a part of this description. Said Lot 7 is bounded, now or formerly, as follows: Northwest by Lot 6 of said subdivision, being the lands of Ivy May Reid and Gary D. Reid and by Strawberry Circle (County Road No. 61); Northeast by Lot 8, of said subdivision, being the lands of Jones Central, LLC; Southeast by lands of William Harrison Brown, the centerline of the branch being the property line; and South by lands of Michael Edward Jackson and Bobbie Phillips, Acorn Lane, an eighty foot unimproved road, lands of Lavonne Roberts Bank, and Lot 6, of said subdivision, being the lands of Ivy May Reid and Gary D. Reid.
Said property is subject to a 15 foot Non-Exclusive Utility Easement dated February 5, 2006 from Jones Central, LLC to Altamaha EMC, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 263, pages 136-137.
Said property is subject to a 13-foot Non-Exclusive Road Easement dated February 5, 2006 from Jones Central, LLC to Emanuel County, Georgia, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 263, pages 138-139.
Said property is subject to Restrictive Covenants dated February 1, 2006 and recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 263, pages 140-143.
Said property is the same as that conveyed by a Deed Under Power of Sale dated November 3, 2009 from Jones Central, LLC, as Attorney in Fact for Michael E. Lewis and Dawn D. Lewis to Jones Central, LLC, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 332, pages 405-408.
Said property is the same as that conveyed by a Joint Survivorship Warranty Deed dated March 6, 2006 from Jones Central, LLC to Michael A. Lewis and Dawn D. Lewis, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 264, pages 359-361.
TRACT TWO: All that tract or parcel of land lying, situate and being in the 53rd G.M. District of Emanuel County, Georgia, containing 5.00 acres, more or less, fronting on the Southeastern side of Strawberry Circle (County Road No. 61) and designated as Lot 8 of Modoc Subdivision, as shown on a plat of survey dated January 25, 2006, revised February 3, 2006, made by Marlin Nevil, Surveyor, and recorded in the Office of Clerk, Emanuel Superior Court in Plat Book 20, page 62A, to which reference is made as a part of this description. Said Lot 8 is bounded, now or formerly, as follows: Northwest by Strawberry Circle (County Road No. 61) and by Lot 9, of said subdivision, being the lands of Althea Arnett; Northeast by Lot 9, of said subdivision, being the lands of Althea Arnett, Lot 10, of said subdivision, being the lands of Holly L. Hopkins, and Lot 11, of said subdivision, being the lands of Jones Central, LLC; Southeast by lands of William Harrison Brown, the centerline of the branch being the property line; and Southwest by Lot 7, of said subdivision, being the lands of Jones Central, LLC.
Said property is subject to a 15 foot Non-Exclusive Utility Easement dated February 5, 2006 from Jones Central, LLC to Altamaha EMC, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 263, pages 136-137.
Said property is subject to a 13-foot Non-Exclusive Road Easement dated February 5, 2006 from Jones Central, LLC to Emanuel County, Georgia, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 263, pages 138-139.
Said property is subject to Restrictive Covenants dated February 1, 2006 and recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 263, pages 140-143.
Said property is the same as that conveyed by a Deed Under Power of Sale dated April 7, 2009 from Jones Central, LLC, as Attorney in Fact for Sharon Dammar Fletcher and Andre G. Fletcher to Jones Central, LLC, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 324, pages 276-279.
Said property is the same as that conveyed by a Joint Survivorship Warranty Deed dated March 6, 2006 from Jones Central, LLC to Sharon Dammar Fletcher and Andre G. Fletcher, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 264, pages 321-323.
TRACT THREE: All that tract or parcel of land lying, situate and being in the 53rd G.M. District of Emanuel County, Georgia, containing 5.53 acres, fronting on the Southeastern side of Strawberry Circle (County Road #61), and designated as Lot 11 of the Modoc Subdivision as shown on a Plat of Survey dated January 25, 2006, revised February 3, 2006, made by Marlin Nevil, Surveyor, and recorded in the Office of Clerk, Emanuel Superior Court in Plat Book 20, page 62A, to which reference is made as a part of this description. Said Lot 11 is bounded, now or formerly, as follows: Northwest by Lot 10 of said subdivision, being the lands of Holly L. Hopkins, and by Strawberry Circle (County Road #61); Northeast by Lot 12 of said subdivision, being the lands of Cassandra Denise Williams; Southeast by lands of William Harrison Brown, the centerline of the branch being the property line; and Southwest by Lot 8 of said subdivision, being the lands of Jones Central, LLC and Lot 10, of said subdivision, being the lands of Holly L. Hopkins.
Said property is subject to a 15 foot Non-Exclusive Utility Easement dated February 5, 2006, from Jones Central, LLC to Altamaha EMC, which is recorded in Emanuel County Records in Deed Book 263, pages 136-137.
Said property is subject to a 13 foot Non-Exclusive Road Easement dated February 5, 2006, from Jones Central, LLC to Emanuel County, Georgia, which is recorded in Emanuel County Records in Deed Book 263, pages 138-139.
Said property is subject to Restrictive Covenants dated February 1, 2006, and recorded in Emanuel County Records in Deed Book 263, pages 140-143.
Said property is the same as that conveyed by a Deed Under Power of Sale dated October 7, 2008 from Jones Central, LLC, as Attorney in Fact for Claudette Rhoden and Sandra Deslandes-Clark, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 317, pages 533-536.
Said property is the same as that conveyed by a Joint Survivorship Warranty Deed dated November 13, 2006, from Jones Central, LLC to Claudette Rhoden and Sandra Deslandes-Clark, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 282, pages 493-495.
Said Tracts 1, 2, and 3 are the same as that conveyed by a Joint Survivorship Warranty Deed dated April 25, 2014 from Jones Central, LLC to LeRoy Mack, Jr. and Lucy B. Mack, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 400, pages 118-121.
Said Deed to Secure Debt was executed to secure a Note of even date in the original principal amount of $28,000.00, with interest at the rate specified therein together with all other indebtedness of the borrower to the lender then due or that might thereafter become due, or thereafter become contracted, which was or would be evidenced by a note or notes.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney's fees. Notice of intent to collect attorney's fees has been given, as provided by law.
Said property is commonly known as Lots 7, 8, and 11, Modoc Subdivision, Strawberry Circle, Swainsboro, GA, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party in possession of the subject property is: LeRoy Mack, Jr. and Lucy B. Mack or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, and covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Jones Central, LLC, 4108 Arkwright Road, Suite One, Macon, GA 31210.
The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend, or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being Jones Central, LLC, as Attorney in Fact for LeRoy Mack, Jr. and Lucy B. Mack, .
Jerry N. Cadle, P.C.
Attorney
P.O. Box 68
Swainsboro, GA 30401
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTMEPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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