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HS Foreclosures
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF LIBERTY By virtue of the Power of Sale contained in the Deed to Secure Debt from J. DEWAYNE PHILLIPS ("Debtor") to THE HERITAGE BANK ("Lender"), dated April 23, 2007, recorded in Deed Book 1470, Page 403, Liberty County, Georgia records, as modified (the "Security Deed"), said Security Deed being given to secure: (a) a Promissory Note, dated April 23, 2007, from Debtor to Lender in the original principal amount of $287,540.22, as modified, together with all extensions, renewals, modifications and future obligations of Debtor to Lender, including, without limitation, (i) a Promissory Note dated April 23, 2004, from Debtor and Ellis A. Phillips to Lender in the original principal amount of $100,000.00, as modified by Note Modification Agreement, dated November 28, 2007, and (ii) a Promissory Note, dated November 7, 2011, from Debtor and Kylie B. Phillips to Lender in the original principal amount of $152,685.89, as modified, with interest as specified therein (collectively, the "Note"); and (b) such other indebtedness of Debtor as is defined in the Security Deed. There will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Liberty County, Georgia, within the legal hours of sale on the first Tuesday in October, 2015, the following described property: ALL THAT CERTAIN LOT OR TRACT OR PARCEL OF LAND situate, lying and being in the 1359th G.M. District of Liberty County, Georgia, containing 1.95 acres, more or less, as shown and represented on that certain plat of survey made and prepared by Joe P. Davis, Georgia Registered Land Surveyor No. 1436, dated August 1, 2000, and recorded in the Plat Section M-48, Page 2, in the Office of the Clerk of Superior Court of Liberty County, Georgia, said plat by specific reference is made part hereof for descriptive and all other purposes. Said tract of land being bounded, now or formerly as follows: Northerly by Sunbury Creek; easterly by the right of way of Ocean Road; southerly by the right of way of Old Sikes Road; and westerly by the lands of Oakbrook Properties, Inc., all as shown on the above referred to plat of survey. Said property is commonly known as 588 Sunshine Lake Road, Midway, Georgia. The indebtedness secured by the Security Deed has been and is hereby declared due because of the failure to comply with the terms and conditions contained in the Note and Security Deed. 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 Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys' fees as provided in the Note and Security Deed, notice of intention to collect attorneys' fees having been given as provided by law; and the remainder, if any, shall be applied as provided by law. To the best of the undersigned's knowledge and belief, the current owner of the property is Debtor, and the party in possession of the property is Debtor or tenants of Debtor. 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. Said property will be sold as the property of the Debtor subject to all unpaid property taxes, assessments, restrictions, restrictive covenants, rights of way, and easements of record, if any. THE HERITAGE BANK As Attorney-in-Fact for J. DEWAYNE PHILLIPS David B. McAlister, Esq. Arnall Golden Gregory LLP 171 17th Street, NW, Suite 2100 Atlanta, Georgia 30363 (404) 873-8718 40035 9/9,16,23,30
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