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 ARTHUR GILES AND ANGELA GILES to DURDEN BANKING COMPANY, INC., dated March 27, 2008 and recorded in Deed Book 307, pages 422-425, 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 November, 2015, to wit: November 3, 2015, the following described property:
All that tract or parcel of land situate lying and being in the 53rd G.M. District of Emanuel County, Georgia, containing one acre, more or less, as shown on a plat of survey by Marlin Nevil, Registered Surveyor, No. 2524, as Parcel No. 1 on said plat. Said plat is recorded in Plat Book 21, page 729, of the Records of the Clerk of Superior Court of Emanuel County and by express reference incorporated herein for a more full, complete and accurate description hereof. Said tract being a portion of the property deeded to the Grantor herein by James W. Bramlitt and Imogene M. Bramlitt by Warranty Deed on May 4, 2007, and recorded in Deed Book 289, page 527, of the Records of the Clerk of Superior Court of Emanuel County, Georgia. Said tract being bounded on the North by lands now or formerly of Teresa Newsome, on the East by Parcel No. 2 said plat; on the South by lands now or formerly of Reamer and Ramona Oglesby, and on the West by McKenzie Drive.
This property is conveyed subject to outstanding easements and covenants of record.
More commonly known as 55 McKenzie Drive, Swainsboro, GA 30401
Map/Parcel No. 057-043A.
Said Deed to Secure Debt was executed to secure a Note of even date in the original principal amount of $13,909.34, 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 55 McKenzie Drive, Swainsboro, GA 30401, 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: Arthur Giles and Angela G. Giles 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: Durden Banking Company, Inc., P.O. Box 1560, Swainsboro, GA 30401, telephone (478) 237-2121.
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 Durden Banking Company, Inc., as Attorney in Fact for Angela G. Giles and Arthur Giles, P.O. Box 1560, Swainsboro, GA 30401.
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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