Notice Content
gpn11 STATE OF GEORGIACOUNTY of COLQUITT NOTICE OF SALEUNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL W. CLARY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST COMMUNITY MORTGAGE, INC. dated October 24, 2011, filed for record October 25, 2011, and recorded in Deed Book 1118, Page 536, COLQUITT County, Georgia Records, as last transferred to CITIMORTGAGE, INC. by assignment recorded in Deed Book 1223, Page 301, COLQUITT County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated October 24, 2011 in the original principal sum of ONE HUNDRED SEVENTEEN THOUSAND SEVEN HUNDRED SIXTY ONE AND 0/100 DOLLARS ($117,761.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at COLQUITT County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in January, 2016, the following described property: ALL THAT PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING PART OF LOT 15 IN BLOCK 'A' WIREGRASS SUBDIVISION IN LAND LOT 355 AND 15 ADD IN LAND LOT 354 IN THE 8TH LAND DISTRICT OF COLQUITT COUNTY, GEORGIA, AS SHOWN BY A PLAT OF SURVEY PREPARED BY H. J. GRIFFIN & ASSOCIATES ENTITLED 'PROPERTY OF WILLIAM F. THOMAS, JR. & KAY L. THOMAS', DATED FEBRUARY 25, 1994 AND RECORDED IN PLAT BOOK 27, PAGE 22, COLQUITT COUNTY RECORDS, AND FURTHER DESCRIBED AS FOLLOWS: FROM THE ORIGINAL SOUTHEAST CORNER OF LAND LOT 355 RUN NORTH 42 DEGREES 30 MINUTES 00 SECONDS WEST A DISTANCE OF 89.84 FEET TO AN IRON PIN AND THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 42 DEGREES 30 MINUTES 00 SECONDS WEST A DISTANCE OF 169.42 FEET TO AN IRON PIN; RUN THENCE IN A WESTERLY DIRECTION FOLLOWING A CURVE TO THE LEFT ALONG THE ARC OF A CIRCLE A DISTANCE OF 78.54 FEET, THE RADIUS OF THE CIRCLE BEING 50.00 FEET WITH A CHORD BEARING OF NORTH 02 DEGREES 40 MINUTES 48 SECONDS WEST AND A CHORD DISTANCE OF 70.78 FEET TO AN IRON PIN; RUN THENCE NORTH 48 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 15.00 FEET TO AN IRON PIN; RUN THENCE NORTH 48 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 15.00 FEET TO AN IRON PIN; RUN THENCE NORTH 85 DEGREES 56 MINUTES 00 SECONDS EAST A DISTANCE OF 194.03 FEET TO AN IRON PIN; RUN THENCE SOUTH 00 DEGREES 46 MINUTES 00 SECONDS WEST A DISTANCE OF 146.79 FEET TO AN IRON PIN; RUN THENCE NORTH 87 DEGREES 37 MINUTES 23 SECONDS EAST A DISTANCE OF 36.83 FEET TO A POINT; RUN THENCE SOUTH 01 DEGREE 19 MINUTES 29 SECONDS EAST A DISTANCE OF 76.70 FEET TO A POINT; RUN THENCE NORTH 89 DEGREES 14 MINUTES 00 SECONDS WEST A DISTANCE OF 39.57 FEET TO AN IRON PIN; RUN THENCE NORTH 88 DEGREES 02 MINUTES 00 SECONDS WEST A DISTANCE OF 61.60 FEET TO AN IRON PIN AND THE POINT OF BEGINNING. To the best of the knowledge and belief of the undersigned, the party in possession of the property is RUSSELL W. CLARY or a tenant or tenants. Said property may more commonly be known as: 8 WIREGRASS CIRCLE, MOULTRIE, GA 31768. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys fees (notice of intent to collect attorneys fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is CITIMORTGAGE, INC., 1000 TECHNOLOGY DRIVE, O'FALLON, MO 63368-2239; (866) 272-4749. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to 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. CITIMORTGAGE, INC.As Attorney-in-Fact forRUSSELL W. CLARY Phelan Hallinan Diamond & Jones, PLLC11675 Great Oaks Way, Suite 375Alpharetta, GA 30022Telephone: 770-393-4300Fax: 770-393-4310PH # 26453 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. 0009622512/9,16,23,30/15
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