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 SAMANTHA ANN SAMPLES to HERSCHEL MCKINZIE, dated May 23, 2006 and recorded in Deed Book 272, pages 282-285, 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 March, 2016, to wit: March 1, 2016, the following described property:
All those lots or parcels of land lying and being in the City of Swainsboro, 53rd G. M. District of Emanuel County, Georgia, being Lots numbered Nine (9) and Ten (10) in Block Lettered "B" of the Fowler Hill Subdivision as shown on a plat of survey recorded in Plat Book 1, page 67, in the Office of Clerk, Emanuel Superior Court, and Plat of Survey made by Walter K. Maupin, Surveyor, dated April 9, 1968, recorded in Plat Book 4, page 248, in the Office of the Clerk, Emanuel Superior Court, to which reference is made as a part of this description. Said property is bounded on the North by North Coleman Street; East by Lot 11, Block B, Fowler Hill Subdivision, being lands of Debra Ann Thompson; South by Lots 25 and 26, Block B, Fowler Hill Subdivision, being lands of James R. Mason; and West by Lot 8, Block B, Fowler Hill Subdivision, being lands of Sue F. Bishop, et al.
The above described property is the same as that conveyed from Herschel McKinzie to Samantha Ann Samples by a Warranty Deed dated May 23, 2006, recorded in the Office of Clerk, Emanuel Superior Court, in Deed Book 272, pages 280-281.
More commonly known as 717 North Coleman Street, Swainsboro, GA 30401.
Map/Parcel No. S13-078
Said Deed to Secure Debt was executed to secure a Note of even date in the original principal amount of $60,000.00, 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 717 North Coleman Street, 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: SAMANTHA ANN SAMPLES 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: Herschel McKinzie, 133 Museum Road, Swainsboro, GA 30401, telephone (478) 494-2387.
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 Herschel McKinzie, as Attorney in Fact for Samantha Ann Samples, 133 Museum Road, 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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