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NOTICE OF SALE UNDER POWER Under and by virtue of the power of sale granted by TIMOTHY BRYON SMITH AND NANCY WARD SMITH ("Grantor") to QUEENSBOROUGH NATIONAL BANK AND TRUST COMPANY ("Grantee") in that certain Real Estate Deed to Secure Debt dated NOVEMBER 4, 2013, and recorded in the Office of the Clerk of the Superior Court of RICHMOND County, Georgia, in Deed Book 1419, Page(s) 526, et seq., Grantee offers for sale at public outcry before the Courthouse Door, in RICHMOND County, Georgia, within the legal hours of sale on the First Tuesday in APRIL, 2016, being APRIL 5, 2016, for CASH to the highest bidder, the purchaser paying the transfer tax, all costs of preparing and recording a deed of conveyance, ad valorem taxes and all other assessments or liens against the property, if any, the following-described properties, to-wit: SEE "EXHIBIT A" ATTACHED HERETO The above-referenced Deed to Secure Debt was given to secure an indebtedness evidenced by a Promissory Note in the original principal amount of NINETY FIVE THOUSAND FOUR HUNDRED FOURTEEN AND 46/100 DOLLARS ($95,414.46) with interest thereon, and also any renewals, extensions, or modifications of any such indebtedness in whole or in part and all future advances that were made by Grantee. The indebtedness secured by said Deed to Secure Debt has been and is again declared due and payable in full because of, among other events of default, the failure of Borrower to make payments when due in the manner provided in the Promissory Note. 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 said Deed to Secure Debt, accrued interest thereon, expenses of the sale, attorneys' fees (notice of intention to collect attorneys' fees having been given) and all other sums secured by the Deed to Secure Debt, and the remainder, if any, shall be applied as provided by said Deed to Secure Debt and by law. To the best of the undersigned's knowledge and belief, the property described on "Exhibit A" is in the possession of TIMOTHY BYRON SMITH AND NANCY WARD SMITH, or a tenant or tenants. The property is more commonly known as 2609 PATTERSON BRIDGE ROAD HEPHZIBAH, GEORGIA 30815. Said property will be sold as the property of TIMOTHY BRYON SMITH AND NANCY WARD SMITH and subject to any outstanding ad valorem taxes (including taxes which are a lien, but are not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, zoning ordinances, covenants, all liens, encumbrances, easements, restrictions or other matters of record that may have priority over said Deed to Secure Debt, if any. 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 Deed to Secure Debt. In compliance with Official Code of Georgia Section 44-124-162.2, Grantee hereby states that the person with full authority to negotiate, amend, and modify all terms of the security deed with the debtor is Mr. Richard Peacock, whose address is 3617 Walton Way Extension, Augusta, Georgia 30909 and whose telephone number is 706-731-1400. However, this statement does not imply that Grantee will in fact agree to negotiate, amend and modify the terms of the security deed. QUEENSBOROUGH NATIONAL BANK AND TRUST COMPANY, James C. Overstreet, Jr., KLOSINSKI OVERSTREET, LLP, #7 George C. Wilson Court, Augusta, Georgia 30909, Tel: 706-863-2255. "EXHIBIT A" All that lot or parcel of land, situate, lying and being in the County of Richmond, State of Georgia, on the North side of Patterson Bridge Road, containing 12.268 acres, more or less, and more particularly described on a plat dated October 25, 1982, prepared by George L. Godman, Surveyor, which is filed for record in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 157, pages 2653-2654. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds and location of said property. Map and Parcel No.: 192-0-008-00-0 March 10, 17, 24, 31, 2016 Ad #16841321
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