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NOTICE OF POWER OF SALE CONTAINED IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF SCHLEY
Under and by virtue of the power of sale contained in that certain Consumer Deed to Secure Debt from James L. Johnson and Rebecca D. Johnson, (collectively hereinafter referred to as Grantors) to Sumter Bank and Trust dated November 21, 2008, and recorded in Deed Book 167, Page 3, Schley County, Georgia records, (hereinafter referred to as the Security Deed), Synovus Bank, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger with SB&T Bank, successor in interest by merger with Sumter Bank and Trust Company, the present holder of the Promissory Note and Security Deed defined herein, (hereinafter referred to as the Secured Creditor) as attorney in fact for Grantors, will sell at public outcry to the highest and best bidder for cash between the legal hours of sale before the courthouse door of Schley County, Georgia on the first Tuesday in April, 2016, April 5, 2016, the following described property more commonly known as 1081 Harvey Circle, Ellaville, Georgia 31806 (the Property), to-wit:
All that tract or parcel of land lying and being in Land Lot 133, 30th Land District of Schley County, Georgia, consisting of Lot 39 of the Coogle Estates Subdivision, containing 1.3 acres all as more fully shown on a Plat of Survey dated July 14, 1999 and revised January 5, 2000, prepared by Paul H. Johnson, Registered Surveyor No. 2091, said plat recorded in Plat Book 6, page 36, Clerk of Schley Superior Court which plat is incorporated herein by express reference thereto.
The above property is subjective covenants recorded in Deed Book YYY, Pages 342-345, Schley County Deed Records.
Said Security Deed secures that certain Promissory Note dated November 21, 2008, made by Grantors and in favor of Secured Creditor in the original principal amount of Forty Nine Thousand Nine Hundred Fifty Seven Thousand and 00/100ths Dollars ($49,957.00) (hereinafter referred to as the Promissory Note) with interest thereon, together with any and all other indebtedness owed by Grantors to Secured Creditor.
The indebtedness arising from the Promissory Note has been and is hereby declared due because of default under the terms of the Promissory Note, including, but not limited to the nonpayment of principal and interest when due. 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 Promissory Note and Security Deed, including attorneys' fees as provided in the Promissory 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.
The following information is being provided in accordance with OCGA 44-14-162.2. Synovus Bank is the Secured Creditor under the Security Deed and loan being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated notes on behalf of the Secured Creditor: Synovus Bank, P.O. Box 120, Columbus, GA 31902; Telephone No.: (706) 649-2425, Attn: Foreclosures. OCGA 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument."
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 said Security Deed.
Said property will be sold subject to all liens, encumbrances, unpaid real estate ad valorem taxes and governmental assessments and to all prior restrictions, rights of-way, and easements of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to by the Secured Creditor.
To the best knowledge and belief of Secured Creditor, the equitable title to the Property is vested in James L. Johnson and Rebecca D. Johnson.
SYNOVUS BANK, FORMERLY KNOWN AS COLUMBUS BANK AND TRUST COMPANY, AS SUCCESSOR IN INTEREST THROUGH NAME CHANGE AND BY MERGER WITH SB&T BANK, SUCCESSOR IN INTEREST BY MERGER WITH SUMTER BANK AND TRUST COMPANY AS ATTORNEY IN FACT FOR JAMES L. JOHNSON AND REBECCA D. JOHNSON.
Attorney for Attorney-in-Fact
Randolph B. Jones, III
Page, Scrantom, Sprouse,Tucker & Ford, P.C.
1111 Bay Avenue, 3rd Floor
Post Office Box 1199
Columbus, Georgia 31902
(706) 324-0251
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Publish dates: 3-9, 3-16, 3-23, 3-30-16
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