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NOTICE OF SALE UNDER POWER GEORGIA, RICHMOND COUNTY Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt from Lynette Daniel, LLC ("Grantor") to Community & Southern Bank, as successor in interest to First National Bank of Georgia f/k/a West Georgia National Bank, by virtue of Assignment from the FDIC, as Receiver for First National Bank of Georgia ("Grantee"), dated April 12, 2007, filed and recorded May 8, 2007, in Deed Book 1119, Page 1919, Richmond County, Georgia Records, (the "First Security Deed"), conveying the after-described property to secure that certain Universal Note and Security Agreement dated April 12, 2007, from Grantor and Lynette Daniel, individually, payable to Grantee in the original principal amount of One Hundred Twenty Nine Thousand One Hundred Ninety Two and 50/100 Dollars ($129,192.50), with interest thereon as set forth therein (the "First Note"), and that certain Deed to Secure Debt from Grantor and Lynette Daniel, individually, to Grantee dated April 12, 2007, filed and recorded May 8, 2007, in Deed Book 1119, Page 1928, aforesaid records (the "Second Security Deed") (the First Security Deed and Second Security Deed, hereinafter, collectively, the "Security Deeds"), securing that certain Universal Note and Security Agreement from Grantor and Lynette Daniel, individually, to Grantee dated April 12, 2007, in the original principal amount of Seventy Five Thousand Eight Hundred Thirty Two and 00/100 Dollars ($75,832.00), with interest thereon as set forth therein (the "Second Note") (the First Note and the Second Note herein collectively referred to as, the "Notes"), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Richmond County, Georgia, within the legal hours of sale on the first Tuesday in May, 2016, the following described property: All that lot or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, fronting a distance of 101 feet, more or less, on the North side of Greene Street and extending back between approximately parallel lines a distance of 267 feet, more or less, to a rear width of 101 feet, more or less, on the South side of Ellis Street. Said lot is bounded as follows: North by Ellis Street; East by property now or formerly of Dyess and Mixon; South by Greene Street; and West by property now or formerly of Ray and Schneider. Said property was known as Ward I, Block 19, Lot 8 on the Old Plat Book of the City of Augusta. Said lot is shown on a certain plat thereof prepared by Billy B. Beazley, C.E. dated December 8, 1964, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 35-C, Page 325; reference being hereby made to said plat for a more complete and accurate description of said property, its metes, bounds and location. Said property is known as 239 Greene Street under the current numbering system in use in August, Georgia. Tax map and parcel no. 047 4 017 00 0. The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Notes. 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 Security Deeds and by law, including attorney's fees (notice of intent to collect attorney's fees having been given as provided by law). The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deeds, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, easements against the property, if any, and subject to any unpaid water and waste bills that constitute liens against the property, whether due and payable or not yet due and payable. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deeds. Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deeds. The following information is being provided in accordance with O.C.G.A. 44-14-162.2. Community & Southern Bank is the secured creditor under the Security Deeds and loans being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deeds and associated Notes on behalf of the secured creditor: Community & Southern Bank, Attn: Foreclosures, 4800 Ashford-Dunwoody Road, Suite 200, Dunwoody, Georgia 30338, (678) 293-1246. O.C.G.A. 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." To the best of the undersigned's knowledge and belief, the property is known as 239 Greene Street, Augusta, Richmond County, GA 30901; and the parties in possession of the property are Lynnette Daniel, LLC, Lynette Daniel, individually, and Albert A. Constable, individually, or their tenant or tenants. Community & Southern Bank, as successor in interest to First National Bank of Georgia f/k/a West Georgia National Bank, by virtue of Assignment from the FDIC, as Receiver for First National Bank of Georgia, as Attorney-in-Fact for Lynette Daniel, LLC and Lynette Daniel, individually Thompson, O'Brien, Kemp & Nasuti, P.C. 40 Technology Parkway South, Suite 300 Norcross, Georgia 30092 (770) 925-0111 This is notice that we are attempting to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. April 7, 14, 21, 28, 2016 AD#16875895
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