Notice Content
NOTICE OF PUBLIC SALE
Georgia, Ben Hill County
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the power of sale contained in that certain security deed executed by Marvin H. Ash, Jr., to The Bank of Fitzgerald
(Colony Bank) dated November 9, 1990, and recorded November 20, 1990, in Deed Book 262, pages 50-52, Deed Records of Ben Hill County, Georgia and modified by instrument executed by Marvin H.Ash, Jr., to The Bank of Fitzgerald (Colony Bank) dated June 29, 2013 and recorded July 31, 2013, in
Deed Book 828, page 64, Deed Records of Ben Hill County, Georgia and for the purpose of paying the indebtedness secured thereby, which is now due and payable, together with the costs of sale, the undersigned will sell on the first Tuesday in January, 2017, at public outcry to the highest bidder for cash before the courthouse door in Ben Hill County, Georgia, within the
legal hours of sale, the following described property, to wit:
A tract or parcel of land lying and being in Land Lot No. 241 in the
Third Land District of Ben Hill County, Georgia, and being located in the Southwest corner of that certain tract of land designated as Plot No. 1 and awarded to Mrs. Sibbie Dorminy in the division in kind of the Zary Dorminy Estate recorded in Minute Book 3, Page 384-388 in the Office of the Ordinary of Ben Hill County, Georgia, to which proceedings reference is hereby made, and the tract conveyed hereby being particularly described as beginning at the Southwest corner of said Plot No. 1, which said point is the intersection of a branch with the north right of way line of a public road known as the Bowens Mill - Rebecca Road which lies between the Bethlehem Road and U.S. Highway 129, and thence from said point of beginning in an Easterly direction along the north right of way line of said Bowens Mill - Rebecca Road 345 feet; thence north 165 feet; thence west 315 feet, more or less to the run of a branch; thence in a generally
southerly direction along the run of said branch to the point of beginning; this being the same property conveyed to Marvin Ash by Mrs. Juanita Morris Dorminy by deed dated April 21, 1970, and recorded in Deed Book 120, Page 355-356 and reference is hereby made to the description in said deed and the same is incorporated herein.
The physical address of said property is 225 Morning Glory Road, Fitzgerald, GA 31750.
The said property will be sold subject to (a) any and all taxes and assessments levied or assessed prior to the current year, (b) ad valorem
taxes for the current year, (c) all liens, encumbrances, and other matters of record, if any, that are superior to or have priority over the security deed being foreclosed, and (d) final confirmation that at the time of the sale being advertised herein there was no automatic stay in effect with respect to the above described property due to the filing of a petition for relief under any chapter of the United States Bankruptcy Code with respect to a person having an interest in the above described property.
Notice is hereby given that under the provisions of O.C.G.A. § 9-13-172.1, the Secured Creditor may under certain circumstances rescind the sale being advertised herein, within 30 days after the sale but before the foreclosure deed or deed under power has been delivered to the purchaser at such sale.
Unless the sale is rescinded as hereinabove provided, a conveyance will be executed to the purchaser at such sale as authorized under the power of sale contained in the Security Deed aforesaid.
The name of the creditor asserting this claim against you is Colony Bank. The creditor's address is, 302 S. Main St., P.O. Box 1029, Fitzgerald, GA 31750. The creditor's telephone number is (229) 423-5446. Mark Turner, is the creditor's employee at such location who has the authority to negoti-
ate, amend, and modify all of the terms of the foregoing security deed and the indebtedness secured thereby, although he is not obligated to negotiate, amend, or modify the said security deed or the indebtedness secured thereby.
This 28th day of November, 2016.
Colony Bank, as Attorney in Fact
and Creditor for Marvin H. Ash, Jr.
Jay, Sherrell, Smith, Braddy & Cook PC, Attorneys at Law (12/7,14,21,28)
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