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 and Teresa E. Ash to Colony Bank of Fitzgerald dated September 13, 2004, recorded October 1, 2004, in Deed Book 574, pages 140-142, 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 February, 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 (that is, between 10:00 a.m. and 4:00 p.m. EDT), the following described property, to wit:
All that tract or parcel of land containing 8.00 acres lying and being in Land Lot 240 in the Third Land District of Ben Hill County, Georgia, and being more particularly described as follows: Beginning at the Northwest corner of Land Lot No. 240 and thence from said point north 89 degrees 18 minutes 39 seconds east 3,448.65 feet to a point; thence south 0 degrees 41
minutes 21 seconds east 20.00 feet to a point located on the north right
of way line of Iris Road (40 foot right of way) to a point and being the point and place of beginning of the property herein described; thence from said point of beginning north 89 degrees 18 minutes 39 seconds east 312.57 feet to a point; thence along the arc of a curve having a radius of 262.58 feet and a chord bearing of south 73 degrees 44 minutes 42 seconds east
an arc distance of 155.31 feet and a chord distance of 153.05 feet to a point; thence south 5 degrees 11 minutes 22 seconds east 304.58 feet to a point; thence south 89 degrees 48 minutes 03 seconds west 585.54 feet to a point; thence north 01 degree 34 minutes 26 seconds west 149.60 feet to a point; thence north 33 degrees 44 minutes 18 seconds west 559.77 feet to the point and place of beginning of the property herein described. Said
tract or parcel of land being more particularly described by a plat of survey prepared by T.W. Ash, Georgia Registered Land Surveyor No. 2096, dated April 8, 2004, and recorded in Plat Slide 665-H in the Office of the Clerk of the Superior Court of Ben Hill County, Georgia, and said plat being made reference to and incorporated herein as a part of this description.
The physical address of the subject property is 320 Iris Road, Fitzgerald, Ben Hill County, Georgia 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 herein above 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.
Notice is further given that under and by virtue of the rights and powers conferred Community Banking Company of Fitzgerald under and by virtue of Georgia law and that certain note and security agreement from Marvin H. Ash and Teresa E. Ash to Colony Bank dated July 29, 2013, for the original
principal sum of $76,012.66 together with interest thereon and payable as therein provided, and for the purpose of paying the indebtedness represented thereby, which is now due and payable, together with the costs of sale, the undersigned will sell on the first Tuesday in February, 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 (that is, between 10:00 a.m. and 4:00 p.m. EDT), the following described property, to wit:
That certain 1985 Catalina Model CD12 Mobile Home, Serial Number 5115A & 5115B, now located on the above described real property. The said manufactured home will be sold subject to any and all taxes and assessments levied or assessed prior to the current year, ad valorem taxes for the current year, and all liens, security interests, and other matters of record, if any, that are superior to or have priority over the security interest being fore-closed.
A conveyance of said manufactured home will be executed to the purchaser as authorized under said note and the applicable provisions of Georgia law.
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 negotiate, 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 December, 2016.
Colony Bank, as Attorney in Fact for and Creditor of Marvin H. Ash &
Teresa E. Ash
Jay, Sherrell, Smith, Braddy & Cook P.C.. Attorneys at Law
(1/11,18,25,2/1)
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