Notice Content
NOTICE OF SALEUNDER POWER GEORGIA, COLQUITT COUNTY Because of a default in the payment of the indebtedness, among other possible events of default, contained in a Deed to Secure Debt from JOSEPH E. FITZPATRICK, JR. and JOSEPH E. FITZPATRICK, SR. to COMMERCIAL BANKING COMPANY, dated March 28, 2013, and recorded in Deed Book 1167, page 352, Colquitt County records, as modified by that certain Modification of Deed to Secure Debt, dated April 18, 2014, and recorded in Deed Book 1205, page 488, Colquitt County records and contained in a Commercial Deed to Secure Debt from TALLOKAS DEVELOPMENT, LLC to COMMERCIAL BANKING COMPANY, dated November 28, 2011, and recorded in Deed Book 1121, page 309, Colquitt County records, as modified by that certain Modification of Deed to Secure Debt, dated April 18, 2014, and recorded in Deed book 1205 page 492, Colquitt County records, securing a Promissory Note in the original principal amount of Thirty-Five Thousand Five Hundred Twenty-Eight & 00/100 Dollars ($35,528.00) and another Promissory Note in the original principal amount of One Hundred Sixty-One Thousand Eight Hundred Fifty and 07/100 Dollars ($161,850.07), the holder thereof pursuant to said deeds and notes has declared the entire amount of said indebtedness (including all renewals, modifications and extensions) due and payable and pursuant to said power contained in said deeds will on the first Tuesday in February 2017, during the legal hours of sale before the Courthouse door in said County, sell at public outcry to the highest and best bidder for cash the following property to-wit: Tract 1: All that tract or parcel of land lying and being in the City of Moultrie and being original Land Lot No. 308 of the Eighth Land District of Colquitt County, Georgia, and being all of Lot Nos. 7, 8, and 9 of Block J of the West Broad Heights Subdivision, according to a plat of said subdivision made by E. Wilson, C.E., dated October of 1909 and recorded in Deed Book Y, Page 701, Clerks Office, Colquitt Superior Court. Said property is known and designated as 203 Tallokas Road, Moultrie, Georgia. Tract 2: All that tract or parcel of land situate, lying and being in Land Lot 262 in the Eighth (8th) Land District in Colquitt County, Georgia, being the North part of Lot 5 in Block 107 in the City of Moultrie, Georgia being the North part of Lot 5 in Block 107 in the City of Moultire, Georgia, as shown by that plat dated August 8, 1994, designated as Property of Fallin & McIntosh Properties, recorded in Plat Book 27, Page 186, Colquitt County Records; the property being more specifically described as follows: To locate the point of beginning commence at the intersection of the North margin of the right of way of First Avenue, N.E. with the East margin of the right of way of North Main Street; from this intersection run thence North along the East margin of the right of way of North Main Street a distance of 75.00 feet to a point, this being the point of beginning; run thence North 01 degrees 06 minutes 09 seconds West along the East margin of the right of way of North Main Street a distance of 75.00 feet to a point; run thence North 89 degrees 00 minutes 00 seconds East of distance of 90.00 feet to a point; run thence South 01 degrees 06 minutes 09 seconds East a distance of 75.00 feet to a point; run thence South 89 degrees 00 minutes 00 seconds West a distance of 90.00 feet to a point on the East margin of the right of way of North Main Street; this being the point of beginning. Said property is known and designated as 110 North Main Street, Moultrie, Georgia. Said property will be sold subject to all applicable restrictive covenants and/or easements of record and any taxes or assessments which may be a lien against said property. In addition said property will be sold subject to any matters which might be disclosed by an accurate survey and inspection of the property and to all matters of record in the Office of the Clerk of the Superior Court of said County. Notice has been given of the Holders intention to collect attorneys fees in accordance with the terms of the notes and the security deeds. Said property will be sold as the property of Joseph E. Fitzpatrick, Jr., Joseph E. Fitzpatrick, Sr., and Tallokas Development, LLC and, the property, to the best information, knowledge and belief of the undersigned being presently in the possession of Joseph E. Fitzpatrick, Jr. and Tallokas Development, LLC. Proceeds of the sale will be applied to the payment of all indebtedness collateralized by said security deeds and all expenses of said sale, including attorneys fees as provided in said security deeds, and the balance, if any, will be distributed as provided by law. The following information is being provided in accordance with O.C.G.A. 44-14-162.2. Commercial Banking Company is the secured creditor under the deeds to secure debt and loan 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: Commercial Banking Company, Post Office Box 100, Valdosta, Georgia 31603; Telephone No.: (229) 242-7600, Attn: Alan Harper. 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.THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COMMERCIAL BANKING COMPANY, Attorney in fact for Joseph E. Fitzpatrick, Jr. Joseph E. Fitzpatrick, Sr., and Tallokas Development, LLC Nathanael D. BrantleyDOVER MILLERKARRAS & LANGDALE, P.C.Attorneys at Law701 North Patterson StreetP. O. Box 729Valdosta GA 31603-0729(229) 242-0314 00110803Publication Dates: January 11, 18, 25; and February 1, 2017
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