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NOTICE OF SALE UNDER POWER GEORGIA, Glynn COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in that certain Security Deed given by Gloria D Mitchell to SunTrust Bank, dated 05/25/2007 and filed 08/21/2007, recorded in Deed Book 2288, Page 257-265, Glynn County, Georgia Records, conveying the after-described property to secure an Access 3 Equity Line Account Agreement and Disclosure Statement in the original principal amount of Two Hundred Ten Thousand Dollars and No Cents ($210,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Glynn County, Georgia, within the legal hours of sale on Tuesday, February 7, 2017, the following described property: ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN GLYNN COUNTY, GEORGIA, AND ON THE ISLAND OF ST. SIMONS THEREIN AND BEING RESIDENCE UNIT NUMBER EIGHTYTHREE (83), BUILDING FIFTEEN(15) OF MALLERY VILLAS CONDOMINIUM AS SHOWN ON PLAT OF SURVEY OF CONINE-KICKLIGHTER, INC., DATED APRIL 6, 1974, AND REVISED ON AUGUST 13, 1974, AUGUST 19, 1974 AND APRIL 17, 1975 WHICH PLAT IS FILED IN PLAT DRAWER 13, PAGE 503, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF GLYNN COUNTY, GEORGIA, TOGETHER WITH ALL RIGHT, TITLE AND INTEREST OF THE PARTY OF THE FIRST PART IN SAID RESIDENCE AND THE APPURTENANCES THERETO UNDER THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF MALLERY VILLAS CONDOMINIUM, DATED SEPTEMBER 13, 1974 RECORDED IN DEED BOOK 18-D, PAGE 920 GLYNN COUNTY LAND RECORDS AS AMENDED BY AMENDMENTS THERETO FILED OF RECORD IN THE OFFICE OF THE CLERK AND ALL RECORDED AMENDMENTS THERETO ARE BY REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. THE INTEREST HEREIN INCLUDES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AN UNDIVIDED INTEREST IN THE COMMON AREA OF MALLERY VILLAS CONDOMINIUMS THE SAME IS IDENTIFIED IN SAID DECLARATION. SAID PROPERTY IS THE SAME REAL PROPERTY CONVEYED BY DEED DATED JANUARY 13, 1978, FROM FRANK G. WALTON AND RUTHANN B. WALTON, TO FRANK B. MITCHELL JR., AND GLORIA D. MITCHELL, WHICH IS RECORDED IN SAID CLERK'S OFFICE AT DEED BOOK 20-E, PAGE 613. REFERENCE IS HEREBY MADE TO SAID PLAT, TO SAID DEED AND TO THE RECORD OF EACH FOR FURTHER PURPOSES OF DESCRIPTION AND IDENTIFICATION AND FOR ALL OTHER PURPOSES. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Access 3 Equity Line Account Agreement and Disclosure Statement and Security Deed. 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 Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Gloria D Mitchell, Estate of Gloria D Mitchell, Rees Sumerford, Ben T Franklin , Jr, Stephen G. Franklin and David F. Franklin, or a tenant or tenants and said property is more commonly known as 1000 Mallery Ext St Unit 83, Saint Simons Island GA 31522-3652. In compliance with Georgia law, please find below the contact information for the entity who has authority to negotiate, amend, and modify the terms of the loan documents which may include a note, mortgage, security deed or deed to secure debt. SunTrust Bank Attn: Consumer Home Retention Group, VA-Richmond-RVW 7954 1001 Semmes Avenue Richmond, VA 23224 1(888) 886-0696 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 the Security Deed. SunTrust Bank, as Attorney in Fact for Gloria D Mitchell and Rees Sumerford By:_____________________________ Andrew D. Gleason Attorney for SunTrust Bank Lefkoff, Rubin, Gleason & Russo, P.C. 5555 Glenridge Connector Suite 900 Atlanta, Georgia 30342 (404)869-6900 (404)869-6909 (fax)
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