Notice Content
State of Georgia
County of Chattahoochee
NOTICE OF SALE UNDER POWER
Because of a default under the terms of the Security Deed executed by Kestner J. Edens and Wendy J. Edens to Market Street Mortgage Corporation dated July 10, 1997, and recorded in Deed Book 6, Page 34, Chattahoochee County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank, securing a Note in the original principal amount of $80,580.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Wednesday, July 5, 2017, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All those lots tracts and parcels of land situate, lying and being in Part of Land Lot 18 of the 33rd Land District, in Chattahoochee County, Georgia, being known and designated as ALL OF LOT 8E and Part of Lot 9E, RED OAK HILLS containing 9.417 acres more or less, and being further shown and set forth on a map or plat of survey entitled "Survey of Lot 8 E and Part of Lot 9 E, Red Oak Hills, Part of Land Lot 18, 33rd District, Chattahoochee County, Georgia", dated July 3, 1997, prepared by Hobbs, Smith & Associates, Inc., said Plat being recorded in Plat Book 4, Page 66, in the Office of the Clerk of the Superior Court of Chattahoochee County, Georgia to which reference is expressly made for the description contained herein.
Said property is known as 251 Gordy Mill Pond Drive, Cusseta, GA 31805, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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.
The proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law.
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 secured creditor.
The property is or may be in the possession of Kestner J. Edens and Wendy J. Edens, successor in interest or tenant(s).
EverBank as Attorney-in-Fact for Kestner J. Edens and Wendy J. Edens
File no. 15-056430
SHAPIRO PENDERGAST & HASTY, LLP*
Attorneys and Counselors at Law
211 Perimeter Center Parkway, N.E., Suite 300
Atlanta, GA 30346
770-220-2535/SJ
shapiroandhasty.com
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Publish Dates: 6-7, 6-14, 6-21, 6-26-17
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