Notice Content
NOTICE OF SALE UNDER POWER
GEORGIA, EMANUEL COUNTY
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JAMES E. (BUDDY) MARSH to DURDEN BANKING COMPANY, INC., dated March 14, 2015 and recorded in Deed Book 397, pages 354-357, Emanuel County, Georgia Records, conveying the after-described property, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Emanuel County, Georgia, within the legal hours of sale on the first Tuesday in July, 2015, to wit: July 7, 2015, the following described property:
All that tract or parcel of land lying, situate and being in the 53rd G.M. District of Emanuel County, Georgia, containing 28.67 acres, fronting on the Northern side of Dellwood Road (County Road #98) as shown on plat of survey dated March 14, 2005, made by Timothy W. Eason, Surveyor, which is recorded in the Office of Clerk, Emanuel Superior Court in Plat Book 20, page 66A, to which reference is made as a part of this description. Said property is bounded now or formerly as follows: Northwest by lands of Sandra Marsh and lands of Edward F. Schwabe; Northeast by lands of James William Coody, Jr. and Glen Blackburn Coody and lands of James William Coody, et al; South by Dellwood Road (County Road #98); and Southwest by Bird Flanders Road (County Road #102).
Said property is the same as that conveyed by a Warranty Deed dated June 28, 2006 from Martha N. Screws by Attorney in Fact James Walter Screws to James E. (Buddy) Marsh which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 271, pages 519-520.
Said Deed to Secure Debt was executed to secure a Note of even date in the original principal amount of $80,755.20, with interest at the rate specified therein together with all other indebtedness of the borrower to the lender then due or that might thereafter become due, or thereafter become contracted, which was or would be evidenced by a note or notes.
The debt secured by said Deed to Secure Debt 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 Note and Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney's fees. Notice of intent to collect attorney's fees has been given, as provided by law.
Said property is commonly known as Old Dellwood Road, Swainsboro, GA 30401, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party in possession of the subject property is: RICKY M. MARSH or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, and covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Durden Banking Company, Inc., P.O. Box 160, Twin City, GA 30471 (478) 237-2271.
The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend, or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being Durden Banking Company, Inc., P.O. Box 160, Twin City, GA 30471.
Jerry N. Cadle, P.C.
Attorney
P.O. Box 68
Swainsboro, GA 30401
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTMEPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Back