Notice Content
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt with Power of Sale (“Security Deedâ€) executed by John Marlowe in favor of Community Bank & Trust dated January 29, 1999, recorded at Deed Book 19A, Pages 712-713 of the Jackson County Deed Records, as modified by Modification Agreement – Security Deed dated September 2, 2005, recorded at Deed Book 40T, Pages 542-543, aforesaid records, as modified by Modification dated July 21, 2008, recorded at Deed Book 52Y, Pages 320-321, aforesaid records, as assigned by Transfer and Assignment of Deed to Secure Debt from the FDIC, in its capacity as Receiver for Community Bank & Trust, dated January 21, 2011, recorded at Deed Book 59J, Pages 702-716, aforesaid records, as modified by Modification of Deed to Secure Debt dated December 16, 2011, recorded at Deed Book 61Q, Pages 282-284, aforesaid records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Jackson County, Georgia, during the legal hours of sale, on the first Tuesday in July, that being July 7, 2015, the following described property:
All that tract or parcel of land lying and being in the 248th District, G. M., Jackson County, Georgia, containing 10.963 acres, more or less, as per plat of survey for John Marlowe, prepared by David J. Baggett, Georgia Registered Surveyor, dated January 6, 1999, and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 50, Page 284. Said plat as recorded, is hereby referenced for a more detailed description of said property. Subject to existing easements for public roads and utilities now in use.
The debt secured by said Security Deed is evidenced by a promissory note (the “Noteâ€) from John Marlowe dated December 16, 2011, in the original principal amount of $266,002.22, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of John Marlowe, the proceeds to be applied to the payment of said indebtedness, attorneys' fees (notice of intention to collect attorneys' fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned's knowledge and belief, the property is in the possession of John Marlowe and will be sold as the property of John Marlowe.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
John Marlowe
By: South State Bank f/k/a SCBT d/b/a CBT, a Division of SCBT f/k/a SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
ASH/mmk/279/11170/W174274
(JN10,17,24,JU1B/417-60T1P)
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