Notice Content
NOTICE OF PUBLIC SALE
Georgia, Ben Hill County
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
UNDER AND BY VIRTUE of the power of sale contained in that certain deed to secure debt (hereinafter referred to as the “Security Deedâ€) from James Fuller (hereinafter (collectively, if more than one) referred to as “Debtorâ€) to R. Wayne Downing (hereinafter referred to as “Secured Creditorâ€) dated September 8, 2003, and recorded September 10, 2003 in Deed Book 542, pages 268-271 Deed Records of Ben Hill County, Georgia, assigned to R. Wayne Downing, as Trustee of the Downing Trust by instrument dated
March 18, 2004, recorded in Deed Book 559, pages 322-324, Deed Records of Ben Hill County, Georgia and for the purpose of paying the indebtedness secured thereby, which is now due and payable, together with the costs of sale, the Secured Creditor will sell on the first Tuesday in August, 2015 at public outcry to the highest bidder for cash before the courthouse door
in Ben Hill County, Georgia, within the legal hours of sale, the following described property, to wit:
All of City Lots Numbers 24 and 25 in Square 7 in Block 6 in the City of
Fitzgerald, formerly Irwin, now Ben Hill County, Georgia, as shown by the plat of said city made by or for the American Tribune Soldiers Colony Company of file in the Office of the Clerk of the Superior Court of Irwin County, Georgia.
The street address of said property is 308 N. Lee St., Fitzgerald, GA
31750.
The said property will be sold subject to (a) any and all taxes and assessments levied or assessed prior to the current year, (b) ad valorem
taxes for the current year, (c) all liens, encumbrances, and other matters of record, if any, that are superior to or have priority over the security deed being foreclosed, and (d) final confirmation that at the time of the sale being advertised herein there was no automatic stay in effect with respect to the above described property due to the filing of a petition for relief under any chapter of the United States Bankruptcy Code with respect to a person having an interest in the above described property.
Notice is hereby given that under the provisions of O.C.G.A. § 9-13-172.1, the Secured Creditor may under certain circumstances rescind the sale being advertised herein, within 30 days after the sale but before the foreclosure deed or deed under power has been delivered to the purchaser at such sale.
Unless the sale is rescinded as hereinabove provided, a conveyance will be executed to the purchaser at such sale as authorized under the power of sale contained in the Security Deed aforesaid.
The name of the creditor asserting this claim against Debtor is R. Wayne Downing, as Trustee of the Downing Trust. Debtor is hereby notified that the creditor's address is 316 E. Pine St., Fitzgerald, GA 31750. The creditor's telephone number is (229) 423-5080. R. Wayne Downing, is the creditor's employee at such location who has the authority to negotiate, amend, and modify all of the terms of the foregoing security deed and the indebtedness secured thereby, although he is not obligated to negotiate, amend, or modify the said security deed or the indebtedness secured thereby.
This 23rd day of June, 2015. R. Wayne Downing, as Trustee of the Downing Trust, as Attorney in Fact for James Fuller. Jay, Sherrell, Smith, Braddy &
Cook, P.C. Attorneys at law (7/8,15,22,29)
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