GEORGIA, BIBB COUNTY NOTICE...
Date Listed: July 5
Newspaper ID #2949912
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GEORGIA, BIBB COUNTY NOTICE OF SALE UNDER POWER -UNDER AND BY VIRTUE of the power of sale contained in that certain Deed to Secure Debt (With Future Advance Clause) (as modified, transferred, and assigned, the "Security Deed") dated October 12, 2001, executed and delivered by YARD PROPERTIES, LLC ("Yard Properties") to SECURITY BANK OF BIBB COUNTY ("Security Bank"), and recorded in Deed Book 5079, at page 171, Bibb County, Georgia records; as modified by that certain Modification of Deed to Secure Debt dated July 27, 2007, by and between YARD PROPERTIES and SECURITY BANK, and recorded in Deed Book 7610, at page 376, Bibb County, Georgia records; as transferred and assigned by the FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR SECURITY BANK, to STATE BANK AND TRUST COMPANY ("State Bank"), AS ASSIGNEE OF SECURITY BANK'S RIGHTS to the Security Deed and all other related loan documents by that certain Assignment of Loan Documents dated May 14, 2014 (effective as of July 24, 2009), and recorded in Deed Book 9248, at page 134, Bibb County, Georgia records; as modified by that certain Modification of Deed to Secure Debt dated December 14, 2010, by and between YARD PROPERTIES and STATE BANK, and recorded in Deed Book 8430, at page 312, Bibb County, Georgia records; as modified by that certain Modification of Deed to Secure Debt and Security Agreement dated December 25, 2012, by and between YARD PROPERTIES and STATE BANK, and recorded in Deed Book 8938, at page 93, Bibb County, Georgia records, conveying the after-described property (through the open end provisions therein) to secure that certain promissory note (as amended, modified, extended, and/or renewed, the "Note") from YARD PROPERTIES to SECURITY BANK dated January 14, 2008, in the original principal amount of Twenty-Eight Thousand Seven Hundred Eighty-Two and 36/100 Dollars ($28,782.36), STATE BANK being the current owner and holder of the Note, with interest thereon as set forth therein, there will be a sale at public outcry to the highest bidder for cash before the courthouse door of Bibb County, Georgia during the legal hours of sale on the first Tuesday of August, 2014, of the following described property (the "Property"): Tract No 1: All that tract or parcel of land situate, lying and being in the Fourth Land District, Bibb County, Georgia, being known and designated as Lot 16, of Jefferson Hills and recorded in Plat Book 24, Page 50, Clerk's Office, Bibb Superior Court. Said Lot 16 is subject to such size, shape, metes, bounds and dimensions as shown on said plat, which plat is by this reference made a part hereof for all purposes. Tract No. 2: All that tract or parcel of land situate, lying and being in the Fourth Land District, Bibb County, Georgia, being known and designated as Lot 16 Addition, of Jefferson Hills and recorded in Plat Book 30, Page 137, Clerk's Office, Bibb Superior Court. Said Lot 16 Addition is subject to such size, shape, metes, bounds and dimensions as shown on said plat, which plat is by this reference made a part hereof for all purposes. The indebtedness secured by the Security Deed has been and is hereby declared due and payable by reason of default for, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and the Security Deed. The indebtedness remaining in default, this sale will be made for the purpose of paying said debt and all expenses of this sale, as provided in the Security Deed and by law, including but not limited to attorneys' fees (the statutory notice of intent to collect attorneys' fees having been served). -The Property will be sold subject to any outstanding ad valorem taxes (including taxes that are a lien, but not yet due and payable); any matters that might be disclosed by an accurate survey and/or inspection of the Property; any assessments, liens, encumbrances, zoning ordinances, restrictions, and covenants; and matters of record superior to the Security Deed. Additionally, this sale will be conducted subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and subject to final confirmation and audit of the status of the loans with the holder of the Security Deed. -Notice to the debtor as required by O.C.G.A. ¤ 44-14-162.2 has been given. Please note that State Bank and Trust Company, located at the business address of 3399 Peachtree Street NE, Suite 2050, Atlanta, Georgia 30326, is the entity that has the full authority to negotiate, amend or modify the terms of the loan documents. State Bank and Trust Company can be contacted through the following representative, Michael A. Dunn, Esq., James-Bates-Brannan-Groover-LLP, 3399 Peachtree Road, N.E., Suite 1700, Atlanta, Georgia, 30326, Tel: (404) 997-6020. STATE BANK AND TRUST COMPANY, as Attorney-in-Fact for YARD PROPERTIES, LLC. Michael A. Dunn, Esq. James-Bates-Brannan-Groover-LLP 3399 Peachtree Road N.E. Suite 1700, Buckhead Tower Atlanta, Georgia 30326 (404) 997-6020 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. #2949912: 7/12,19,26; 8/2
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