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July 26, 2014

NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA, COUNTY OF STEPHENS

Where:

30577

Description:

NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA, COUNTY OF STEPHENS. On January 4, 2002, Short Pines, Inc. executed a Deed to Secure Debt to The Bank of Toccoa, n/k/a First Citizens Bank and Trust Company, Inc., successor by merger, securing a note of even date for Thirty Nine Thousand Four Hundred Fifty Eight and No/100 Dollars ($39,458.00), said security deed being recorded in Deed Book 535, Pages 427-432, Stephens County Records. Said security deed conveyed the property hereinafter described. By virtue of the power of sale contained in said security deed to The Bank of Toccoa, n/k/a First Citizens Bank and Trust Company, Inc., successor by merger, there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Stephens County Government Building door in Stephens County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in August, the same being August 5, 2014, the following described property: All that tract or parcel of land, together with improvements thereon lying and being in the 215th G.M.D., Stephens County, Georgia CONTAINING 1.200 ACRES, more or less, located on the Northwesterly side of the right of way of DeFoor Road a/k/a Co. Paved Road #20 and being designated as Lot 7 on Plat of Survey for Somma Investments, Inc. by Stacey C. Carroll, Registered Land Surveyor, dated May 13, 1998 recorded in Plat Book 16, Page 401, Stephens County Records which Plat of Survey is incorporated herein by reference as part of this description. Property described herein is a portion of that conveyed by Warranty Deed from Bobby Dover Farms, Inc. to Somma Investments, Inc. dated November 5, 1997, recorded in Deed Book 384, Page 200, Stephens County Records. The above described property is conveyed subject to Declaration of Protective Covenants dated September 10, 1998, recorded in Deed Book 413, Pages 348-352, Stephens County Records. Also conveyed is a 2000 Brilliant 28 x 48 Double Wide Mobile Home bearing ID#BHAL10129AB located on the above described property. The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorneys fees pursuant to the note and security deed, plus all expenses of this sale. Said property will be sold as the property of Short Pines, Inc. and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale. To the best knowledge and belief of the undersigned, equitable title to said property is now held by Short Pines, Inc. The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtor is First Citizens Bank and Trust Company, Phone Number (770) 995-4557. The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to The Bank of Toccoa, n/k/a First Citizens Bank and Trust Company, Inc., successor by merger. Dated this 30th day of June, 2014. First Citizens Bank and Trust Company, Inc., Attorney-in-fact for Short Pines, Inc. Janney E. Sanders P. O. Box 1005 Toccoa, GA 30577 706/886-7533 Attorney for First Citizens Bank and Trust Company, Inc. GPN11 TR93886
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