Newsbank Archive
July 22, 2014

FORECLOSURE NOTICE gpn11 AgGEORGIA-SUTTON NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HABERSHAM Under and by virtue of the power of sale contained in a Deed to Secure Debt given by R




FORECLOSURE NOTICE gpn11 AgGEORGIA-SUTTON NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HABERSHAM Under and by virtue of the power of sale contained in a Deed to Secure Debt given by R. L. Sutton to AgGeorgia Farm Credit, ACA dated May 30, 2012 and filed and recorded May 30, 2012, in Deed Book 989, Pages 988-994, Habersham County, Georgia, Superior Court Clerk's Office Deed records conveying the after described property to secure a note with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door in Habersham County, Georgia, within the legal hours of sale upon the first Tuesday in August 2014 (August 5, 2014) and continuing from day to day until sold, the following described property, to-wit: All that tract or parcel of land and improvement thereon lying and being in Land Lot 104 of the 11th Land District of Habersham County, Georgia, being shown and designated as Tract One containing 30.66 acres, more or less, on a plat of survey prepared for Robert H. Sutton and Esta Mae Sutton by Hubert Lovell, R.L.S. dated January 10, 1966 and revised February 1, 1991 and being recorded among Habersham County, Georgia records in Plat Book 64, Page 182. Said plat being incorporated herein by reference for a more full and complete description. Including any and all structures or improvements thereon. The debt secured by said Deed to Secure Debt is evidenced by a Fixed Rate Note dated May 30, 2012, in the original principal amount of Five Hundred Eight-Six Thousand Nine Hundred Dollars and No Cents ($586,900.00) executed by R. L. Sutton in favor of AgGeorgia Farm Credit. The debt secured by the Deed to Secure Debt and evidenced by the Fixed Rate Note 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 Fixed Rate Note and Deed to Secure Debt. The debt remains in default and 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 having been given). The property will be sold as the property of R. L. Sutton. To the best of knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as Trotter Mill Road, Habersham County, Georgia is R. L. Sutton, and or his tenant, or present occupant. 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, 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. _ 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. _ 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. R. L. Sutton has been notified in accordance with Georgia Law that attorney's fees will be collected for the default in payment of said Fixed Rate Note, and has been further notified in accordance with O.C.G.A. _ 44-14-162 through _ 44-14-162.4 that foreclosure proceedings have been instigated against this property by sending a copy of the legal advertisement prior to 30 days before the date of sale, by certified mail to the property address or such other address as R. L. Sutton may designate by written notice to the secured creditor. The person who shall have full authority to negotiate, amend, and modify all terms of the Deed to Secure Debt with R. L. Sutton, together with their telephone number is as follows: AgGeorgia Farm Credit, ACA, 468 Perry Parkway, PO Box 1820, Perry, Georgia 31069-1820; (478) 987-8300. The property will be sold as the property of the makers of said Deed to Secure Debt or their assigns, in bar of all equity or redemption, and will divest all of the right, title and interest of the makers thereof, or their assigns, in and to said property, and shall invest such title in the purchaser.The proceeds of said sale will be used first to the payment of expenses of said sale, including those attorney's fees provided by said Deed to Secure Debt and/or that Note secured thereby; the payment of said Fixed Rate Note, principal and interest; and the balance, if any, will be distributed as provided by law.THIS IS AN ATTEMPT TO COLLECT A DEBT; ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AgGeorgia Farm Credit, ACA Attorney in Fact for R. L. Sutton Acting Pursuant To Powers Contained In Said Deed To Secure Debt By: R. Shane Lazenby Lazenby Law Group, LLC P.O. Box 2875 Gainesville, Georgia 30503 Print:4C July 9, 2014; July 16, 2014; July 23, 2014; and July 30, 2014
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