Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by TIMOTHY JOSEPH WOODS to CLEMENS TREE SERVICE, LLC, 702 Friendship Church Road, Twin City, GA 30471, dated October 11, 2019 and recorded in Deed Book 487, pages 152-155, Emanuel County, Georgia Records, conveying the after-described property, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Emanuel County, Georgia, within the legal hours of sale on the first Tuesday in October, 2020, to wit: October 6, 2020, the following described property:
All that tract or parcel of land lying, situate and being in the City of Twin City, 1560th G.M. District of Emanuel County, Georgia, containing 1.08 acres, fronting on the Northeastern side of 5th Avenue a/k/a Fifth Street, as shown on a plat of survey dated August 2, 1993 made by Marlin Nevil, Surveyor, which is recorded in the Office of Clerk, Emanuel Superior Court in Plat Book 15, page 657, to which reference is made as a part of this description. Said property is bounded now or formerly as follows: Northwest by an unopened street, as shown on said plat of survey and lands of Tommy Connell, formerly lands of by lands of Mrs. Ruby D. Hughes; Northeast by lands of Jo Ann Trammell and Howell Trammell, formerly lands of Walter A. Creech and Mrs. Jimmye Creech; Southeast by lands of Wesley D. Hendley and Patti Hendley; and Southwest by 5th Avenue a/k/a Fifth Street.
LESS AND EXCEPT: All that tract or parcel of land lying, situate and being in the City of Twin City, 1560th G.M. District of Emanuel County, Georgia, fronting on the Northeastern side of 5th Avenue a/k/a Fifth Street being the southern-most 15 feet of that certain 1.08 tract of land and extending back along parallel lines to lands of Jo Ann Trammell and Howell Trammell, formerly lands of Walter A. Creech and Mrs. Jimmye Creech, as shown on a plat of survey dated August 2, 1993 made by Marlin Nevil, Surveyor, which is recorded in the Office of Clerk, Emanuel Superior Court in Plat Book 15, page 657. Said tract of land being bounded, now or formerly as follows: Northwest by lands of Clemens Tree Service, LLC; Northeast lands of Jo Ann Trammell and Howell Trammell, formerly lands of Walter A. Creech and lands of Mrs. Jimmye Creech; Southeast by lands of Wesley D. Hendley and Patti G. Hendley; and Southwest 5th Avenue a/k/a Fifth Street.
Said property is the same as that conveyed by a Warranty Deed dated October 11, 2019 from Clemens Tree Service, LLC, A Georgia Limited Liability Company to Timothy Joseph Woods, which is recorded in the Office of Clerk, Emanuel Superior Court.
Said property is designated in 2020 by the Emanuel County Tax Assessors as Map and Parcel No. T01-016.
Said Deed to Secure Debt was executed to secure a Note of even date in the original principal amount of $108,000.00, with interest at the rate specified therein together with all other indebtedness of the borrower to the lender then due or that might thereafter become due, or thereafter become contracted, which was or would be evidenced by a note or notes.
The debt secured by said Deed to Secure Debt has been and 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 Note and Deed to Secure Debt. The debt remaining in default, 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 has been given, as provided by law.
Said property is commonly known as 307 5th Avenue, Twin City, GA 30471, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party in possession of the subject property is: TIMOTHY JOSEPH WOODS or tenant or tenants.
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, and 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. Section 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. Section 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.
Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Dane Clemens, Clemens Tree Service, LLC, 702 Friendship Church Road, Twin City, GA 30471, telephone (478) 494-4776.
The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend, or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being Clemens Tree Service, LLC, as Attorney in Fact for Timothy Joseph Woods, 702 Friendship Church Road, Twin City, GA 30471.
Jerry N. Cadle, P.C.
P.O. Box 68
Swainsboro, GA 30401
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTMEPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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