NOTICE OF POWER OF SALE CONTAINED IN SECURITY DEED98
STATE OF GEORGIA
COUNTY OF MUSCOGEE
Under and by virtue of the power of sale contained in that certain Commercial Deed to Secure Debt and Security Agreement from MM&M OF COLUMBUS, L.L.L.P. (hereinafter referred to as "Grantor") to CB&T, a Division of Synovus Bank, dated March 12, 2013, and recorded in Deed Book 10875, Page 326, Muscogee County, Georgia records, subsequently assigned to ROBERT BARNETT, AS TRUSTEE OF THE RH 401(K) PLAN, by that certain assignment dated May 20, 2026, and recorded in Deed Book 14944, Page 491, Muscogee County, Georgia records, (hereinafter referred to as the "Security Deed"), Robert Barnett, as Trustee of the RH 401(k) Plan, the present holder of the Promissory Note and Security Deed defined herein, (hereinafter referred to as the "Secured Creditor") as attorney in fact for Grantor, will sell at public outcry to the highest and best bidder for cash between the legal hours of sale before the courthouse door of Muscogee County, Georgia on the first Tuesday in August, 2026, (August 4, 2026), the following described property (the "Property"), to-wit:
All that lot, tract or parcel of land situate, lying and being in Columbus, Muscogee County, Georgia and being known and designated as all of LOT 123 and shown on that certain plat entitled "REPLAT OF LOTS 1,2,3, BLOCK 6, FIRST ADDITION TO EAST HIGHLANDS, LYING IN LAND LOT 42, COWETA RESERVE, COLUMBUS, MUSCOGEE COUNTY, GEORGIA", dated January 23, 1998, prepared by Hobbs, Smith & Assoc, Inc., recorded in Plat Book 135, Folio 71, of the records in the Office of the Clerk of Superior Court of Muscogee County, Georgia, to which reference is made for a more complete and accurate description of the property herein conveyed.
Said property has a street address of 1100 18th Street, Columbus, Georgia.
Said Security Deed secures that certain Promissory Note dated March 12, 2013 made by MM&M of Columbus, L.L.L.P. in favor of CB&T, a division of Synovus Bank in the original principal amount of Six Hundred Eighteen Thousand and 00/100 Dollars ($618,000.00) subsequently assigned to Secured Creditor (hereinafter referred to as the "Promissory Note") with interest thereon, together with any and all other indebtedness owed by Grantor to Secured Creditor.
The indebtedness arising from the Promissory Note has been and is hereby declared due because of default under the terms of the Promissory Note. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale, and all other payments provided for under the Promissory Note and Security Deed, including attorney fees as provided in the Promissory Note and Security Deed, notice of intention to collect attorney fees having been given as provided by law; and the remainder, if any, shall be applied as provided by law.
The following information is being provided in accordance with OCGA § 44-14-162.2. Robert Barnett, as Trustee of The RH 401(k) Plan is the Secured Creditor under the Security Deed and loan being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the subject security deed and associated note on behalf of the Secured Creditor: Robert Barnett, as Trustee of The RH 401(k) Plan, 8375 SW Beaverton Hillsdale Hwy, Ste 200, Portland, OR, 97225; Telephone No.: (503)330-3392, Attn: Foreclosures. OCGA § 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument."
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, and (2) to final confirmation and audit of the status of the loan with the holder of said Security Deed.
Said property will be sold subject to all liens, encumbrances, unpaid real estate ad valorem taxes and governmental assessments and to all prior restrictions, rights-of-way, and easements of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to by the Secured Creditor.
To the best knowledge and belief of Secured Creditor, the equitable title to the Property is vested in MM&M of Columbus, L.L.L.P.
ROBERT BARNETT, AS TRUSTEE OF THE RH 401(K) PLAN,
ATTORNEY-IN-FACT FOR
MM&M OF COLUMBUS, L.L.L.P.
Attorney for Attorney-in-Fact
Stephen G. Gunby
Page, Scrantom, Sprouse, Tucker & Ford, P.C.
1111 Bay Avenue, 3rd Floor
Post Office Box 1199
Columbus, Georgia 31902
(706) 324-0251
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
IPL0353929
Jul 8,15,22,29 2026