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NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF GLYNN Under and by virtue of the power of sale contained in that certain Commercial Deed to Secure Debt and Security Agreement from THOMAS D. PRUITT (the "Grantor") to and in favor of ATHENS FIRST BANK AND TRUST COMPANY n/k/a Synovus Bank ("Lender"), dated March 10, 2003 and recorded on March 17, 2003 in Book 1087, Page 035, Glynn County, Georgia records, as transferred and assigned to NWE16, LLC, an Oregon limited liability company ("Holder") pursuant to that certain Assignment of Note and Other Loan Documents recorded July 13, 2015 in Book 3460, Page 378, aforesaid records (as assigned, the "Security Deed"), securing that certain Universal Note dated March 10, 2003 in the principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00) executed by the Grantor in favor of Lender, as renewed by that certain Universal Note dated June 18, 2008 in the principal amount of ONE HUNDRED THOUSAND, FIVE HUNDRED FIVE AND 78/100 DOLLARS ($100,505.78), as assigned to the Holder pursuant to that certain Allonge effective as of June 24, 2015 executed by Lender in favor of Holder (collectively, the "Note"), there will be sold at public outcry by Holder as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Glynn County, Georgia, on November 3, 2015, the following described land, improvements and appurtenances located at 3181 Cypress Mill Road, Brunswick, Georgia 31525 (hereinafter collectively referred to as the "Premises?" to wit: All of that certain lot, tract or parcel of land situate, lying and being in the 26th G.M. District, in Glynn County, Georgia, which tract of land is described and identified according to a plat of survey made for George P. Underwood, Jr., by Robert N. Shupe, Georgia Registered Surveyor No. 2224, dated September 11, 1985, a copy of which is now or shortly to be recorded in the public records of Glynn County, Georgia, as follows, to-wit: beginning at an iron pin located on the northerly right-of-way line of Cypress Mill Road, which iron pin has the coordinates X-716,757.83 and Y-434,416.81, according to the Georgia Coordinate System East Zone, and from said beginning running north 12 degrees 39 minutes 33 seconds east along the boundary line between the property herein described and property now or formerly belonging to C. Little for a distance of 316.41 feet to an iron pipe; thence running south 84 degrees 16 minutes 45 seconds east along the boundary line between the property now or formerly belonging to Town House, Inc., for a distance of 122.86 feet to an axle; thence running south 12 degrees 39 minutes 33 seconds west along the boundary line between the property herein described and property now or formerly belonging to E. Herrin for a distance of 331.04 feet to an iron pin located on said northerly right-of-way line of Cypress Mill Road; thence running north 77 degrees 26 minutes 34 seconds west along said northerly right-of-way line for a distance of 121.96 feet to the iron pin which marks the point and place of beginning of the tract herein conveyed. Said tract contains according to said survey 39,481 square feet of land. The property herein described and conveyed is the same property conveyed by Mrs. Connie Allen Colvin to George P. Underwood, Jr., and Mrs. Polly B. Underwood by deed dated October 4, 1985, recorded in said public records at Deed Book 26-O, Page 528. EXCEPTED, HOWEVER, from the property herein described and conveyed is the property conveyed in that certain right-of-way deed from George P. Underwood, Jr. and Mrs. Polly B. Underwood to the Georgia Department of Transportation dated February 7, 1990, recorded in said Clerk's Office at Deed Book 34-F, Page 212, for widening the right-of-way of Cypress Mill Road. Reference is hereby made to said plat, said deeds and to the record of each for further purposes of description and identification and for all other purposes. (The land described in the foregoing legal description is referred to herein as the "Land".) TOGETHER with all buildings, structures and other improvements now or hereafter located on the Land, or any part and parcel thereof; and TOGETHER with all rights, title and interest of Grantor in and to the minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on said Land or under or above the same or any part or parcel thereof; and TOGETHER with all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging or in any wise appertaining, and the reversion or reversions, remainder or remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same and of, in and to every part and parcel thereof; and TOGETHER with all fittings and fixtures, whether actually or constructively attached to the Land and including all attached machinery, equipment, apparatus, and all trade, domestic, and ornamental fixtures, appliances, and articles of personal property of every kind and nature whatsoever, located in, upon, or under the Land or any part thereof and used or usable in connection with operation of the Land and now owned by Grantor (hereinafter collectively referred to as the "equipment") including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, cooking, incinerating, and power equipment; engines, pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire preventions, fire extinguishing, refrigerating, ventilating, and communications apparatus; boilers, ranges, furnaces, oil burners, or units thereof; appliances; air-cooling and air conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; dishwashers; attached cabinets; partitions; ducts and compressors; rugs and carpets; mirrors; mantles; draperies; furniture and furnishings; all building materials, supplies, and equipment now or hereafter delivered to said property and intended to be installed therein; all additions to and renewals or replacements of all of the foregoing, and all proceeds and profits of all of the foregoing; and TOGETHER with any and all rents which become due by reason of the renting or leasing of the Land, the improvements thereon, and Equipment; and TOGETHER with any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of, the Land. The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now subject to foreclosure according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed. Notice is hereby given in accordance with O.C.G.A. 44-14-162.2 that this Notice of Sale Under Power is being published in anticipation of a foreclosure sale on November 3, 2015. The name of the secured creditor is NWE16, LLC and the name, address and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed on behalf of NWE16, LLC is Bobby Barnett, 2250 NW Flanders St. Suite G02, Portland, OR 97210, telephone number 503-719-4931. The Premises will be sold on an "as is, where is" basis without recourse against Holder and without representation or warranty of any kind or nature whatsoever by Holder with respect thereto. The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys' fees (notice of intention to collect attorneys' fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises. To the best of the undersigned's knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor. NWE16, LLC, an Oregon limited liability company, as assignee of Synovus Bank, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger with AFB&T As Attorney-in-Fact for THOMAS D. PRUITT David W. Cranshaw, Esq. Morris, Manning & Martin, L.L.P. 1600 Atlanta Financial Center 3343 Peachtree Road, N.E. Atlanta, Georgia 30326 (404) 233-7000
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