Notice Content
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BC Foreclosures
STATE OF GEORGIA COUNTY OF BRYAN NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by that certain Real Estate Deed to Secure Debt dated on or about December 29, 2006, executed by Hannah Holdings, L.P. to BankSouth, recorded in Deed Book 684, Page 156, Bryan County, Georgia Deed Records, assigned to The Coastal Bank by assignment at Book 834, Page 242, said records, and then assigned to Ameris Bank as successor by merger and by operation of law (said Deed to Secure Debt as the same may have been modified and/or assigned from time to time is referred to as the ''Security Deed''), and securing a promissory note dated on or about December 29, 2006 in the principal amount of $810,000.00, which note, as modified from time to time, was assigned to The Coastal Bank and then to Ameris Bank (said note, as the same may have been renewed, extended, modified and/or assigned from time to time, is referred to as the "Note"), and because of a default in the payment of the indebtedness secured by that Security Agreement dated on or about December 30, 2009 by Hannah Holdings, L.P. in favor of The Coastal Bank securing all obligations of Hannah Holdings, L.P. to said bank, including but not limited to the Note, which Security Agreement and any and all UCC financing statements and fixture filings related thereto were assigned to Ameris Bank as successor by merger and by operation of law (said security agreement and related UCC financing statements and fixture filings, as the same may have been renewed, extended, modified and/or assigned from time to time, are referred to as the "Security Agreement"), AMERIS BANK, AS SUCCESSOR BY MERGER WITH THE COASTAL BANK, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale granted to it and the other rights and powers to which it is entitled under the Security Deed, Security Agreement and/or applicable law, will, on the first Tuesday in October, 2015, to-wit: October 6, 2015, during the legal hours of sale, before the Bryan County Courthouse door, sell at public outcry to the highest bidder for cash, the following described property: ALL that certain tract or parcel of land located in Georgia Militia District No. 20, Bryan County, Georgia, and being known and designated as LOT M36, PHASE 7(a), on that certain subdivision plat prepared by Vincent Helmly, entitled "First Amendment to A Subdivision Plat of Phase 7a, A Section of The Ford Plantation, Richmond Hill, Georgia" which has been recorded in the office of the Clerk of Superior Court of Bryan County, Georgia in Plat Book 504, pages 5, 6 and 7, and which is incorporated herein and made a part hereof by this reference. TOGETHER, with: ALL of Hannah Holding, L.P.'s right, title, interest, and privileges in and to the two Resident Memberships that are intended to be represented by the Membership Certificate Numbers 279 and 291, which are intended to be associated with and correspond to the real property described herein (as more particularly defined in the Security Deed and Security Agreement), and all proceeds. The Resident Memberships are defined in the Club Declaration for The Ford Plantation Club, Inc., recorded in Deed Book 45, Page 282, in the Office of the Clerk of Superior Court of Bryan County, Georgia, as amended or supplemented from time to time. This 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 as to the amount and status of the loan with the holder of the Security Deed and Security Agreement, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale. In addition, to the extent permitted by the applicable security instruments and/or applicable law, the property may be sold together, as one unit, or as separate parcels, and in such order as the current holder may hereinafter in its sole discretion determine. The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note, Security Deed, and Security Agreement is Ameris Bank, c/o Patrick Brodmann, 605 Hwy. 80, Pooler, GA 31322 at (912) 238-1074. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, and any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, easements, rights of way and other matters of record and applicable to the said property, including but not limited to those superior to the security deed and/or security agreement first set out above. Upon information and belief, said property is presently in the possession or control of HANNAH HOLDINGS, L.P. and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed, said Security Agreement and/or applicable law, and the excess proceeds, if any, will be distributed as provided by law. THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AMERIS BANK as Attorney-in-Fact for HANNAH HOLDINGS, L.P. Ellis, Painter, Ratterree & Adams LLP Attn: James K. Austin/Jason Pedigo P.O. Box 9946 Savannah, GA 31401 (912) 233-9700 8767 9/10,17,24, 10/1
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