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NOTICE OF SALE UNDER POWER GEORGIA, RICHMOND COUNTY Because of default in the payment of the indebtedness, secured by a Deed to Secure Debt and Assignments of Rents ("Security Deed"), Security Agreement and UCC-1, executed and delivered by Mabus Brothers Construction Company, Inc., in favor of Community Bank of Pickens County dated December 20, 2010, in the original principal amount of $3,112,000.00, and recorded in Deed Book 01289, Page 1255, Richmond County, Georgia Records, the undersigned, Community Bank of Pickens County, pursuant to the Security Deed and Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in the Security Deed, will on the first Tuesday in December, 2015 , during the legal hours of sale, at the Courthouse door in Richmond County, sell at public outcry to the highest bidder for cash, the property described in the Security Deed to-wit: COMMENCING AT THE INTERSECTION OF THE SOUTHWESTERN RIGHT-OF-WAY LINE OF MOLLY POND ROAD, WITH THE NORTHWESTERN RIGHT-OF-WAY LINE OF THE CENTRAL OF GEORGIA RAILWAY; THENCE, N 14 24' 50" W ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID MOLLY POND ROAD A DISTANCE OF 119.42 FEET TO THE POINT OF BEGINNING; THENCE S 64 08' 30" W A DISTANCE OF 306.48 FEET TO A POINT; THENCE S 45 38' 00" W A DISTANCE OF 162.04 FEET TO A POINT; THENCE, S 25 16' 00" W A DISTANCE OF 203.07 FEET TO A POINT; THENCE, S 64 44' 00" E A DISTANCE OF 165.00 FEET TO A POINT; THENCE, S 25 16' 00" W A DISTANCE OF 412.00 FEET TO A POINT; THENCE, N 64 44' 00" W A DISTANCE OF 1,230.00 FEET TO A POINT; THENCE N 61 05' 00" W A DISTANCE OF 311.12 FEET TO A POINT; THENCE N 32 49' 00" E A DISTANCE OF 369.40 FEET TO A POINT; THENCE, S 64 44' 00" E A DISTANCE OF 1,296.96 FEET TO A POINT; THENCE, N 25 16' 00" E A DISTANCE OF 220.09 FEET TO A POINT; THENCE N 45 38' 00" E A DISTANCE OF 184.95 FEET TO A POINT; THENCE, N 64 08' 30" E A DISTANCE OF 315.64 FEET TO A POINT; THENCE, S 14 24' 50" E A DISTANCE OF 25.50 FEET TO THE POINT OF BEGINNING. THIS BEING THE SAME PROPERTY WHICH IS DESIGNATED AS PARCEL 1-B AND PARCEL 2-B ON A PLAT PREPARED BY BRIAN G. BESSON DATED JANUARY 1983, AND REVISED MAY 25, 1983, A COPY OF WHICH IS RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA, IN REALTY REEL 168, AT PAGES 335-341. REFERENCE BEING MADE TO SAID PLAT FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF THE METES, BOUNDS AND LOCATION OF SAID PROPERTY. ALSO ALL OF THOSE EASEMENTS AND RIGHTS RESERVED UNTO J-MARK COMPANY IN A WARRANTY DEED TO CENTURY WAREHOUSE FUND HI DATED JULY 7, 1983, AND RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA, IN REALTY REEL 168, AT PAGE 331. THE ABOVE DESCRIBED PROPERTY IS CONVEYED SUBJECT TO THE FOLLOWING EASEMENTS GRANTED TO AND FOR THE BENEFIT OF THE RESPECTIVE OWNERS OF PARCELS 1-A, 2 AND 3 ON A PLAT PREPARED BY BRIAN O. BESSON DATED JANUARY 1983, AND RECORDED JULY 25, 1983, A COPY OF WHICH IS RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA, IN REALTY REEL 168, PAGES 335-341 (REFERENCE BEING MADE TO SAID PLAT FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF THE METES, BOUNDS AND LOCATION OF SAID PARCELS), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS: A NON-EXCLUSIVE PERPETUAL EASEMENT TO RUN WITH THE LAND, TO UTILIZE AS APPURTENANCES TO SAID PARCELS AND THEIR RESPECTIVE OWNERS, SUCCESSORS AND ASSIGNS, ALL WATER LINES AND UTILITY FACILITIES, DRAINAGE SYSTEMS (SANITARY AND STORM), THE RETENTION POND, ROADS AND ROADWAYS AND THAT PORTION OF THE RAILROAD SPUR TRACK AND RIGHT-0F-WAY LOCATED UPON THE PROPERTY HEREIN CONVEYED. SAVING AND EXCEPTING HEREFROM, HOWEVER, THAT REAL PROPERTY CONVEYED TO RICHMOND COUNTY, GEORGIA, BY DEEDS OF MARK VANDEYACHT D/B/A J. MARK COMPANY AND JAMES J. VANDEYACHT DATED OCTOBER 19, 1990, AND RECORDED IN THE AFORESAID CLERK'S OFFICE IN REALTY REED 320, AT PAGES 2006-2008, AND REALTY REEL 355, AT PAGES 836-837, RESPECTIVELY. TAX MAP & PARCEL NUMBER: PORTION OF 073-3-009-00-0 Said property being commonly known as 916 Molly Pond Road, Augusta, Georgia. Together with all fixtures and other personal property conveyed by said deed ACCESS LEGAL ALL THAT LOT OR PARCEL OF LAND WITH IMPROVEMENTS THEREON, SITUATED, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF RICHMOND, BEING SHOWN AND DESIGNATED AS TRACT "A", 1-962 ACRES, MORE OR LESS, ON A PLAT DATED MAY 20, 1996 AND RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA, IN PLAT CABINET B, SLIDE IS, PLAT L AND BOOK 530, PAGE 2015; REFERENCE BEING MADE TO SAID PLAT FOR A MORE COMPLETE AND ACCURATE DESCRIPTION AS TO THE METES, BOUNDS AND LOCATION OF SAID PROPERTY. SAID TRACT "A" IS FOR INGRESS AND EGRESS PURPOSES ONLY AND IS NOT A BUILDING LOT. SAID PROPERTY IS CONVEYED SUBJECT TO AND WITH NOTICE OF THE FOLLOWING MATTERS: A) DRAINAGE EASEMENTS, BUILDING SETBACK LINES, AND ALL OTHER MATTERS SHOWN ON THE PLAT OF RECORD; B) GENERAL UTILITY EASEMENTS AND ROAD RIGHT-OF-WAY GRANTS AND EASEMENTS. SAID PROPERTY IS HEREBY CONVEYED SUBJECT TO ANY AND ALL OTHER EASEMENTS AND RESTRICTIONS OF RECORD IN THE AFORESAID CLERK'S OFFICE. TAX MAP & PARCEL NUMBER: PORTION OF 073-3-009-00-0 ALSO: ALL THAT LOT OR PARCEL OF LAND WITH IMPROVEMENTS THEREON, SITUATED, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF RICHMOND, BEING LOCATED IN THE 90TH G.M.D. AND BEING SHOWN AND DESIGNATED AS TRACT "A", 8.23 ACRES , TRACT "B", 7.83 ACRES AND TRACT "C", 0.38 ACRES , ON A PLAT PREPARED BY JAMES G. SWIFT & ASSOCIATES CONSULTING ENGINEERS, DATED NOVEMBER 12, 2009 AND BEING RECORDED CONTEMPORANEOUSLY HEREWITH IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA, IN B-6-P2; REFERENCE BEING MADE TO SAID PLAT FOR A MORE COMPLETE AND ACCURATE DESCRIPTION AS TO THE METES, BOUNDS AND LOCATION OF SAID PROPERTY. SAID PROPERTY IS CONVEYED SUBJECT TO AND WITH NOTICE OF THE FOLLOWING MATTERS: A) DRAINAGE EASEMENTS, BUILDING SETBACK LINES, AND ALL OTHER MATTERS SHOWN ON THE PLAT OF RECORD; B) GENERAL UTILITY EASEMENTS AND ROAD RIGHT-OF-WAY GRANTS AND EASEMENTS. SAID PROPERTY IS HEREBY CONVEYED SUBJECT TO ANY AND ALL OTHER EASEMENTS AND RESTRICTIONS OF RECORD IN THE AFORESAID CLERK'S OFFICE. TAX MAP & PARCEL NUMBERS: 088-1-008-00-0, 088-1-008-01-0 & 088-1-008-02-0 Said property being commonly known as 1400 Gordon Highway, 1402 Gordon Highway & 1420 Gordon Highway, Augusta, Georgia. Together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property. 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 the Security Deed. Notice has been given of intention to collect attorney's fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Mabus Brothers Construction Company, Inc., and Mulch Yard Properties, LLC and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said Security Deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Community Bank of Pickens County Attorney in Fact for Mabus Brothers Construction Company, Inc. Macey Wilensky & Hennings, LLC (404) 584-1200 www.macewilensky.com File No.3935-159 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. November 5, 12, 19, 26, 2015 Ad #16757826
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