Notice Content
STATE OF GEORGIA COUNTY OF RICHMOND NOTICE OF SALE UNDER POWER WHEREAS, Southern Assisted Living, LLC (the "Borrower"), caused to be executed and delivered to Kimberly S. Pendley and James Ronald Pendley, as Trustees of the Kimberly S. Pendley Living Trust dated March 29, 2007 (the "Secured Party"), a promissory note dated January 8, 2013 (the "Note") evidencing the indebtedness of the Borrower in the original principal amount of Five Hundred Sixty Thousand and 00/100 Dollars ($560,000.00) with interest thereon; and WHEREAS, as security for the Note, the Borrower executed and delivered to the Secured Party that certain Security Deed (the "Security Deed") dated January 8, 2013, recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Book 1379, Pages 1233 et seq.; and WHEREAS, the indebtedness evidenced by the Note and the Security Deed is secured by property described as follows (the "Property"): All that tract or parcel of land, lying and being in the State of Georgia, County of Richmond, City of Augusta, located in the southside of Central Avenue between Schley and Craig Streets composed of all of LOT THREE (3) and the EASTERN HALF of LOT TWO (2), BLOCK SEVEN (7), of a plat of the First addition to MONTE SANO SUBDIVISION as shown on a plat thereof recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 5-7, Page 291, and as shown on a more recent plat of said property prepared by Billy B. Beazley, P.E., dated October 4, 1973 and recorded in said Clerk's office in Realty Reel 27, Page 679, to which plat reference is hereby made for a more particular description as to metes, bounds, courses, distances and location of said property. Improvements of said property being known pursuant to the present system of house numbering in the City of Augusta, Richmond County, Georgia as 2548 Central Avenue, Richmond County, Georgia. This is the identical property conveyed to Southern Assisted Living, LLC by deed of Kimberly S. Pendley and James Ronald Pendley, Trustees of the Kimberly S. Pendley Living Trust dated March 29, 2007, recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Book 1379, Pages 1231 et seq. Richmond County Tax Map and Parcel Number: 044-1-214-00-0 WHEREAS, there has been a default in the payment of said indebtedness according to the terms of said Note and Security Deed, authorizing the acceleration of the maturity of the indebtedness evidenced by the Note and Security Deed and the exercise of the power of sale contained therein; NOW, THEREFORE, pursuant to and in exercise of the power of sale contained in the Security Deed and for the purpose of collecting the indebtedness secured thereby (including attorney's fees and expenses of sale), the Secured Party will offer the Property for sale to the highest bidder, for CASH, at public outcry, before the Courthouse door in Richmond County, Georgia on the First Tuesday in December, to wit: December 1, 2015, between the legal hours of sale. The Secured Party will convey title to the Property as attorney-in-fact for the Borrower, all as provided for under powers of authority granted in the Security Deed. The money derived from the sale will be applied as follows: (i) first to expenses of the sale, including reasonable attorney fees; (ii) secondly to the amount due on the Note and secured by the Security Deed; and (iii) the balance, if any shall be paid as provided by law. Notice has been given of the intention to enforce provisions for collection of attorney's fees in accordance with the legal requirements and the terms of the Note and Security Deed. Said property will be sold for CASH subject to ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assignments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed, street improvements and easements and restrictions of record. Purchaser is to pay cost of recording the deed. To the best knowledge and belief of the undersigned, the parties in possession of the Property are the Borrower or a tenant or tenants and said Property is commonly known as 2548 Central Avenue, Augusta, Georgia 30904. SOUTHERN ASSISTED LIVING, LLC By: Kimberly S. Pendley and James Ronald Pendley, as Trustees of the Kimberly S. Pendley Living Trust dated March 29, 2007, as Attorney-in-fact for Southern Assisted Living, LLC David C. Jones Trotter Jones, LLP 3527 Walton Way Augusta, Georgia 30909 (706)737-3138 THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. November 5, 12, 19, 26, 2015 Ad #16754560
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